DUI & DWI in Louisiana
If you're wondering whether you should consult with a Louisiana DUI attorney, there is not doubt. Of course you should - you have nothing to lose and the consequences of conviction are fierce.
This article will help get you going in the right direction and show you how to easily and privately find a DUI defense lawyer.
- Louisiana DUI Laws
- Louisiana DUI Punishments
- Potential DUI Defenses
- Louisiana's Other Drunk Driving and Alcohol Laws
- How to Find a Louisiana DUI Attorney
When is a Driver Considered to be Legally Drunk in Louisiana?
The Louisiana Revised Statutes contain Louisiana's drunk driving laws.
These are the LA DUI BAC (blood alcohol content) laws:
- Age 21 or older non-commercial drivers= BAC (blood alcohol content) is .08 or higher = drunk driving.
- Commercial drivers= BAC is .04 or higher = drunk driving.(School bus drivers are commercial drivers in Louisiana.)
- Under age 21 drivers= BAC is .02 or higher = drunk driving.
What is Louisiana's Punishment for DUI Convictions?
- 1st Offense - jail time of 10 days to 6 months-fine of $300 to $1,000 - driver's license suspension for 90 days - ignition interlock - loss of commercial driver's license - enhanced penalties for BAC of .20 or more or if driving with a child under the age of 12.
- 2nd Offense within 10 years - jail time of 30days to 6 months-fines of $700 to $1,000-driver's license suspended for 1 year - loss of commercial driver's license - ignition interlock - enhanced penalties for BAC of .20 or more or if driving with a child under the age of 12.
- 3rd Offense within 10 years - jail time of 1 year to5 years (hard labor possible) - fines of $2,000 -driver's license revoked for 2 years-loss of commercial driver's license - ignition interlock - vehicle seized and sold enhanced penalties for BAC of .20 or more or if driving with a child under the age of 12.
Louisiana Drunk Driving Defenses
Of course, part of your DUI defense attorney's job is to identify and put forth your strongest defenses to get the drunk driving charges dismissed or minimized - or to get you the lowest penalty possible.
Potential defenses include:
- Improper roadblock.
- Lack of probably cause for the original traffic stop.
- Lack of proper procedure in explaining and/or administering the Breathalyzer.
- Lack of proper procedure in explaining and/or administering the BAC blood test.
- Clean driving record; no prior DUI convictions.
- No injuries, property damage, or child passengers.
- BAC only slightly higher than the legal limit.
- BAC wasn't illegal when actually driving.
Louisiana's Other Drunk Driving and Alcohol Laws
Louisiana's ANTI-Dram Shop Act
A Louisiana licensed drinking establishments CANNOT be held civilly liable for third party injuries caused by serving visibly intoxicated persons.
Louisiana's Providing Alcohol to Underage or Intoxicated Persons Law
A Louisiana licensed drinking establishment cannot serve alcohol to an underage person or a visibly intoxicated person. Penalties are 30 days to 6 months in jail, a fine of $100 to $500, and suspension or revocation of the liquor license.
How to Find a Louisiana DUI Attorney
If you're arrested for DUI in Louisiana, then you need a defense lawyer - To find and select a Louisiana DUI defense attorney, search our website, www.attorneys.org, or ask friends or the bar association for a referral.