Per Louisiana DWI law it is against the law for any person to operate or be in physical control of a motor vehicle with a blood alcohol concentration of .08% or greater. It is not necessary for you to show signs of impairment, just the fact that your BAC is .08% or greater is a violation of Louisiana’s ‘Per Se’ law.
Even if your blood alcohol concentration was below the legal limit of .08% you may still be arrested for driving while intoxicated based on your ability to operate a motor vehicle safely while being impaired due to the consumption of alcohol or drugs.
The officer will use a number of factors to determine if you are under the influence including observing your driving behavior before the stop, your behavior during the stop, your ability to answer the officer’s questions, how you performed during the field sobriety tests (if you submitted to them), your preliminary BAC reading and various other factors.
If the officer determines that you are indeed under the influence of alcohol or drugs you will be arrested for a Louisiana DWI offense. Upon being arrested the officer will confiscate your Louisiana driver’s license and issue you a temporary driving permit that is good for 30 days. The officer will then forward your driver’s license along with the evidence he or she has collected against you to the Louisiana Department of Motor Vehicles.
You only have 15 days from the date of your arrest in which to request an administrative hearing with the Louisiana DMV if you want to avoid having your license suspended or retain some privileges.
Restricted Louisiana Requirements
If your license is suspended you may be eligible for a restricted Louisiana driver’s license. A restricted license will allow you to drive under certain conditions and restrictions such as only to and from work or school, court ordered alcohol treatment classes or other specified purposes.In order to be able to obtain a restricted license you must meet certain conditions including:
- Pay a $125 license reinstatement fee.
- Serve any mandatory jail time, if applicable.
- Complete any court ordered alcohol treatment classes or other requirements specified by the court.
- Submit proof of financial responsibility in the form of a Louisiana SR-22 insurance filing with the Louisiana
Louisiana First Offense DWI Penalties
Most First Offense DWI’s in Louisiana are considered misdemeanors and carry the following penalties:
- Up to 6 months in jail or a minimum of 48 hours.
- Fines up to $1,000.
- Mandatory enrollment in an alcohol and substance abuse program.
- License suspension for up to 1 year.
- Installation of an ignition interlock device on your vehicle if your BAC was .15% or greater.
- Community service.
If you are charged with a Louisiana DWI it is important do research on what you might be facing so that you are prepared and not taken by surprise.
Louisiana Second Offense DWI Penalties
Most Second Offense DWI’s in Louisiana are considered more seriously than first offenses and they carry more severe penalties. The minimum sentence for a Louisiana Second Offense DWI is:
- Up to 6 months in jail or a minimum of 30 days.
- Fines up to $1,000.
- Mandatory enrollment in an alcohol and substance abuse program (if it was not part of the first sentence).
- License suspension for up to 2 years.
- Installation of an ignition interlock device on your vehicle. Community service.
Louisiana Third Offense DWI Penalties
In Louisiana, a Third Offense DWI is considered a felony and carries the following penalties:
- Up to 5 years in jail or a minimum of 1 year.
- Fines up to $2,000.
- Mandatory enrollment in an alcohol and substance abuse program (if it was not part of the first two sentences).
- License suspension for up to 3 years.
- Installation of an ignition interlock device on your vehicle.
- Community service.
It is important to note that if your Third Offense DWI involved an accident then you may be charged with Vehicular Homicide, which can carry a sentence of 10-30 years in prison.
If you are charged with a Louisiana DWI it is important to contact an experienced Louisiana DWI attorney as soon as possible who can help you navigate the often complex and confusing legal system. An experienced Louisiana DWI lawyer will be able to explain your rights, answer any questions you may have, and fight for the best possible outcome in your case.
It is important to remember that even though facing a Louisiana DWI can be intimidating and overwhelming, it does not mean that you are guilty or that you have to accept the penalties the court imposes. You have the right to contest your charge and with an experienced lawyer by your side, you will have a greater chance of avoiding the suspension of your driving privileges.
Louisiana DUI Under 21 Years of Age
In Louisiana, if you are convicted of DUI and you are under the age of 21, then the penalties can be quite severe. A first-time offense for an underage DUI carries up to 6 months in jail or a minimum of 48 hours. Fines can go as high as $1,000 and license suspension for up to 1 year. You may also be required to perform community service.
The penalties for an underage DWI become even more severe with subsequent convictions, so it is important that those facing charges seek experienced legal representation as soon as possible in order to obtain the best possible outcome in their case.
It is also important to remember that Louisiana has a Zero Tolerance Policy when it comes to underage drinking and driving. If you are under the age of 21, then you can be charged with a DWI even if you have no alcohol in your system. Therefore, it is important to always make sure that you are following the rules of the road and that you are not driving while under the influence of drugs or alcohol.
Louisiana Ignition Interlock Device Requirements
If you are convicted of a Louisiana DWI offense, it is likely that the court will order you to install an ignition interlock device in your car. This device works by requiring the driver to blow into a breathalyzer in order for the ignition to be activated. It is important to note that if you are found driving without this device, you will be in violation of your court order and could face additional legal penalties.
In some cases, the judge may also order an installation of an ignition interlock device even if it is not your first offense. Therefore, it is important to contact an experienced Louisiana DUI attorney.
Does Louisiana Require DUI Classes?
Yes, Louisiana requires DUI classes for all persons convicted of a DUI offense. The length and cost of the class will depend upon your particular case but typically you will be required to attend at least 12 hours of alcohol education courses or substance abuse counseling. You may also be ordered to comply with any other conditions that the court deems necessary such as community service, probation or regular drug testing.
It is important to note that if you fail to comply with any of the court-ordered conditions, then you could face additional legal penalties. Therefore, it is important to follow all court instructions and attend your DUI classes in order to avoid any further issues.
Yes, Louisiana allows online DWI classes. It is important to be aware that some courts may not accept online courses, so you should check with the court to make sure they will accept an online class. Additionally, each court has specific requirements for the number of hours and type of course you must complete in order to fulfill your DWI sentence. It is important to double check with the court before you enroll in any online courses.
Overall, Louisiana DWI classes are an important part of the sentencing process and can help to reduce the penalties you face. An experienced lawyer can help you understand your rights and options when facing a DUI charge in Louisiana.
Can Louisiana DUI Classes be Online?
Louisiana SR22 Requirements
If you are convicted of a Louisiana DWI, you may be required to file an SR22 as proof of financial responsibility in order to have your driver’s license reinstated. An SR22 is a form that must be filed with the Louisiana Department of Motor Vehicles and that must remain in effect for three years from the date of conviction. During this time, you must maintain continuous coverage of your automobile insurance policy.
Failure to comply with this requirement will result in the suspension of your driver’s license and other legal penalties. An experienced Louisiana DUI lawyer can help you understand the laws regarding SR22 requirements and can provide advice on how to meet these requirements.
It is important to remember that Louisiana DWI laws are very serious and if you have been charged with a DWI, it is important to contact an experienced attorney that can help guide you through the legal process. With their help, you will be able to understand your rights and options in order to make the best possible decision for your case.
The Louisiana Department of Motor Vehicles also provides important information on their
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