DWI/DUI - Drunk Driving Laws And Attorneys In Louisiana
| A comprehensive guide to drunk driving laws, penalties, fines and attorneys. |
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DWI/DUI - Drunk Driving Laws And Penalties In Louisiana
Submit Or Refuse Alcohol Analysis Test
Louisiana law states that when you drive a motor vehicle upon the
highways of this state, you are deemed to have given your consent to a
test for the purpose of determining the alcoholic content of your blood
and the presence of any abused or illegal controlled dangerous
substance. The test will be administered at the discretion of a law
enforcement officer who has reason to believe you were driving under
the influence of alcohol or drugs. At the time, the officer will advise you of
both your criminal and civil rights as they relate to your arrest and to the
chemical test.
If you refuse to submit to the test, your driving privileges will be
suspended for 180 days on your first offense. If it is a second or
subsequent offense, your driving privileges will be suspended for 545
days. In addition, before you can have your driving privileges reinstated,
you must file proof of future financial responsibility by submitting an SR-
22 or $30,000.00 in cash or security.
If you submit to the test and you are 21 years of age or older, and the test
results show a BAC level of 0.08% or more, your driving privileges will
be suspended for 90 days. If you submit to the test and you are under 21
years of age, and the test results show a BAC level of 0.02% or more,
your driving privileges will be suspended for 180 days. These are the
specified penalties for first offense. If it is a second or subsequent
offense, your driving privileges will be suspended for 365 days.
Penalties For Driving While Intoxicated (DWI):
Your first conviction could cost you $4,500 (court costs, fines, lawyer
fees, etc.)
1st DWI conviction - MAXIMUM Penalties
a) A criminal record
b) Six months in jail
c) $1,000 fine plus court costs
d) Loss of driver’s license for 90 days (180 days if under age 21)
2nd DWI conviction - MAXIMUM Penalties
a) A criminal record
b) Six months in jail with 48 hours mandatory jail time
c) $1,000 fine plus court costs
d) Loss of driver’s license for one year
3rd DWI conviction - MAXIMUM Penalties (R.S. 14.98)
a) A felony criminal record
b) 1-5 years in prison with 30 days mandatory jail time
c) $2,000 fine plus court costs
d) Loss of driver’s license for two years
e) Auto may be seized and sold
f) Six weeks inpatient and 12 months outpatient substance abuse
treatment
g) Home incarceration for remainder of sentence
4th DWI conviction - MAXIMUM Penalties (R.S. 14:98)
a) A felony criminal record
b) 30 years in prison with 30 days mandatory jail time
c) $5,000 fine plus court costs
d) Loss of driver’s license for two years
e) Auto may be seized and sold
f) Six weeks inpatient and 12 months outpatient substance abuse
treatment
g) Five years home incarceration
In addition to the penalties listed, proof of future financial responsibility
must be filed and maintained for three years from the date of conviction.
The court also has the authority to require participation in community
service work, driver improvement programs, and substance abuse
treatment .
If you are driving while intoxicated and cause a crash that results in the
death of another person, your conviction can result in a jail term of up to
20 years.
Under R.S. 14:32.1, vehicular homicide is the killing of a human by an
operator of any motor vehicle, aircraft, watercraft, or other means of
conveyance, whether or not there is any intent to cause death or great
bodily harm. Penalties include fines of not less than $2,000 nor more
than $15,000 and imprisonment for not less than five years nor more
than 30 years. At least one year jail time will be mandatory.
Under R.S. 14:39.1, vehicle negligent injury is inflicting any injury by an
operator of any motor vehicle, aircraft, water-craft, or other means of
conveyance when the offender is under the influence of alcohol or drugs
and/or the offender’s blood alcohol concentration is 0.08% or more.
Penalties include fines of not more than $1,000 or imprisonment for not
more than six months, or both.
Under R.S. 14:39.2, first degree vehicle negligent injury is inflicting of
serious bodily injury by an operator of any motor vehicle, aircraft, water-
craft, or other means of conveyance when the offender is under the
influence of alcohol or drugs and/or the offender’s blood alcohol
concentration is 0.08% or more. Penalties include fines of not more than
$2,000 or imprisonment for not more than five years, or both.
Driving Under Suspension
Each conviction of driving under suspension will cause your suspension
period to be extended for one year. Driving while your license is
suspended will be cause for arrest, a court fine and/or time in jail.
Upon expiration of any suspension period, a reinstatement fee will be
required before your driving privileges can be reinstated.
Hardship Drivers License In Louisinana
A hardship drivers license may be issued if requested, this is a
restricted license issued administratively, in accordance with statutes,
or by order of the court to an individual whose driving privileges are
under suspension. This type of license allows the individual to drive
during the period of suspension with restrictions on the reason and/or
routes and times of travel for the purpose of earning a livelihood or for
the necessities of life.
