If you are being charged with driving under the influence (DUI) in Louisiana, you can expect to face serious consequences if convicted. It is important to understand state DUI laws and how they pertain to the charges against you. Louisiana DUI laws and penalties are based on prior offenses and the severity of the crime committed. You can face a number of consequences depending on the details of the case.
It is highly recommended that you hire a DUI lawyer to help you build a solid defense and protect your freedom. With the help of an effective Louisiana DUI attorney, you can work toward a favorable outcome to your case.
Louisiana DUI Laws
In Louisiana, it is illegal to operate a motor vehicle while impaired by drugs or alcohol. Driving while impaired can lead to serious or even fatal injuries. Recent reports show that Louisiana has the seventh-highest rate of DUI fatalities in the United States and is ranked in the top 20 states for total DUI arrests per 100,000 people.
It is possible to face charges for DUI if you are caught operating a vehicle with a blood alcohol concentration (BAC) of 0.08 percent or higher, or if law enforcement has reason to believe you are impaired. Minors in Louisiana are governed by even stricter DUI laws. Underage drivers pulled over for suspected driving while intoxicated (DWI) or otherwise impaired can be arrested if their BAC is 0.02 percent or higher.
Technically, the legal term in the state is Operating a Vehicle While Impaired (OWI), as impairment could be due to illegal drugs crime, prescription drugs, alcohol, or a combination of substances.
Louisiana DUI Penalties
DUI is prosecuted harshly under Louisiana law. A charge carries strict penalties that can affect your life far into the future. It is important to understand your rights and legal options if you are facing a DUI charge.
In Louisiana, DUI penalties are based on prior offenses as well as any aggravating factors that affect the severity of the charge. Potential DUI penalties can include:
- Fines and legal fees
- Ignition interlock device (IID) installation
- License suspension or revocation
- Mandated community service
- Probation
- Substance abuse education programs
- Mandatory time in jail
Louisiana classifies DUI as a misdemeanor for the first and second offenses, depending on the specific details of the case. If there are aggravating factors present, such as a minor aged 12 or under in the vehicle or a blood alcohol content of 0.15 percent or higher, the sentence will include a mandatory jail sentence without alternative sentencing options. A DUI can be charged as a felony if the driver:
- Causes serious bodily injury to another party
- Commits vehicular homicide
- Has three or more DWIs on their record
Whether you are charged with a misdemeanor or a felony, you can expect to face serious consequences. It is crucial to hire a DUI lawyer to help you defend yourself and protect your future.
FAQs
Can I Have a DUI Conviction Expunged From My Record in Louisiana?
Yes, you may have a DUI conviction expunged from your record in Louisiana, depending on the details of your case. Under Louisiana law, you can typically have a first-offense misdemeanor DUI expunged as long as you meet all other expungement requirements.
For example, you typically must wait a certain period of time before filing the petition and complete the stipulations of your criminal sentence. You also cannot have any pending criminal charges or felony convictions during that waiting period.
Is It Possible to Avoid Jail Time for a DUI in Louisiana?
Yes, it is possible to avoid jail time for a DUI in Louisiana under certain circumstances. Even a first-time DUI conviction carries a mandatory minimum sentence. Recent legislation removed a judge’s ability to waive jail time even for first-time DUIs. However, it is possible to avoid serving time if your attorney builds a strong enough defense to have your charges dropped altogether.
How Long Is My Driver’s License Suspended After a DUI in Louisiana?
The length of time that your driver’s license is suspended after a DUI in Louisiana depends on the severity of the charges and your criminal history. You can face an administrative license suspension (ALS) and a criminal license suspension after a DUI arrest.
Upon your arrest, the officer is going to take your license and give you a temporary permit. You must schedule a hearing with your local OMV to handle an ALS. A criminal license suspension may come later.
Can I Refuse to Take a Breathalyzer Test During a DUI Arrest in Louisiana?
No, you cannot refuse to take a breathalyzer test during a DUI arrest in Louisiana without mandatory penalties. Under the implied consent law, all drivers automatically consent to chemical testing if law enforcement has probable cause. If you refuse, your license will be immediately suspended for up to one year.
Refusal of a breathalyzer can lead to immediate, harsh Drug penalties, and law enforcement will seek blood or urine tests anyway. Field sobriety tests, on the other hand, are completely voluntary.
Hire a DUI Lawyer in Louisiana to Help With Your Defense
Defending against a DUI charge is possible, especially with the right legal representation on your side. It is highly recommended that you hire a DUI lawyer who has experience navigating Louisiana DUI laws and defending against complex charges like yours. A skilled DUI attorney can help you avoid common mistakes throughout your case and work toward reduced or dropped charges whenever possible.
At McHale Law Firm, we are committed to protecting our clients’ rights and advocating for their freedoms in these tough situations. Michael McHale has been representing clients’ interests in and out of the courtroom since 1995, giving him over 30 years of experience navigating complex DUI cases throughout southwest Louisiana. He is well-versed in the tactics used by Louisiana prosecutors and can confidently handle pre-trial procedures and litigation alike.
If you are facing a DUI charge in Louisiana, reach out to an experienced DUI lawyer who will openly communicate with you every step of the way. Contact the office today to schedule a consultation, and you can discuss your case with our attorney.
