LOUISIANA DWI LAW

Blood Alcohol Content (BAC) for Driving While Intoxicated (DWI) in Louisiana:

• Standard BAC: .08% or above
• Zero Tolerance BAC: .02% or above
• Professional Drivers: .04% or above
• High BAC: .15% or above

Implied Consent and Chemical Test Refusal: All drivers in Louisiana implicitly agree to consent to a chemical test to determine their BAC. A police officer may choose to test your BAC by performing a breathalyzer, urine, or blood test. If you do not allow the officer to perform a chemical test, your driver’s license will be suspended for 180 days. If you refuse a second time, your license will be suspended for 545 days.

Serious consequences can result from a DWI arrest. If you or someone you know has been arrested and charged with DWI, you should consult a Louisiana DWI attorney who focuses on DWI law in the county where you were charged.

DWI Arrest - Civil Case

Potential Penalties:

• License Suspension:
  • First DWI Conviction: 90 days. You are also required to attend Driver Improvement School.
  • Second DWI Conviction: 1 year.
• Monetary Fines:
  • First DWI Conviction: $300 - $1,000.
  • Second DWI Conviction: $750 - $1,000.
• Community Service: You must perform 32 hours of community service after you have been convicted of your first DWI. If it is your second DWI, you must complete 240 hours of public service.
• Probation: Yes.
• Motor Vehicle Impound: Your car may be impounded once you have committed your third DWI offense.
• Ignition Interlock: If you are granted a restricted license, you must have a functioning ignition interlock device installed in your vehicle for at least 1 year following your conviction. After your second offense, the court may order you to have an ignition interlock device for 3 or 4 years.
• Prison Time:
  • First DWI: Up to 6 months. If your BAC was over .15%, you must spend a minimum of 48 hours in jail.
  • Second DWI: Mandatory jail time of 48 hours. Maximum jail time up to 6 months.

DWI Arrest - Criminal Charges

If you are criminally charged for DWI, you will have to defend yourself in a court of law. It is important to have a Louisiana criminal lawyer represent you in court.

• Potential Criminal Charges: You can be charged with a criminal misdemeanor for your first and second DWIs. Your third and subsequent offenses will be classified as felonies.

Reinstating Your License After DWI Conviction: Once you are eligible to have your license reinstated you should visit your local Motor Vehicle Reinstatement Office to begin the process. You will have to pay a fee of between $50 and $300, and your insurance company must file an SR-22 form as proof of your financial responsibility with the Louisiana Office of Motor Vehicles (OMV).

Effect of DWI on Car Insurance: As a result of your DWI, your insurance carrier may drop your coverage, or at a minimum your insurance premiums will increase. In order to restore your driving privileges, however, you must have insurance. Your insurance company must file an SR-22 Proof of Insurance form with the Louisiana OMV.

Effect of DWI on Driving Record: A Louisiana DWI will remain on your driving record for 10 years.

Under 21 and DWI: In Louisiana, if a person under age 21 is driving and has a BAC of .02% or more, he will be sentenced to Driver Improvement School and may be fined between $100 and $250. The underage driver will also have his or her license suspended for 180 days. If you are underage you should speak with a Louisiana DWI attorney regarding the circumstances of your drunk driving.

Louisiana Resources

Louisiana Motor Vehicle Reinstatement Offices

Louisiana Office of Motor Vehicles