Driving under influence (DUI) or driving while intoxicated/impaired (DWI) is an offence committed when a driver operates a vehicle after the consumption of alcohol or drugs or other intoxicants. Increased alcohol levels in the driver's blood lead to diminished mental and motor reactions which, in turn, reduce the driver's ability to control the vehicle. This significantly increases the risk of the driver committing errors of judgment and often results in accidents causing severe injuries and even death.

In Louisiana, as in the rest of the US, drunk driving is the single largest cause of motor vehicle related fatalities and accounts for an alarmingly high 40% to 50% of the total number of motor vehicle related deaths every year.

REGULATIONS FOR DUI/DWI IN LOUISIANA

In Louisiana, the Blood Alcohol Content (BAC) limit is set at 0.08% for drivers over 21 years of age and it is set at 0.02% for those under 21. For commercial drivers, the limit is set at 0.04%.

Having a Louisiana license automatically provides your consent to be tested if stopped by a law enforcement officer, while driving. This is the law of "implied consent" and can be used by the officer to test you if you are stopped on the suspicion of drunk driving, either through a breathalyser test or by an actual blood test to check the BAC. Refusing to take the chemical test will result in your license being revoked for 180 days for first offense, 545 days for second and subsequent offense. Your license will be suspended or revoked, if you convicted of DUI/DWI. The punishment will depend on the severity of the offense and the number of times you have been convicted for it.

ACTIONS AGAINST DUI/DWI FOR DRIVERS OVER 21:

If you are over 21 years old, and are caught with BAC higher than the set limit of 0.08%, you may be subjected to criminal actions in addition to administrative actions. If the DUI/DWI incident you are involved in is subjected to criminal action, it is recommended that you get in touch with a DUI/DWI lawyer as they are experts at handling such incidents and can offer you the best advice.

1. The first offense is treated as a criminal record and may result in imprisonment for up to 6 months and/or up to a $1000 fine and court costs. Also, if convicted for a first offense BAC or DWI (BAC over 0.08%) or for driving under the influence of drugs (DUID):
   • Your license will be suspended for 90 days.
   • You may be eligible to drive using the Hardship License after the 30 days of suspension, and then become eligible to reinstate your license, if you meet the reinstatement requirements.
2. The second offense or two offenses in five years is treated as a criminal record and may result in imprisonment for up to six months (48 hours mandatory) and/or up to a $1000 fine and court costs. Also, if convicted for the second offense of DWI, DUID or BAC:
   • Your license will be revoked for one year.
   • You may be eligible to drive using the Restricted License with an ignition interlock device if your BAC is under 0.02%.
3. The third offense or three offenses in ten years is treated as a Felony and may result in imprisonment for one to five years (30 days mandatory) and/or up to a $2000 fine and court costs. Also, if convicted for the third offense of DWI, DUID or BAC:
4. Your license will be revoked for a year.
5. You may have to undergo six weeks inpatient and outpatient substance abuse treatment for 12 months and home incarceration for remainder of sentence.
6. Your vehicle may be seized and then sold.
7. You may be eligible to drive using the Restricted License with an ignition interlock device if your BAC is under 0.02%.
8. The fourth offense is treated as a Felony and may result in imprisonment for up to 30 years (30 days mandatory) and/or up to a $5500 fine and court costs. Also, if convicted for the fourth offense of DWI, DUID or BAC:
9. Your license will be revoked for 30 years.
10. You may have to undergo six weeks inpatient and outpatient substance abuse treatment for 12 months and home incarceration for five years.

ACTIONS AGAINST DUI/DWI FOR DRIVERS UNDER 21

1. The license may be suspended or revoked for 180 days after the first conviction.
2. The license may be suspended or revoked for 365 days after the second and subsequent conviction.
3. Apart from these actions, penalties mentioned above for drivers over 21, may also apply to minors if they are convicted of DUI/DWI.

