If you have been pulled over and charged with DWI in Baton Rouge, Louisiana, you should consider the following information. Please note that references to DWI (Driving While Intoxicated) and DUI (Driving Under the Influence) refer to the same kind of violation.
Avoiding a Suspension of your License
After the date of your arrest for DUI, you have only 15 days to request a hearing from the Department of Public Safety and Corrections to avoid a mandatory suspension of your driver’s license. Hearings involving traffic violations are not automatic, therefore you must request a hearing from the court in the city or parish where you were issued a citation.
This hearing is simply an administrative hearing in relation to retaining your license and driving privileges. Further from the date of your arrest, you will also be required to participate in a criminal court proceeding to address the penalties associated with DUI.
Breakdown of a DUI – Blood Alcohol Concentration
If you are pulled over by a police officer and agree to take a Breathalyzer or another chemical test to measure your blood alcohol concentration (BAC) (either at the site where you were pulled over or at a police station or hospital), you will be arrested if your BAC measures 0.08% or greater.
For a person under the age of 21, the legal BAC limit is 0.02% or higher.
If you are over 21 years of age and were operating a commercial vehicle at the time you were pulled over, the legal BAC limit is 0.04% or greater.
There are also enhanced penalties where the driver may be subjected to a wider range of penalties or be charged with more serious crimes, even if it is the driver’s first offense. In Louisiana, a driver will likely reach this more serious category of DWI if their BAC is 0.20% or higher.
DUI – Things to Consider
The laws of Louisiana state that driving with a BAC of 0.08% will result in a DWI arrest, regardless of the type of vehicle you were operating (e.g. car, truck, airplane or boat).
A driver can still be arrested for DWI without a BAC if , in the opinion of the police officer, a driver’s behavior indicates that he or she is under the influence, the ability to drive is impaired or he or she has failed any standard field sobriety tests, such as the walk-and-turn or one-leg stand tests.
In Louisiana, there are Implied Consent laws with which all drivers are expected to comply. The concept of implied consent establishes that if the state agrees to issue a person with a driver’s license to drive on public roads and highways, in return the driver agrees to submit to a chemical test of blood, breath or urine if a police officer has reasonable cause to believe the driver is under the influence of alcohol or drugs and therefore pulls them over.
If you refuse to submit to a chemical test, your driver’s license will likely be suspended for 1 year for the first refusal. If you refuse chemical testing in relation to your second offense, your driver’s license will likely be suspended for 2 years.
If you have been arrested for DWI more than once, the period of time in which a judge can review an offender’s record (the “look-back” period) is 10 years. The 10 year period includes the punishment time. If your previous DWI offense falls within that 10-year period, then you may be charged for a second or third offense (whatever is applicable). If your previous DWI occurred prior to that 10-year period, you may again be considered a first offender. For licensing actions the administrative “look-back” period is 5 years.
As a result of a DUI conviction, your insurance rates will likely increase, and it is possible that your insurance carrier may drop you. The rates for family members and your employer (if you drive as part of your job) can increase as well.
It is possible that you might be charged with felony DUI if you are involved in a crash involving serious injury or death or your 3rd DWI. Felony DWI can carry far greater penalties than those listed below.
It is within the discretion of the judge to order the installation of an ignition interlock device (IID) into a DUI offender’s vehicle. An IID is essentially a Breathalyzer type machine that is hooked up to your car’s ignition. If a driver breathes into the machine and registers a low-level BAC, then the IID will shut-off the vehicle’s ignition for what is called a “lock-out period”. The lock-out period for a vehicle typically gets longer with each failed test.
What Happens To DUI Offenders in Louisiana?
FIRST OFFENSE
- Driving privileges suspended for 90 days.*
- Sentenced to anywhere from 10 days to 6 months in jail.
- Must pay a fine up to $1000, plus other court-related costs.
- Possible installation of an IID into your vehicle.
Probation: For first offenders, the sentence handed down by the court can be suspended if the following conditions of probation are met:
(1) 2 days imprisonment or 4 eight-hour days of community service (litter abatement or collection), and
(2) participation in a court-approved substance abuse program and driver improvement program.
*License Suspension: If you are under the age of 21, your driving privileges may be suspended for 180 days.
Restricted or Hardship License: Once your driving privileges have been suspended by the court for the mandatory minimum of 90 days, you can apply for a “Restricted License” to be effective during the first 30 days of suspension.
Restricted Licenses will designate certain times and routes for which you will be permitted to drive. You will be issued a new driver’s license on which a large “R” will be displayed. Even if you refuse to submit to a chemical test (in your first offense), you may still apply for a hardship license to be effective after 90 days of your license suspension.
DWI offenders under the age of 21: If your BAC is found to be 0.20% or greater, you may be subject to the same penalties as persons over the age of 21 who commit the crime of DUI.
SECOND OFFENSE
- Driving privileges suspended for up to two years.
- Sentenced to a mandatory 48 hours in jail.
- Up to six months of additional jail time.
- Must pay a fine up to $1000, in addition to court costs.
- Certain installation of an IID into your vehicle.
- It is possible that the judge will require you to participate in a court-approved substance abuse program, driver improvement program and/or community service projects. All costs associated with these programs or activities will be your responsibility.
With a first or second conviction of DUI, you may have a criminal record.
THIRD OFFENSE
- Felony conviction and all the loss of liberty that comes along with this type of conviction.
- Driving privileges suspended for up to four years.
- Sentenced to a mandatory 30 days in jail.
- Up to 10 years in prison.
- Possible home confinement.
- Must pay a fine of up to $2,000, in addition to court costs.
- Certain installation of an IID into your vehicle.
FOURTH OFFENSE
- Driving privileges suspended for up to four years.
- Sentenced to a mandatory 30 days in jail.
- Up to 30 years in prison.
- Must pay a fine up to $5,000, in addition to court costs.
- Certain installation of an IID into your vehicle.
- Six weeks in an inpatient substance abuse program, plus 12 months in an outpatient substance abuse program.
If you experience a third and/or fourth DUI conviction, you will have a felony criminal record.
For more information and to learn how The Ambeau Law Firm can help you fight your DUI charges, call us today.
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