If you choose to drink and drive or drive under the influence of any drugs in Louisiana, you need to be prepared for some strict consequences. A blood alcohol concentration of .08 or higher will be the measurement that officers will use to determine whether you will be arrested or not, but commercial drivers and minors have an even lower BAC minimum. Their DWI law is not just about alcohol, however. If you are suspected of driving under the influence of drugs, you will be tested and can be arrested as well.
First DWI Offense
When you are convicted of DWI/DUI the first time, you will lose your license for up to 90 days if you are over the age of 21, but if you are a minor, you will lose it up to 6 months. As far as jail time, you will serve a minimum of 2 days in jail and may spend up to 6 months in jail, depending upon the aggravating factors. Fines will be up to $1000, but this will not include the associated court fees, treatment fees, and other fees that are associated with the carrying out of your sentence.
Second DWI Offense
A second DWI conviction within five years of the first will mean that you are facing even more punishment. As far as you losing your license, you will lose it for up to one year, but you may be allowed to get a restricted license after 30 days, if you have an ignition interlock device installed on your car. While this is an extra cost, it can allow you to at least go to work without having to depend upon someone taking you. As far as jail time, you will be facing a minimum of 2 days in jail and can be sentenced to up to 6 months. Fees will be up to $1000 and this can be significantly increased with the court fees and other sentencing fees added in. In addition, to get your license reinstated, you will have to serve at least 240 hours of community service and will have to undergo drug/alcohol assessment evaluation, which will be an additional cost to you.
Third DWI Offense
A third DWI is a felony charge and you will be looking at some really severe penalties that will affect your freedom and your finances significantly. Your license will be revoked for two years and you will have to spend at least 45 days in jail. Your sentencing can be as long as 1 to 5 years, which will severely restrict your freedom. Fines can be up to $2000 and this will not include court fees and any other fees that are associated with you meeting your sentencing requirements. Your car may be seized by the state and sold as well. Community service will be required and you will have to undergo 6 weeks of inpatient and 12 months of outpatient substance abuse treatment.
Fourth DWI Offense
A felony criminal charge will be on your record when you are convicted of a fourth DWI conviction. If you choose to continue driving under the influence of alcohol or drugs to this point, you will be facing license suspension of up to 2 years and your car can be seized as well. Jail sentencing will be at least 75 days and you can spend up to 30 years in prison, depending upon the aggravating factors. Fines can be up to $5000 and this will not include mandatory alcohol/drug treatment, court fees, and other fees that are associated with your sentencing. Once you do get out of jail, you will have to do community service and complete treatment before you can get your license reinstated.
A DWI in Louisiana will mean that your freedoms are severely restricted. By getting a lawyer, you will be able to make it through the process, but you will still be facing some strict penalties. The best answer is to not drink or take drugs when you are going to drive.