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Louisiana DWI Laws & Penalties

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    Louisiana DWI Laws

    • Louisiana considers an adult driver guilty of DWI if the person has a blood/alcohol concentration of .08 percent or greater. If an adult has a blood alcohol concentration of .05 to .07, an officer may charge him with DWI if he believes the person used both alcohol and drugs. Louisiana considers a person under the age of 21 guilty of DWI if the youth has a blood/alcohol concentration of .02 percent or greater. Louisiana has an implied consent law that makes it a separate crime to refuse to undergo a chemical alcohol test if a person is stopped for suspicion of DWI.

    First Offense

    • A first DWI conviction in Louisiana carries a maximum of six months in jail. If a serious injury occurred as a result of the DWI driver's actions, the driver may face additional charges, and if a death resulted, the driver could face up to 20 years in prison. A first DWI conviction carries a possible six-month license suspension. A first DWI conviction has a maximum of $1,000 in fines, in addition to assigned court costs and fees determined by the judge.

    Subsequent Offenses

    • Potential jail also increases to a maximum of 30 years in prison for a fourth DWI conviction in the state of Louisiana. After the second DWI conviction, each additional conviction carries a maximum of two years loss of driving privileges. Fines increase with the number of prior DWI convictions, to a maximum of $5,000 for a fourth DWI.

      For subsequent offenses a judge may require participation in an alcohol treatment program including six weeks of residential treatment and one year of aftercare, may require house arrest up to five years, and may forfeit the vehicle used in the offense.

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