Louisiana DUI Laws & Attorneys
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"Bon Ton Roule" – let the good times roll, as they say in Louisiana. But let the good times roll out of control and you’ll rue the day when you suffer a Louisiana DWI (driving while under the influence of alcohol or drugs.)
As in all states the Louisiana “per se” legal limit for blood alcohol content (BAC) is .08% which assumes that any driver is impaired and unable to drive in a safe and controlled manner with that BAC. This means that such drivers are intoxicated in the eyes of the law, and no additional proof of impairment is necessary.
You can also be arrested for suspicion of a Louisiana DWI without a BAC test. If a trooper, though field sobriety tests and subjective opinion, suspect’s a driver’s mental ability had been affected and judgment had been impaired or if a driver was visibly over-excited or displayed watery, bloodshot eyes, slurred speech or the loss of bodily coordination, this can be offered as evidence.
Louisiana is an implied consent state which means drivers are required to submit to a chemical test, such as breath, blood, or urine testing to determine BAC when suspected of a Louisiana DWI. Refuse and a prosecutor will use “consciousness of guilt” against you in court. Louisiana DWI laws state if a driver refuses to submit to such testing penalties such as mandatory suspension of a driver license will occur.
However, if a BAC is below .05%, you are presumed not to be driving under the influence of alcohol. If the test results are between .05% and .08%, there is no presumption regarding alcohol impairment. This is called a “safe harbor” in Louisiana DWI laws.
DWI laws are becoming more severe across the country. A new Louisiana DWI law stiffens penalties as the state has suffered the second highest number of DWI related deaths in recent years. First time Louisiana DWI offenders will now lose their licenses for 12 months. Repeat DWI offenders will lose their driver's licenses for 24 months. And those convicted of DWI in Louisiana three times or more will face a minimum loss of driving privileges for three years — and possibly for life.
As in most states you’ll face two gauntlets in a Louisiana DWI charge . One from the criminal courts, the other from the Department of Transportation’s Office of Motor Vehicles. Although the charges are the same, they are treated somewhat differently. Generally the penalties, such as loss of driver’s license, run concurrently (at the same time).
Louisiana DWI law has what is called a 10-year "washout period”. Consequently, if more than 10 years has passed between DWI arrests, any prior conviction cannot be used to increase the criminal punishment for the present offense — but time spent in jail doesn’t count. For the Department of Transportation’s Office of Motor Vehicles the "washout period” is 5 years.
If you haven’t been drinking or believe that you have ingested alcohol from a benign source such as paint or solvents, mouthwash or prescription or over-the-counter-drugs, be aware that it’s very possible to be arrested for driving in an unsafe or impaired manner, even if you are not “legally drunk”.
Under the Interstate Compact Law if you are an out-of-state driver convicted of a Louisiana DWI the Department of Transportation will notify the state in which you’re licensed and they will take action as if you were convicted at home.
Across the country DWI laws and evidentiary procedures are being challenged, while at the same time the laws are becoming more severe. The best defense is a Louisiana DWI attorney. To be certain that you have the correct and current knowledge contact a Louisiana DWI specialist. In any case, when you are stopped and arrested for suspicion of a DUI, request to contact a Louisiana DUI attorney, the sooner the better.
-- Info You Should Know --
Was I Stopped Legally?
Basically you were stopped because of an equipment failure, traffic offense or a law enforcement officer had probable cause to think you were driving in an impaired manner. Arrests for drunk driving in every state focuses on four areas: driving patterns, physical appearance, field sobriety tests, and chemical tests.
Not all reasons offered by officers are always legal. Check with a Louisiana DWI attorney who will examine all the different aspects of your case, will defend you aggressively and try to mitigate any penalties.
Should I Have Talked to the Cop?
Remember that you don’t have to answer any questions that will incriminate you. Most people say that they have had a "couple of drinks” which is not necessarily incriminating. However such "statements of consumption" will be used against them later.
And if you plan to refuse a sobriety test – which may not be the best course of action – you should inform the officer who stopped you that you would rather wait until instructed by a Louisiana DWI lawyer. An officer will then read you your rights concerning a BAC test and possible consequences from a refusal. But be advised if you refuse the test under the implied consent law you can lose your license on the spot, probably for many months.
Do I Have To Take a Field Sobriety Test (FST)?
Unlike blood and breath testing, submitting to a "field sobriety test" is voluntary, but do not expect an officer to inform you of this. According to the National Highway Traffic Safety Administration (NHTSA), the only tests that have been shown to have some relevance to establishing legal intoxication are the One Leg Stand, the Heel-to Toe and the Horizontal Gaze Nystagmus (HGN). The results of these tests will be entered as evidence against you. But even under laboratory conditions, these tests have only been established to be accurate in predicting blood alcohol content above .10% in 66% to 77% of the time.
