Louisiana driving under the influence regulations lets prosecutors pursue the charges of driving while intoxicated with people that are impaired by alcohol, or drugs (legal or otherwise), or those who have been caught driving a motor vehicle with a blood alcohol level of .08 percent or more.
Most Louisiana DWI Offenses Are Misdemeanors
Driving while intoxicated or driving under the influence charges are usually prosecuted as misdemeanors, however, they can be upgraded to felony driving while intoxicated when a person has over 2 driving under the influence convictions within 10 years of the new charge.
Caution And Warning
Be aware, people arrested for driving while intoxicated in the Bayou State are given two weeks and one day to ask for an administrative hearing from the Louisiana Department of Public Safety and Corrections (L.D.P.S.C.), or their driver’s license will be revoked within those 15 days. If you are charged with a driving under the influence offense you should get a hold of a skilled Louisiana driving while intoxicated defense lawyer to avoid this type of license suspension that some will succumb to by plain negligence or ignorance of the law.
Louisiana Safe Harbor Clause
Louisiana driving under the influence regulations also have a somewhat generous clause for lower levels of blood alcohol content. If someone is charged with driving while intoxicated and his or her blood alcohol reading is less than .05 percent, then the driver is not considered to be driving while intoxicated. If the blood alcohol level is over .05 percent but not high then .08 percent, there is also no consideration of alcohol impairment. But, when the alcohol level is over .08 percent, the driver is automatically considered impaired.
Juvenile Louisiana DWI
The above DWI provisions are just for those drivers that are 21 years of age or more. If an impaired driver is below 21 and charged with driving under the influence, the blood alcohol level limit is .02 percent.
Refusing Blood Alcohol Content Test In Louisiana
Louisiana driving while intoxicated laws make it mandatory that a suspected driver submits to a blood, urine, or breath test if asked by a policeman. Refusing to take the blood alcohol test after a driving under the influence arrest is considered admission of guilt in Louisiana courts, and exposes a driver to;
- automatic lose of drivers license,
- additional penalties,
- severe fines
The refusal to take the test may cause your license to be revoked for half a year the first time you refuse and for 18 months if you have refused before.
Additional Causes Of License Suspension
If you have a BAC that is over the limit, your driving license will also be revoked for 180 days for a first time charge of driving while intoxicated, and 365 days for the next offense driving while intoxicated.
So if you or someone you know has been charged with driving while intoxicated in Louisiana get legal representation immediately.
Originally posted 2016-12-11 14:57:04.