Louisiana DWI DUI Laws

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The maximum prescribed legal BAC limit in Louisiana is 0.08% per se
(effective from Sep 30th 2003)

(If you’ve been charged with Louisiana DUI, the law allows only 15 days for your Louisiana DUI Lawyer to make a request with the Louisiana Department of Public Safety for a hearing to save your driving license)

Louisiana DUI DWI Laws and BAC limits

ALL DRIVERS - BAC LIMIT = 0.08%
In the State of Louisiana it is crime for ANY driver to drive with a BAC (blood alcohol content - concentration) of 0.08% and above.

COMMERCIAL DRIVERS - BAC LIMIT = 0.04%
It is a crime for commercial vehicle operators to drive with a BAC (blood alcohol content - concentration) of 0.04% or above.

MINOR (under the age of 21) - BAC LIMIT = 0.02%
It is a crime for persons under 21 years of age to drive with a BAC (blood alcohol content - concentration) of 0.02% or above.

It can be an offense to refuse to submit to a chemical test in Louisiana and implied consent laws are enforced.

BLOOD ALCOHOL CONTENT CALCULATOR Calculate your BAC using our calculator, know your legal drunk driving limits and stay safe!!

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Penalties for DUI DWI - Drunk Driving in Louisiana

In Louisiana a five-year ‘washout period’ also known as a 'look back period'.

NOTE: OUT OF STATE CONVICTIONS
Under Louisiana state law, an alcohol related driving conviction in any other state, municipality or town which prohibits the operation of any motor vehicle while intoxicated, impaired or under the influence of alcohol shall constitute a prior conviction.

ENHANCED PENALTIES
Enhanced penalties which can result in increased minimum jail time, suspension/revocation periods, fines etc are implied in cases with aggravating factors such as:

1) Committing an offense with a BAC of 0.15 or higher
2) Committing an offense with a BAC of 0.20 or higher
3) Committing an offense while a minor 12 years of age or younger was in the vehicle

First DUI DWI - Drunk Driving Conviction - MISDEMEANOR

The penalty for a first DUI DWI - drunk driving conviction in Louisiana:

• Fine: $300 to $1,000 fine ($750 to $1,000 if BAC 0.20 or more)
• Jail: 10 days to 6 months in jail
• Driving License Suspension: 12 months (1 year) drivers license suspension (2 years if BAC 0.20 or more)
• Restricted Drivers License: a restricted hardship driving license may be available immediately and an ignition interlock will be required for entire time of applicable suspension period or for at least 12 months if convicted with a high BAC of 0.20 or more
• possible 32 hours community service
• possible court approved substance abuse program
• possible court improved driver improvement program
• Louisiana SR22 insurance requirement

Second DUI DWI - Drunk Driving Conviction - MISDEMEANOR

The penalty for a second DUI DWI - drunk driving conviction in Louisiana:

• Fine: $750 to $1,000 fine
• Jail: 30 days to 6 months in jail
• Driving License Suspension: 24 months (2 years) drivers license suspension (4 years if BAC 0.20 or more)
• Restricted Drivers License: a restricted hardship driving license may be available after 45 days and an ignition interlock will be required for entire time of applicable suspension period
• possible 240 hours community service
• possible court approved substance abuse program
• possible court improved driver improvement program
• (IID) ignition interlock restriction upon drivers license re-instatement
• Louisiana SR22 insurance requirement

Third (and subsequent) DUI DWI - Drunk Driving Conviction - Felony

The penalty for a third DUI DWI - drunk driving conviction in Louisiana:

• Fine: $2,000 fine
• Jail: 1 to 5 year in jail (with or without hard labor)
  [home incarceration an option]
• Driving License Suspension: 36 months (3 years) drivers license suspension
• Restricted Drivers License: if enrolled on a DWI or sobriety program and in good standing with presiding judge will be eligible to apply for ignition interlock restricted hardship driving license after not less than 45 days of suspension period has been served
• must complete substance abuse evaluation and treatment programs as required
• possible court approved substance abuse program
• possible court improved driver improvement program
• possible seizure and sale of motor vehicle
• (IID) ignition interlock restriction upon drivers license re-instatement
• Louisiana SR22 insurance requirement

Implied consent LAWS

It can be an offense to refuse to submit to a chemical test in Louisiana and implied consent laws are enforced.

Penalties for refusing to submit to a chemical test in Louisiana

In Louisiana, if the accused refuses to take a chemical test of their blood, breath or urine, their drivers license may be suspended/revoked.

