Louisiana DUI Penalties

Under Louisiana drunk driving law, an individual can be prosecuted for a DUI if they are either driving under the influence of alcohol and/or drugs, or are driving with a blood alcohol content (BAC) of .08 percent or more.

The first ideal is based off of the offender’s overall physical and mental impairment (due to alcohol and or drugs) and can be determined by their results from field sobriety tests, their driving patterns, and so on. However, the second concept, which is based off of the state’s “per se” law, is solely based on the offenders overall body chemistry, therefore making it unimportant if they were actually impaired or not at the time of arrest.

Generally, a DUI charge is considered to be a misdemeanor, but it may be considered a felony if the offender had two or more prior drunk driving convictions within ten years.

Louisiana DUI law also provides “safe harbor” for individuals with certain blood alcohol levels. For instance, if an individual is arrested for DWI and their BAC is below .08 percent, that person is then presumed to not be driving drunk.

First Offense

The penalties for a first time DUI conviction in the state of Louisiana may be: A fine of $300 up to $1,000, a jail sentence of 10 days up to 6 months, and the completion of 32 hours of community service. However, the defendant may be faced with other penalties, ranging from a mandatory substance abuse evaluation or even the suspension of their license for 90 days.

Second Offense

The penalties for a second DUI conviction may be, a fine of $2,000, a jail sentence of 1 to 5 years, the completion of 240 hours of community service, a substance abuse evaluation and the suspension of the offender’s driving privileges for 1 year.

Third Offense

Being that a third DUI offense in the state of Louisiana is considered a felony, the penalties can be fairly severe and may consist of: a fine of $5,000, a jail sentence of 10 to 30 years, a mandatory seizure and sale of the offender’s vehicle, and their license being suspended for 2 years.

The penalties for a DUI in Louisiana may appear to be harsh, but a Louisiana DUI Lawyer can assist a defendant tremendously. It is recommended, if you are arrested and charged for a DUI in the state of Louisiana, that you contact a DUI defense lawyer immediately.