Drunk Driving Consequences

Think Before You Drink and Drive!

Louisiana DUI & Drunk Driving Laws

If you are pulled over for driving while intoxicated, (sometimes reffered to as a Louisiana DUI charge) in the state of Louisiana your blood alcohol content (BAC) will be tested. The legal limit in the state is .08%. If your BAC tests at .08% or higher, you will be arrested for a DWI offense. Louisiana has safe harbor law that states that a person whose BAC is less than .05% is not guilty of DWI. Tests that come back between .05% and .08% are treated as a possible impairment. In these cases, if your driving appeared to be impaired, you could be arrested for DWI.

DWI Arrests in Louisiana

If you are arrested for a DWI in Louisiana, you will face a criminal court case. You will also be able to have a hearing in the Department of Public Safety and Corrections. At this hearing you will be able to argue for the right to keep your license. However, you only have 15 days after your arrest to request this hearing. Working with a qualified lawyer will ensure that you make the request correctly and are able to keep your license for as long as possible. If you do not make the request correctly, your license will automatically be suspended.

After your arrest you may be asked to submit to a BAC test. If you refuse to take the test, your refusal could be used against you in the criminal courts. This means that you will face stricter consequences. It is best to talk to your lawyer before deciding whether or not to take the BAC test.

Consequences for First Time Offenders

If you are arrested for your first Louisiana DWI offense, you can expect to face the following consequences:

• Jail time between 10 days and 6 months
• Between $300 and $1000 in fees
• Payment to Victim's Restitution Fund
• Possible probation
• Alcohol treatment program

The mandatory minimums for your offense can be reduced or even waived if you agree to participate in an alcohol abuse and driver training program and perform community service. However, this option will likely be waived if you refuse to take the chemical test. Subsequent offenses carry tougher penalties.

License Suspensions for Louisiana DWI

While the court-imposed penalties will cost you time and money, your administrative hearing will determine how long you will be without the right to drive. The length of your license suspension will be determined based on how many previous DWI convictions you have on your record. Typical suspension times are as follows:

• First offenders - 90 days
• Second offenders - 1 year
• Third and fourth offenders - 2 years

You may be eligible for a hardship license after serving a portion of your suspension time. This license will allow you to drive to and from work, school, and alcohol treatment programs. Prior convictions stay on your Louisiana driving record for 10 years.

Insurance Consequences

When you are done serving your license suspension time for your Louisiana DWI conviction, you will have to prove that you have insurance before you will be given your license back. However, this could be a problem, because insurance companies often refuse to provide coverage to drivers with drunk driving convictions. If your insurance company does not drop your coverage, it will increase your rates and possibly the rates for the others on your policy as well. If you are dropped, finding a new policy may be difficult and will definitely be expensive.