DUI & DWI in Louisiana

In 2009, according to the National Highway Traffic Safety Administration (NHTSA), 10, 839 people died in an alcohol-related motor vehicle accidents with drivers who had a blood alcohol level of .08 or above.

That's Driving While Intoxicated (DWI). It's a serious, and often fatal, crime.

Blood Alcohol Concentration

Blood alcohol concentration (BAC) is the measure of the concentration of alcohol in your blood conveyed as weight per unit of volume. However, BAC doesn't necessarily have to be checked with a blood sample. Breath checks are usually just as effective.

In Louisiana, drivers under the age of 21 found to have a BAC of at least .02 will be charged with DWI. Drivers over the age of 21 found to have a BAC of at least .08 will be charged with DWI.

If a driver's BAC is between .05 and .07, law enforcement can still charge him or her with DWI if they suspect alcohol has been combined with other drugs.

For more information about BAC levels, check out this law firm's Alcohol Impairment Charts for men and women.

Penalties

If fatality statistics aren't enough to grab your attention, remember that any drunk driver who causes an accident that kills another person faces up to 20 years in prison.

Not only is it a serious and potentially fatal crime, but DWI is also a costly crime.

In addition to court costs and attorney fees, you'll be losing money due to possible imprisonment. You'll also risk losing your driving privileges, making it hard to get to work.

Chapter Eight of the Louisiana Class D & E Drivers Guide, "Driving Offenses," thoroughly covers the severe penalties of DWI. We've provided an outline of each DWI conviction and its maximum penalties below.

First Offense

• Driving privileges suspended for up to 90 days.

• Up to six months in jail.

• Fined up to $1,000, in addition to court costs.

Second Offense

• Driving privileges suspended for up to one year.

• Mandatory 48 hours in jail.

• Up to six months of additional jail time.

• Fined up to $1,000, in addition to court costs.

Third Offense

• Driving privileges suspended for up to two years.

• Mandatory 30 days in jail.

• Up to 5 years in prison.

• Possible home confinement.

• Fined up to $2,000, in addition to court costs.

• Possible loss of vehicle.

• Six weeks in an inpatient substance abuse program, plus 12 months in an outpatient substance abuse program.

Fourth Offense

• Driving privileges suspended for up to two years.

• Mandatory 30 days in jail.

• Up to 30 years in prison.

• Possible home confinement for 5 years.

• Fined up to $5,000, in addition to court costs.

• Possible loss of vehicle.

• Six weeks in an inpatient substance abuse program, plus 12 months in an outpatient substance abuse program.

First and second convictions of DWI earn you a criminal record. Third and fourth convictions land you a felony criminal record.

Your judge may even require you to enroll in a driver improvement program or work on community service projects. You must pay for all costs associated with these requirements.

You can't drive, you're broke, you're in jail, and you may have killed someone. That good time doesn't quite seem worth it now, does it?

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