Louisiana DWI DUI LAWS

Overview of the penalties upon conviction of DUI in Louisiana

Louisiana DUI Laws, BAC limits, fines, jail times, IID requirements, suspension/revocation periods and SR22 insurance requirements for first time and repeat offenders with multiple DUI's.

If you've been charged with DUI in Louisiana, the law allows only 15 days for a Louisiana DUI Lawyer to make a request with the Louisiana Department of Public Safety for a hearing to help save your drivers license.

What are the penalties for DUI in Louisiana?

The penalties for driving under the influence in Louisiana will depend upon the exact circumstances of each particular case and the number of previous offenses (if any) a person has.

LA DUI Penalties

Louisiana is a state with a 5 year 'washout period' also known as a 'look back period'

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

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

1st DUI DWI Offense / Conviction - Misdemeanor

The penalty upon conviction of a first DUI offense in Louisiana:

• Fines: $300 to $1,000 fine ($750 to $1,000 if BAC 0.20 or more)
• Jail: 10 days to 6 months in jail
• Drivers License Suspension: 12 months 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
• LA SR22 Insurance (proof of financial responsibility) Requirement

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2nd DUI DWI Offense / Conviction - Misdemeanor

The penalty upon conviction of a second DUI offense in Louisiana:

• Fines: 750 to $1,000
• Jail: 30 days to 6 months in jail
• Drivers License Suspension: 24 months 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
• LA SR22 Insurance (proof of financial responsibility) Requirement

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3rd DUI DWI Offense / Conviction - Felony

The penalty upon conviction of a third DUI offense in Louisiana:

• Fines: $,2000 fine
• Jail: 1 to 5 years in jail
• Drivers License Suspension: 36 months 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
• LA SR22 Insurance (proof of financial responsibility) Requirement

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Implied Consent (Chemical Testing) 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.

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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

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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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What is the legal alcohol limit in Louisiana

The maximum legal BAC (blood alcohol content) limits in Louisiana for driving are as follows:

ADULT DRIVERS - BAC LIMIT = 0.08%
In the State of Louisiana it is an offense for adult drivers to drive any regular motor vehicle with 0.08% or more, by weight, of alcohol in his/her blood.

DRIVERS UNDER 21 - BAC LIMIT = 0.02%
In the State of Louisiana it is an offense for drivers under the age of 21 (minors) to drive any motor vehicle with 0.02% or more, by weight, of alcohol in his/her blood.

COMMERCIAL DRIVERS - BAC LIMIT = 0.04%
In the State of Louisiana it is an offense for drivers who drive commercial vehicles to drive any commercial motor vehicle with 0.04% or more, by weight, of alcohol in his/her blood.