Louisiana DUI Laws
In Louisiana a person may be arrested and charged with DWI upon belief that he or she unlawfully operated a motor vehicle while under the influence of drugs or alcohol. It is advisable to seek counsel as soon as possible if you are arrested for DWI in Louisiana. A conviction can negatively impact driving privileges, finances, employment and even cost you your freedom. A trained Louisiana DUI attorney can look for problems with the evidence (e.g., an illegal traffic stop or a breath machine that was not properly calibrated) to help you win your case.
A DWI case can be based on per se evidence of intoxication (having a blood alcohol concentration [BAC] of .08 or more) or on other evidence of impairment (e.g., witness testimony). If convicted, penalties might include jail, lost driving privileges, fines, treatment and more. Penalties are harsher with aggravating factors. For example, the driver's license suspension period is at least one year on first conviction and at least two years for subsequent convictions and/or if the driver had a blood alcohol concentration over .20. Even if your license is suspended, you may be able to get a restricted license (with the installation of an ignition interlock device) so that you can drive to work. To learn more about Louisiana DWI penalties contact an attorney.
Louisiana DWI involves a complex, time sensitive and evolving set of civil and criminal laws. Whether it is your first DWI or you have a prior drunk driving conviction, hiring a skilled Louisiana DUI lawyer can be the key to a better outcome.
Louisiana DUI/DWI Laws and Penalties
State and federal laws in the United States are constantly changing. The following guide is intended solely for informational purposes and should not take the place of the advice of a lawyer. Only a qualified attorney can assess the merits of your case completely and provide an effective plan for counsel.
Blood Alcohol Content/Concentration ("BAC")
Louisiana BAC laws may differ from those of other states, as follows.
| Louisiana BAC Laws | |
| Per Se Violation | BAC of .08 or higher |
| "Zero Tolerance" (BAC for someone under 21) | .02 or higher |
| Commercial Driver's License Holder* | .04 or higher (while operating a commercial vehicle) |
| Implied Consent to Submit to a BAC Test |
|
Administrative License Suspension
Suspension by DMV: immediately following arrest for DUI/DWI; independent of court conviction and suspensions following a court conviction.
Time to file for appeal: within approximately 15 days after DUI/DWI citation.
| DUI/DWI Arrest | |
| 1st Offense | 90-day license suspension |
| Subsequent Offenses | 1-year license suspension |
| "Zero Tolerance" (BAC for Someone Under 21) | 180-day license suspension |
| Temporary License | Potentially |
| Administrative Hearing | Yes |
| Limited Privileges Possible | Yes |
| Refusal to Submit to BAC Test | |
| 1st Offense | 1-year license suspension |
| Subsequent Offenses | 730-day license suspension |
Criminal Court Conviction - Mandatory Fines and Penalties
(Penalties imposed by the criminal court system)
| First DUI/DWI Offense | |
| License Suspension | 1 year (may have conditional license) |
| Prison Term and Community Service | Up to 6 months in jail; maybe community service |
| Fines, Fees, and Surcharges | Approx. $1,000 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Possible alcohol education and treatment |
| Second DUI/DWI Offense | |
| License Suspension | 2 years (may have conditional license) |
| Prison Term and Community Service | 2 days to 6 months in jail; maybe community service |
| Fines, Fees, and Surcharges | Approx. $1,000 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Possible alcohol education and treatment |
| Third DUI/DWI Offense | |
| License Suspension | 3 years (may have conditional license) |
| Prison Term and Community Service | 30 days to 5 years in jail; maybe community service |
| Fines, Fees, and Surcharges | Approx. $2,000 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Possible alcohol education and treatment |
| Fourth DUI/DWI Offense | |
| License Suspension | 3 years (may have conditional license) |
| Prison Term and Community Service | 30 days to 30 years in jail; community service |
| Fines, Fees, and Surcharges | Approx. $5,000 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Possible alcohol education and treatment |
| Aggravating Factors that Can Alter DUI/DWI Penalties*** |
| Vehicular Manslaughter |
| Driving with Children in the Car |
| Higher BAC (above the enhanced penalty) |
| Zero Tolerance DUI/DWI |
| Driving While Under the Influence of Drugs |
| Out-of-State DUI/DWI Convictions |
| Reckless Driving/Accident |
*Restrictions can be placed on a commercial driver's license for any DUI/DWI (even those received while driving non-commercial vehicles).
**Includes only fines, fees, and surcharges imposed by the court upon conviction; excludes court costs, attorneys' fees, mandatory treatment costs, bail, and increased insurance.
***A variety of factors in your specific DUI/DWI situation can alter your penalties beyond what is set out in law. This chart lists some of these aggravating factors.
Sources: Insurance Institute for Highway Safety, Governors Highway Safety Association, Louisiana Highway Safety Commission