What Happens if I Refuse a BAC Test?
If you refuse to take a chemical (blood or breath) test after being arrested for DWI, your privilege to drive or your ability to obtain a license will be revoked by the Department of Transportation, Office of Motor Vehicles which regulates and enforces motor vehicle statutes. This revocation will occur even when the criminal charge of DWI or refusal to test is dismissed, or you are found not guilty in court.
I’m Simply Going To Plead Guilty, Why Do I Need A Louisiana DWI Lawyer?
A Louisiana DWI defense attorney will level the playing field between you and the prosecution in an effort to provide and preserve your constitutional rights. DWI convictions and penalties can be long lasting and severe, both in court and with the OMV which regulates your driving privileges. These penalties and the numerous and complicated laws relating to motor vehicles and Louisiana DWI charges should be taken very seriously.
Experienced and skilled legal counsel may be able to help mitigate your problems by minimizing your legal problems and maximizing your defenses. A Louisiana DWI defense attorney will level the playing field between you and the prosecution in an effort to provide and preserve your constitutional rights.
When considering consulting a Louisiana DWI attorney, take into account the impact of a criminal conviction: possible loss of voting privileges, increased cost or cancellation of auto insurance, educational opportunities, inability to rent or own cars, restrictions on travel, loss of security clearance, job barriers, possible loss of professional credentials or certifications, and the loss of personal freedom. Don’t you think these rights, possessions, achievements and abilities and are worth protecting?
What’s A Louisiana DWI Defense Attorney Going To Cost?
One of the biggest concerns for people charged with a Louisiana DWI are attorney fees. As cases vary, so does cost. Most people don’t realize that money spent now on skillful help from a Louisiana DWI attorney might save them thousands of dollars in the years to come. Many parts of your life can be impacted by a criminal record. Can you put a price tag on your rights, your name and your freedom?
What Happens In Court?
You’ll have to make several appearances. In a criminal case you have the right to a jury trial with presumption of innocence, but once convicted, it can be up to the judge what punishment you will receive. The sentencing range, and whether the offense will be a misdemeanor or a felony, is based on a number of things including the number of prior DWI convictions. These convictions include any previous Louisiana administrative or criminal court DWI suspensions, for refusal to submit to a BAC test, or any DWI convictions in other states. There are also penalty enhancements due to aggravated circumstances.
In addition, a judge may require you to participate in alcohol or drug treatment programs as part of a parole (probation) program or have an ignition interlock device installed on your vehicle. As a condition of parole may be that you not drink or congregate where any alcoholic beverages are served (save for ball parks, concerts, restaurants).
What Are Statutory Court Costs?
Additional fees and fines, depending on the penal or vehicle code violated.
Can I Plea Bargain?
Many cases are resolved prior to trial. Effective Louisiana DWI counsel often times will be able to negotiate a plea to a lesser charge, and some states will allow an expunged record after a waiting period.
While the plea bargain is extremely advantageous to anyone accused of a Louisiana DWI — remember that the original DWI charge, or a conviction of any lesser crimes, still counts as a ‘prior’ for calculating the mandatory minimums should a driver re-offend.
What Is A Nolo Contendere Plea?
In legal terms, nolo contendere (Latin for “I do not wish to contest”) is an alternative to a guilty or not guilty plea. While not technically a guilty plea, a nolo plea has many of the same effects, but with some mitigating circumstances. In most states you can only plea nolo once in DWI cases. Generally a judge decides whether a nolo plea will be accepted, and it is not always available for several reasons.
In any case, without services of a veteran Louisiana DUI specialist, specialized pleas or plea bargaining is not possible.
Is Punishment by the Criminal Courts and the Louisiana Department of Transportation (OMV) Constitute Double Jeopardy?
Like most states Louisiana DWI law permits the enforcement of administrative penalties in addition to court punishments, as the state considers driving a privilege, not a right, and not subject to civil liberties. Louisiana OMV administers driver’s licenses, imposes civil penalties, and also serves as the judge, jury and also metes out punishment. Most penalties, such as loss of a driver’s license runs simultaneously to court sanctions.
-- Louisiana DWI Criminal Penalties --
1st Louisiana DWI Offense
A misdemeanor.
10 days to 6 months in jail.
BAC of 0.15% or higher, must serve at least 48 hours in jail must be served without benefit of parole, probation or suspension of sentence.
$300 to $1,000 fine plus fees and court costs including Victim's Restitution Fund, chemical test, probation and incarceration fees.
32 hours of community service and complete alcohol education classes must be completed.
90 day mandatory loss of driver’s license.
