Louisiana DWI laws are best described as driving or operating a motor vehicle with a blood alcohol content of .08% or higher, and/or driving while intoxicated. The first charge is commonly referred to as the 'per se' law meaning no evidence of impairment is necessary. Just having a blood alcohol concentration of .08% or greater is enough for conviction.
From the date of your citation, you have only fifteen days to request your Department of Public Safety and Corrections hearing. If you do not request this hearing, you will lose your license. This is why it is so important for you to contact a lawyer as soon as you are arrested.
Louisiana DWI Punishments
If you are facing a first time
Louisiana DWI charge, you will face jail time, fines, probation, and license suspension. You can expect to spend between ten days and six months in jail. If your blood had a.15 or higher alcohol content, then the first two days of your jail time will begin immediately upon arrest, and will not be subject to bail or parole.
Probation of your sentence is only an option after you have spent two days in jail, or performed four complete days of community service. Also, in order to receive probation, you must have attended both a substance abuse program that was approved by the court and a driver education program.
You will also pay between $300 and $1000 in fees for your crime. You will have to pay $75 to the Victim’s Restitution fund and $50 to the court to cover jail time and probation costs. Your license will be revoked for 90 days. You cannot get a temporary hardship license until you have gone without your license for at least 30 days. To get your license reinstated after this time you will pay $50.
Here is a summary of the punishments you face for a Louisiana DWI case.
Louisiana DWI Penalties
LA First Offense Punishments
Driver improvement class
Jail time of 10 days to 6 months
Fines between $300 and $1000
Drivers license suspension for 90 days
LA Second Offense Punishments
Jail time of 30 days to 6 months
Possible community service hours depending on judge
Up to $1000 in fines
Drivers license suspension for 1 year
LA Third Offense Punishments
Jail time of 6 months to 5 years
Up to $2000 in fines
Community service hours
Mandatory Alcohol Evaluation and Treatment
Drivers license suspension for 2 years
Louisiana Hardship Drivers License Details
After the first thirty days of license suspension under your Louisiana DWI, you can apply for a hardship license. This license lists specific roads that you are allowed to drive on. These are generally the roads you need to take in order to go to and from work or school. If you are found driving on another road(s), you will lose all driving privileges for six months.
Remember that any time you are given a citation, including your
Louisiana DWI citation; you'll likely face a rise in your insurance
premiums due to being required to carry a high risk auto
insurance policy. The Louisiana DMV will mandate proof of financial responsibility in the form of
SR-22 insurance. SR22 insurance policy is a rider to a high-risk auto insurance policy. It is a guarantee, by the insurance company, that the driver has and will keep in effect at least the very basic mandatory liability insurance for a specific period of time.
