Louisiana law states that those driving while intoxicated are to be
convicted with misdemeanors. Driving under the influence of drugs or
alcohol also constitutes misdemeanor charges if the individuals have
blood alcohol content percentages over 0.08. Those who have two or more
prior DWI offenses will advance a misdemeanor charge to a felony if the
convictions take place within a ten-year time period.
Individuals with blood alcohol content percentages below 0.05 are not
considered to be driving under the influence unless endangering others.
DUI charges can be made through proof of impairment when a blood
alcohol content percentage lies between 0.05 and 0.08.
Louisiana states that the legal limit for adult DUI offenses is 0.08
percent, but minors with blood alcohol content limits of 0.02 percent
are to be charged with driving under the influence.
For an individual to be convicted of a DUI offense an attorney will
have to prove before the court that the individual was impaired while
driving. This can be proven through personal appearance, blood alcohol
content percentages, breath tests, field sobriety tests, and driving
patterns. However even if an individual has a blood alcohol content
percentage over the legal limit he or she may still have the charges
dismissed if the prosecuting attorney cannot prove that he or she was
too impaired to drive. Individuals may be convicted with DUI offenses
even if their blood alcohol content levels were not above the legal
limit but were too impaired to drive.
An individual also may be convicted of drunk driving through
Louisiana's per se statute. This law does not require the prosecuting
attorney to prove that the individual was impaired while driving,
instead the attorney will only need to prove that the individual had a
blood alcohol content of 0.08 percent or greater.
Drunk Driving Consequences
Upon a driving under the influence or driving while intoxicated
conviction an individual will most often have his or her license
suspended along with several thousands of dollars in fines and
incarceration between a few days and a few months, depending on the
number of prior offenses. Prior offenses will significantly increase
current convictions. A first-time driving while intoxicated offense may
be punished by a one hundred-dollar fine, community service, ninety
days of license suspension, and a substance abuse evaluation. Six
months of incarceration is also a possibility.
Blood alcohol content levels over 0.15 percent will increase
punishments severely and include a mandatory forty-eight hours in jail
before a conviction is made. A third DWI offense will change from a
misdemeanor offense to a felony offense or if any DWI offense involved
the death of another individual. Punishments can include up to thirty
years in prison and five thousand dollars in fines.
An individual may refuse to take a blood test, urine test, or breath
test but will consequently have his or her driver's license suspended
for a minimum of six months. The court sees a refusal to take a blood
alcohol content test as an admit of guilt. Refusing to take a blood
alcohol content test a second time will result in driver's license
suspension for a minimum of five hundred forty-five days.