Drunk drivers face harsh penalties in Louisiana.
Louisiana has strict laws regarding driving while intoxicated. While knowing these laws is helpful if you ever find yourself facing DWI charges in Louisiana, your best course of action is not to drive while intoxicated in any state under any circumstances.
Implied Consent
Louisiana DWI laws assume "implied consent," meaning that the state presumes that all drivers will take a blood, breath or urine test if a law enforcement officer believes that they are driving while intoxicated. Under the implied-consent law a driver refusing any of these tests will automatically have her license suspended for 180 days. A second refusal results in a 545-day suspension.
Blood Alcohol Level
Louisiana considers that a person with a blood alcohol level of 0.08 or above is intoxicated. This standard applies to most drivers, but stricter limits apply to drivers under the age of 21 and drivers with a commercial license. The legal limit for those under 21 is 0.02 and for commercial drivers it's 0.04.
First and Second Offenders
For a first DWI offense in Louisiana the punishment is a fine of up to $1,000 and a possible jail term of up to six months and a license suspension of up to 90 days. For a second offense the guilty party faces at least 48 hours in jail and a possible sentence of up to six months in prison. A second offender may also receive a fine of up to $1,000 and a license suspension of up to one year. Both first-time and second-time offenders must pay for the cost of their legal proceedings.
Felony DWI
Third- and fourth-time DWI offenders are classified as felons under Louisiana law. A third-time offender will receive a mandatory 45 days in jail, in addition to a possible sentence of one to five years in prison. He will also face a fine of up to $2,000. A fourth-time offender faces a jail term of up to 30 years in prison, of which 75 days in jail is mandatory. He can also receive a fine of up to $2,000. Louisiana will revoke the licenses of both third- and fourth-time offenders for two years and may seize and sell their vehicles.
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