ACTIONS AGAINST DUI/DWI FOR COMMERCIAL VEHICLE DRIVERS

If you drive a commercial vehicle and hold a commercial driver license (CDL):

1. You will be barred from driving a commercial vehicle for a year, if you are convicted for your BAC being higher than 0.04%. You will also be issued an "out-of-service" order valid for 24 hours by the arresting officer if any alcohol amount under 0.04% is detected.
2. You will be barred from driving a commercial vehicle for at least three years, if you are convicted for your BAC being higher than 0.04% while transporting hazardous materials.
3. You will be barred from driving a commercial vehicle for life if you are convicted for any of these offenses for the second time.
4. Apart from these actions, penalties mentioned above for drivers over 21, may also apply to commercial drivers for their first and second offenses of DUI/DWI. The other penalties do not apply since they are barred after the second offense.

ADMINISTRATIVE ACTIONS AGAINST DUI/DWI:

Louisiana laws have administrative implications in addition to the criminal laws against DUI/DWI. An officer may arrest a driver if:

• He/she is aged 21 and above and is driving with BAC 0.08% or more.
• He/she is aged below 21 and is driving with BAC 0.02% or more.

Under this law, if you are arrested for DUI/DWI, the arresting officer will confiscate your Louisiana driver license and issue a temporary 30-day driving permit, complete a notice of license suspension/revocation based on the nature of the offense along with a warrant, if applicable; and send the entire set to the Office of Motor Vehicles. The driver can schedule an administrative hearing within 15 days of the notice of suspension/revocation. It is a good idea to consult a DUI/DWI lawyer beforehand. If the hearing goes against the driver, his license will be suspended or revoked based on his previous five-year driving record. If he has any alcohol related convictions or suspensions for this five-year period, his license will be revoked for 365 days, and if not, then it will be suspended for 90 days. You may be eligible to drive using the Hardship License after the 30 days of suspension, and then become eligible to reinstate your license, if you meet the reinstatement requirements. The suspension or revocation begins 30 days after the final order of the hearing officer is mailed from the Office of Motor Vehicles.

LICENSE REINSTATEMENT AFTER DUI/DWI SUSPENSION/REVOCATION:

If you are convicted of DUI/DWI, it will result in your license being suspended or revoked. This means that your driving privileges will be taken away and you will need to apply for a reinstatement of your license with the Office of Motor Vehicles, once the period of suspension or revocation is over. Reinstating a license after a suspension of a year, or revocation will also mean taking the driving tests all over again. These will include the vision test, knowledge test and the road test. If you do not complete the reinstatement requirements, the license will remain suspended or revoked.

1. To complete the reinstatement requirements, you must prove that you have successfully completed the state approved substance abuse program or a comparable program (the agency will send the proof to the Office of Motor Vehicles once you have completed the program), pay the reinstatement fee, and maintain proof of financial responsibility for two years from the date of suspension/revocation by filing SR-22, if you are over 21 years old. SR-22 is not required for minors when they are suspended for their first offense under the zero tolerance law.
2. If you are being convicted for a second time, it is mandatory for the court to order an ignition interlock device to be placed for breathalyser tests on any vehicle you drive.
3. You can submit the reinstatement application and fees at a Motor Vehicle Reinstatement Office near you. It is also possible to pay the reinstatement fee by debit or credit card by calling (877) 368-5463 (select option 1).

You can also send the reinstatement package by mail to:

Office of Motor Vehicles
P. O. Box 64886
Baton Rouge, LA 70896    

ADDITIONAL INFORMATION

• DUI/DWI has been a major cause of death and injury in our nation and it is our duty to prevent such needless pain and suffering. Simply: If you drink, DON'T DRIVE! If we all follow this rule to the letter - thousands of lives will be saved each year.
• If you have been charged with a DUI/DWI get help from a DUI/DWI Lawyer.
• See also Suspended License, Point System and Traffic Ticket Lawyers.
• Reinstatement fees can be paid by money order, cash, certified check or cashier's check. Personal checks are not accepted.
• You may also have to participate in driver improvement programs, community service work, and substance abuse treatment at your cost.
• If DUI/DWI leads to a crash and death of another individual it will lead to imprisonment for up to 20 years, loss of driver's license and citizenship privileges.