DUI Reference Guide

Louisiana DWI Laws

DWI arrests occur in Louisiana if a person is found to have a blood alcohol content that exceeds or meets 0.08%.  Those who are found to be driving while under the influence also will face charges.  If a person submits to a BAC test, which does not reach 0.06%, He or she is not considered to be under the influence.  However, anyone age 21 or under will be considered to be driving under the influence if the BAC is at or above 0.02%.

Anyone who is stopped on suspicion of a DWI can be asked to take a test to measure his or her blood alcohol content.  If a driver refuses, he or she will have the license suspended for six months if this is the first offense.  Administrative license suspension will occur for longer periods of time for subsequent offenses will also occur for having BAC that exceeds the legal limit will result in six months to one-year suspensions.

Arrests for DWI will result in license suspensions.  A driver may petition for a hearing to keep his or her license.  However, the request must be made within 15 days of the arrest. 

There are a variety of consequences for DWI convictions, which vary depending upon the number of prior DWI or related offenses.  Anyone arrested will be evaluated for any existing drug or alcohol problems.  Furthermore, he or she will be required to attend Driver Improvement courses.   First time offenders face 10 days to six months.  There are ways that a person can receive a suspended sentence.  However, this is not possible for anyone with a BAC that exceeds 0.15%.  In this case, the offender will serve at least 48 hours in jail.  Fines can range from $300-$1000 in addition to court costs and other fees. 

Second time offenders will lose their license for a year and can be sentenced to 30 days to six months in jail.  Anyone with a BAC reaching or exceeding 0.15% must serve at least 96 hours.  Two hundred forty hours of community service can be ordered, along with fines as much as $1000.

Third and fourth time offenders will be charged with a felony.  Third time offenders may pay $2000 in fines and can serve up to five years in jail.  They must serve at least six months.  Fourth time offenders can be sentenced to 10-30 years in prison, and must serve at least two years.  A person will lose his or her license for two years for a fourth offense and the vehicle will be seized and sold. 

Different penalties apply to those who are under age.  They too must be evaluated for any drug or alcohol problems and attend the driving safety course.  Fines can reach $250.  Second time offenders could serve as many as 3 months in prison.  However, the court can suspend this sentence in lieu of 90 hours of community service and fines for as much as $500.  Harsher penalties can apply to multiple offenses. 

Louisiana has a child endangerment law, which means that if a child age 12 or younger is present in the vehicle when the driver is arrested, the minimum mandatory sentence cannot be suspended.  Depending upon the number of offenses, incarceration can range from 10 days in jail to 10 years. 

DWI is a serious offense with serious consequences.  With the constant changes in the law, it is essential for anyone facing DUI charges to work with an attorney in order to create the best defense possible. If arrested for a DWI offense, a driver may exercise the right to remain silent.  It is important to cooperate in identifying yourself to the law enforcement officer and producing driver’s license, vehicle registration, and proof of insurance. However, it is not necessary to say anything more.

In the state of Louisiana, drivers have the right to refuse to perform a field sobriety test.  There is no penalty for refusing to participate.  Of course, the arresting police officer may testify to your refusal in court.  Except in cases where there has been serious injury or death, a driver may refuse to submit to either a breath alcohol or blood alcohol test.  A first refusal will result in suspension of driver’s license for 180 days.

Because of all the legal complexities, any driver charges with DUI should get legal help immediately.  Drunk driving charges are serious and can result in harsh consequences, which can affect an individual’s entire life.