Louisiana Driving While Intoxicated Law
In common with many other States, a DWI arrest in Louisiana will lead to two cases being brought against the defendant, a criminal case and a Louisiana Department of Public Safety case. If you have been arrested for DWI in Louisiana, you have only 15 days in order to apply for a hearing at the Louisiana Department of Public Safety in order to retain your driver's license. It is therefore essential that you contact a Louisiana DWI lawyer as soon as possible.
Blood Alcohol Concentration is currently set at 0.08%, over which the defendant can be charged regardless of whether or not the person is impaired. This method is based on body chemistry rather than how the vehicle in question was actually being driven. Louisiana law does allow that drivers with BAC of less than 0.08% are not impaired in their driving ability.
Refusal to supply a chemical sample may result in your license being suspended for up to 6 months if it is you first refusal or 545 days for any subsequent refusals.
| Conviction | Punishment |
| First | Jail sentence of between 10 days and 6 months, fine between $300 and $1000 plus costs and fees, 32 hours community service, 90 day suspension of license, “Substance Abuse Evaluation” and driver improvement school. If BAC exceeds 0.15% mandatory 48 hours in prison. |
| Second | Jail sentence of between 30 days and 6 months, fine between $750 and $1000 plus costs and fees, 240 hours community service, 1 year suspension of license, “Substance Abuse Evaluation” and driver improvement school. If BAC exceeds 0.15% mandatory 96 hours in prison. |
| Second with prior felony conviction. | Jail sentence of between 1 and 5 years, fine of $2000 plus costs and fees, 240 hours community service, 1 year suspension of license, “Substance Abuse Evaluation” and driver improvement school |
| Third | Jail sentence of between 1 and 5 years, fine of $2000 plus costs and fees, 240 hours community service, 2 year suspension of license, vehicle is seized and sold with proceeds going to the State. |
| Fourth | Jail sentence of between 10 and 30 years, fine of $5000 plus costs and fees, 2 year suspension of license, vehicle is seized and sold with proceeds going to the State. |
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