Chemical Test Refusal while not under arrest FOR DUI

Refusing to submit to a chemical test while NOT under arrest for DUI

Refusing a chemical test is an offense when a person IS NOT under arrest for DUI

AND

1) That person has refused to submit to such a test on two previous and separate occasions of such a violation; OR
2) A fatality has occurred in a crash; OR
3) A person has sustained serious bodily injury in a crash

Refusing to so submit to a chemical test under these circumstances while NOT under arrest for DUI will result in the following penalties:

• Fine: $300 to $1,000 fine
• Jail: 2 days to 6 months jail
• possible 32 hours community service
• possible court approved substance abuse program
• possible court improved driver improvement program

Chemical Test Refusal while under arrest FOR DUI

Refusing to submit to a chemical test while under arrest for DUI

Refusing a chemical test is an offense when a person IS under arrest for DUI

AND

1) That person has refused to submit to such a test on two previous and separate occasions of such a violation;

Refusing to so submit to a chemical test under these circumstances while under arrest for DUI will result in the same penalties as those received for DUI.

An ignition interlock restricted hardship drivers license may be available immediately upon conviction of refusing a chemical test FOR THE FIRST REFUSAL OFFENCE ONLY.

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Louisiana SR22 insurance (High Risk Auto Insurance)

list of auto insurance companies we search to find you the best rate

Louisiana SR-22 auto insurance is usually required for a period of 3 years after a DUI - DWI - drunk driving - alcohol related driving conviction and can be very expensive if you go with the wrong provider. Some insurance companies will not even do an SR22 insurance filing. Get a FREE DUI DWI auto insurance quote and compare rates to find the best deal, simply enter your ZIP code above and you can be comparing prices for Louisiana auto insurance in a matter of minutes.

Minimum liability insurance requirements for private passenger vehicles in the state of Louisiana

The minimum mandatory liability insurance coverage required in the state of Louisiana for private passenger vehicles is (15/30/25). This equates to the following liability coverage:

• $15,000 bodily injury liability (BIL) per person
• $30,000 for two or more people in one accident
• $25,000 property damage liability (PDL) coverage

What is (BIL) Bodily Injury Liability insurance?

(BIL) Bodily Injury Liability insurance coverage will pay for serious and permanent injury or death to other people when a crash is caused by the insured. An auto insurance company will pay for injuries up to the limits specified in an insurance policy and will provide legal representation for the insured in the event someone tries to sue them.

What is (PDL) Property Damage Liability insurance?

(PDL) Property Damage Liability insurance coverage pays for damages an insured driver or members of an insured drivers family cause (and are liable for) to other people's property in a crash involving a motor vehicle.

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FREE DUI / DWI Case evaluation & by local Louisiana Lawyer

OR

Protect your rights! Talk to a local DUI lawyer Louisiana DUI cases tend to move quickly through the system, and there may be important deadlines that affect your right to assert certain defenses or call witnesses. It’s important that you understand the process your Louisiana drunk driving case will follow and the important requirements and deadlines before you take any action—but you can’t afford to delay. Talk to a local Louisiana Drunk Driving Attorney as soon as possible to gather important information such as: • What penalties do you face if convicted of DUI in Louisiana? • What are the indirect penalties, such as increased insurance rates and diminished job opportunities in Louisiana? • Does Louisiana have a mandatory ignition interlock device law? • Was your breathalyzer or blood alcohol content (BAC) test properly administered in accordance with Louisiana laws and procedures ? • When and how can you get your driver’s license reinstated in Louisiana? It’s easy to make mistakes under pressure, so make sure that you have the information you need to make good, educated decisions during this process. Contact a local Louisiana criminal defense attorney specializing in Louisiana drunk driving laws today.

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Disclaimer: While every effort is made to keep all information up to date, the Louisiana drunk driving laws change frequently and the information provided on this web site should not be construed as legal advice, nor is it necessarily complete. Drinkdriving.org shall not be held responsible for any actions a person may take as a result of information gathered from this web site. Consultation with a local Louisiana DUI lawyer is recommended in all cases.

Useful Louisiana DUI DWI Links:

DUI DWI - Drunk Driving Laws in Louisiana

Louisiana Drivers Manual

Louisiana SR22 Insurance Requirement

Louisiana Office of Motor Vehicles

Louisiana Department of Transportation

Louisiana State Courts (Judicial Branch)

Louisiana Department of Insurance

Louisiana DUI Lawyers

Louisiana DUI discussion forum

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