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Louisiana DUI Laws Penalties And Fines
Louisiana Driving Under the Influence (DUI) Laws
Definition of Intoxication:
Under Louisiana drunk driving laws, Louisiana Driving While Intoxicated (DWI) may be proved two different ways:
1. With evidence that you were driving impaired under the influence of alcohol, legal drugs, or controlled substances; or
2. With evidence that you drove with a BAC of 0.08 or greater (or 0.04, for CDL drivers). Louisiana drivers under age 21 are DUI if they have ANY detectable BAC (the “Zero Tolerance” law), but courts use 0.02 BAC as the legal standard.
If tests show that your BAC within two hours of driving was less than 0.05, Louisiana law presumes that you were not driving under the influence.
If your BAC is between 0.051 and 0.079, you are not presumed to be under the influence, but additional evidence of intoxication can be used to prove that you were driving under the influence at this BAC level.
When Can I Drive, if I’ve Been Drinking?
If you’ve been drinking, the best way to avoid DWI in Louisiana is to have someone else drive.
If you must drive, authorities recommend you wait at least one hour for every beer or average drink you’ve had.
In addition to time, many other factors affect how the body metabolizes alcohol, like weight, gender, body fat, and recent eating, among others.
Even if your BAC is below 0.08, you can still be DUI, if a jury believes a police officer’s testimony about evidence of your intoxication.
Louisiana Drunk Driving Laws
Summary of Illegal BAC Levels in California:
•Adult Driver - DUI with BAC of 0.08 or higher
•Commercial Vehicle Driver - DUI with a BAC of 0.04 or higher.
•Under 21 Driver – DUI with BAC of 0.02 or higher.
Consequences of DUI Conviction in Louisiana.
A drunk driving conviction in Louisiana has serious consequences, which become even more severe with repeat offenses and certain aggravating factors, like a BAC greater than 0.15 or driving with minor passengers.
A DUI conviction in Louisiana remains on your record for five (5) years, for purposes of calculating repeat offense levels.
All drivers convicted of felony DUI in Louisiana must be placed on home incarceration, when they are not imprisoned.
Louisiana DUI defendants may also be required to serve all or part of their sentences in a residential substance abuse treatment program.
The arresting officer confiscates a Louisiana DUI arrestee’s driver’s license immediately, at the time of arrest.
Depending on your level of offense and whether you refused a BAC test, you may be able to apply for a hardship license for business or employment purposes when 30 days have elapsed from the date when your driver’s license suspension began.
In some cases, installation of an ignition interlock device (a device that takes a breath sample from you and prevents your car from starting if you have any BAC) may allow you to apply for a hardship license sooner.
Because hardship license rules vary by Louisiana parish, you should check with your local office of the Louisiana Department of Public Safety, to determine eligibility.