Not eligible for hardship license for the first 30 days.
1st offenses, some or all of the mandatory minimums can be substituted for participation in substance abuse and driver improvement programs, combined with community service.
Minors12 years or younger in the vehicle at the time of DWI arrest and the minimum mandatory sentence cannot be suspended.
2nd Offense
A misdemeanor.
30 days to 6 months in jail, mandatory 48 hours incarceration.
$750 to $1,000 in fines plus court costs and fees.
Mandatory completion of 240 hours of community service and alcohol education classes.
Possible installation of an ignition interlock system (a BAC of .02% locks ignition) in all vehicles owned or registered to offender.
3rd Offense
A felony.
1 to 5 years in jail, mandatory 30 days incarceration.
$2,000 fine plus court costs and fees.
2 year loss of driver’s license.
Installation of an ignition interlock system (locks out drivers with a BAC of .02%).
Vehicle driven at the time of arrest may be seized and sold.
6 weeks in an inpatient substance abuse program, plus 12 months in an outpatient program.
4th Offense
A felony.
10 to 30 years in prison, mandatory 30 days incarceration.
Possible house arrest for 5 years.
$5,000 fine plus court costs and fees.
2 year loss of driver’s license.
6 weeks in an inpatient substance abuse program, plus 12 months in an outpatient program.
Vehicle driven at the time of arrest will be seized and sold.
Commercial Driver’s License & Others DWI
The legal limit is 0.04% for drivers holding a CDL.
1 year suspension of driver’s license for conviction of DWI or refusing a test.
3 year suspension period involving the hauling hazardous materials and DWI.
A permanent revocation of CDL for subsequent convictions.
Other Louisiana DWI legal limits also apply to airline pilots, bus drivers, and to persons operating recreational watercraft.
Enhancement for Child Endangerment
Minor (12 or under) in the vehicle at the time of a DWI offense enhances the penalties.
Minimum mandatory jail sentence has to be served without being suspended in favor of other penalties or probation.
Restricted Hardship License
90 day waiting period.
1st offense DWI only qualifies. Restricted (Hardship) License will be conditional to driving at specific times and places.
Driver’s license stamped "R".
Violation of restrictions will cancel license.
Underage Louisiana DWI 1st Offense
.02% or more BAC is the legal limit. (Zero tolerance -- no alcohol allowed in system or on breath).
$100 to $250 fine.
1st offense 180 days loss of license.
BAC of .10% or greater is subject to the same penalties as adults.
Mandatory participation in a court approved substance abuse and driver improvement program.
Possible suspended sentenced with probation.
Underage DWI 2nd Offense
$150 to $500 fine.
10 days to 3 months in jail.
180 day driver’s license suspension.
80 hours community service.
Substance abuse evaluation and driver improvement school required.
Sentence may be suspended with probation.
Terms of Probation
2 days imprisonment.
80 hours of community service.
Participation in a court approved substance abuse evaluation and education and driver improvement program.
BAC of 0.15% or more, 48 hours of the sentence imposed must be served without the benefit of parole or probation.
-- Administrative Penalties --
Louisiana DWI Office of Motor Vehicle Sanctions
10 days to request an administrative hearing to save driving privilege.
Eligible drivers may receive a temporary license for 30 days
Ignore the hearing deadline and the temporary license automatically becomes invalid after 30 days and the suspension takes place.
1st offense, 90 day suspension of driver’s license with eligibility for a hardship license after 30 days.
2nd and subsequent offenses occurring within 5 years of a prior is a 365 day suspension with no opportunity to receive a hardship license.
180 day suspension of license for BAC test refusal, eligibility for a hardship license after 90 days.
2nd test refusal results in a 545 day suspension of license with no opportunity to receive a hardship license.
If you violate these restrictions, any license will be cancelled with no driving privileges for 6 months.
– Disclaimer –
Only skilled and licensed Louisiana DWI specialists should provide you with bonified legal advice. Consequently, the aforementioned information on this web site should not be construed as legal advice, rather suggestions and a range of helpful information and should not be substituted for speaking with an accredited Louisiana DWI attorney. There is no warrantee, expressed or implied herein. These issues are complicated, laws change and DWI litigation takes experience. Please let us refer you to a seasoned Louisiana DWI professional.
– Criminal Code & Administration Statues Citations –
Operating a vehicle under the influence (LRS 32:661)
Administrative
Louisiana Dept. of Transportation/Department of Motor Vehicles
http://omv.dps.state.la.us/
Toll Free Line Available
1-877-OMV-LINE
(1-877-368-5463)
CDL AUTHORITY
R.S. 32:414.2, et al.
R.S. 32:668 (Refusal Hearings)