Submit Or Refuse Alcohol Analysis Test
Louisiana law states that when you drive a motor vehicle upon the
highways of this state, you are deemed to have given your consent to a
test for the purpose of determining the alcoholic content of your blood
and the presence of any abused or illegal controlled dangerous
substance. The test will be administered at the discretion of a law
enforcement officer who has reason to believe you were driving under
the influence of alcohol or drugs. At the time, the officer will advise you of
both your criminal and civil rights as they relate to your arrest and to the
chemical test.
If you refuse to submit to the test, your driving privileges will be
suspended for 180 days on your first offense. If it is a second or
subsequent offense, your driving privileges will be suspended for 545
days. In addition, before you can have your driving privileges reinstated,
you must file proof of future financial responsibility by submitting an SR-
22 or $30,000.00 in cash or security.
If you submit to the test and you are 21 years of age or older, and the test
results show a BAC level of 0.08% or more, your driving privileges will
be suspended for 90 days. If you submit to the test and you are under 21
years of age, and the test results show a BAC level of 0.02% or more,
your driving privileges will be suspended for 180 days. These are the
specified penalties for first offense. If it is a second or subsequent
offense, your driving privileges will be suspended for 365 days.
Penalties For Driving While Intoxicated (DWI):
Your first conviction could cost you $4,500 (court costs, fines, lawyer
fees, etc.)
1st DWI conviction - MAXIMUM Penalties
a) A criminal record
b) Six months in jail
c) $1,000 fine plus court costs
d) Loss of driver’s license for 90 days (180 days if under age 21)
2nd DWI conviction - MAXIMUM Penalties
a) A criminal record
b) Six months in jail with 48 hours mandatory jail time
c) $1,000 fine plus court costs
d) Loss of driver’s license for one year
3rd DWI conviction - MAXIMUM Penalties (R.S. 14.98)
a) A felony criminal record
b) 1-5 years in prison with 30 days mandatory jail time
c) $2,000 fine plus court costs
d) Loss of driver’s license for two years
e) Auto may be seized and sold
f) Six weeks inpatient and 12 months outpatient substance abuse
treatment
g) Home incarceration for remainder of sentence
4th DWI conviction - MAXIMUM Penalties (R.S. 14:98)
a) A felony criminal record
b) 30 years in prison with 30 days mandatory jail time
c) $5,000 fine plus court costs
d) Loss of driver’s license for two years
e) Auto may be seized and sold
f) Six weeks inpatient and 12 months outpatient substance abuse
treatment
g) Five years home incarceration
In addition to the penalties listed, proof of future financial responsibility
must be filed and maintained for three years from the date of conviction.
The court also has the authority to require participation in community
service work, driver improvement programs, and substance abuse
treatment .
If you are driving while intoxicated and cause a crash that results in the
death of another person, your conviction can result in a jail term of up to
20 years.
Under R.S. 14:32.1, vehicular homicide is the killing of a human by an
operator of any motor vehicle, aircraft, watercraft, or other means of
conveyance, whether or not there is any intent to cause death or great
bodily harm. Penalties include fines of not less than $2,000 nor more
than $15,000 and imprisonment for not less than five years nor more
than 30 years. At least one year jail time will be mandatory.
Under R.S. 14:39.1, vehicle negligent injury is inflicting any injury by an
operator of any motor vehicle, aircraft, water-craft, or other means of
conveyance when the offender is under the influence of alcohol or drugs
and/or the offender’s blood alcohol concentration is 0.08% or more.
Penalties include fines of not more than $1,000 or imprisonment for not
more than six months, or both.
Under R.S. 14:39.2, first degree vehicle negligent injury is inflicting of
serious bodily injury by an operator of any motor vehicle, aircraft, water-
craft, or other means of conveyance when the offender is under the
influence of alcohol or drugs and/or the offender’s blood alcohol
concentration is 0.08% or more. Penalties include fines of not more than
$2,000 or imprisonment for not more than five years, or both.
Driving Under Suspension
Each conviction of driving under suspension will cause your suspension
period to be extended for one year. Driving while your license is
suspended will be cause for arrest, a court fine and/or time in jail.
Upon expiration of any suspension period, a reinstatement fee will be
required before your driving privileges can be reinstated.
Hardship Drivers License In Louisinana
A hardship drivers license may be issued if requested, this is a
restricted license issued administratively, in accordance with statutes,
or by order of the court to an individual whose driving privileges are
under suspension. This type of license allows the individual to drive
during the period of suspension with restrictions on the reason and/or
routes and times of travel for the purpose of earning a livelihood or for
the necessities of life.
| Learn on what will happen to your license if you get a DUI/DWI out of state or outside of the country. |
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