First Offense at Louisiana DWI Penalties

A driver is charged with a DWI in Lousiana when his or her blood alcohol concentration (BAC) exceeds .08 percent grams of alcohol per one hundred cubic centimeters of blood or if the driver is under the influence of any amount of a Schedule I, II, III, IV, or V controlled substance. The BAC limit drops to .04 percent for drivers of a commercial vehicle and .02 percent for drivers under the age of 21.

DWI is treated as a misdemeanor in Louisiana until the third offense, at which point it becomes a felony. The “look back” period for previous charges is 10 years. Penalties include mandatory jail time for all charges as well as fines, license suspension and possible mandatory treatment.

Louisiana DWI Penalties for a First Offense

A first conviction results in a jail sentence of two days to six months. There is also a fine of $300 to $1,000 and a license suspension of 90 days. If the driver is under the age of 21, the license suspension increases to six months. An ignition interlock device is not installed with a first offense, but the driver may be sentenced to complete a mandatory substance abuse training course. Penalties may be increased at the discretion of a judge if the driver’s BAC is greater than .15 percent.

Louisiana DWI Penalties for a Second Offense

The second offense must have been within 10 years of the first for penalties to be increased. If this is the case, the jail sentence ranges from 30 days to six months, and the potential fine ranges from $300 to $1,000. The driver’s license will be suspended for one year, but the driver can petition the court for a restricted license during this time that mandates the use of an ignition interlock device on all vehicles. Driving school is mandatory. A defendant may also be sentenced to up to 240 hours of community service and a mandatory treatment program.

Louisiana DWI Penalties for a Third Offense

A DWI charge becomes a felony with two prior convictions within a period of 10 years. The jail sentence ranges from one to five years, though the court has the ability to suspend all but six months. A defendant may also be able to spend a portion of the sentence in home confinement. There is a fine of up to $2,000 and the driver’s license may be suspended for up to two years. The driver may also be sentenced to mandatory treatment and community service.

Louisiana DWI Penalties for a Fourth Offense

Penalties become very harsh upon a fourth conviction within a period of 10 years. The potential jail sentence ranges from 75 days up to 30 years. Some portion of a sentence may be served under home confinement. The fine is $5,000 and the driver’s license is suspended for two years. At this level, the state will also seize and sell the vehicle used in the DWI at auction. At least 40 days of community service will be ordered as well as six weeks of inpatient alcohol or substance abuse treatment.

What Is The Legal Alcohol Limit In Louisiana?

Louisiana’s legal alcohol limit is .08 percent, the blood alcohol concentration (BAC) that applies throughout the United States. A lower limit of .04 percent applies to commercial drivers, and people not of legal drinking age are subject to a strict BAC level of .02 percent.

Alcohol-related driving offenses typically result in driving while intoxicated (DWI) charges. A specific offense for those under 21 – underage driving under the influence (UDUI) – is also designated in state law.

The charge most commonly faced by Louisianans is a standard DWI. Potential penalties for this offense include:

  • A first conviction typically results in between ten days and six months in jail, a fine of $300 to $1,000 and a license suspension of one year.
  • A second conviction may result in a jail sentence of between 30 days and six months, a fine of $750 to $1,000 and a driver’s license suspension of two years.
  • A third conviction can require between one and five years in jail, a fine of $2,000 and loss of driving privileges for three years.

If there are aggravated circumstances related to a case, a court may settle on punishments that are even more severe.

Ignition Interlock Requirements In Louisiana

People convicted of alcohol-related offenses in Louisiana typically must install an ignition interlock device (IID) on a vehicle in order to have driving privileges reinstated.

An ignition interlock device:

  • Measures a person’s BAC in a breath test, disallowing a vehicle from starting in the event of a failed test
  • Can take BAC readings that ultimately lead to additional penalties for an individual
  • Has costs that must be covered by individuals convicted on DUI charges

Getting an IID installed can allow people to avoid a long-term license suspension. It’s critical, though, to understand all of the conditions that apply to these devices.

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