Louisiana’s strict DWI laws aim to reduce alcohol-related accidents by imposing harsh penalties on offenders. Keep reading to explore the specifics of Louisiana DWI laws and learn essential legal tips to help you avoid severe penalties. At The Johnson Firm, our experienced Lake Charles DWI attorneys are well-versed in navigating these complex laws to protect your rights.
Understanding Louisiana DWI laws
Louisiana DWI laws are particularly strict, and understanding these can help drivers recognize the severe consequences of driving under the influence. Under Louisiana Revised Statutes 14:98,The crime of operating a vehicle while impaired is the operating of any motor vehicle, aircraft, watercraft, vessel, or other means of conveyance when any of the following conditions exist:
- The operator is impaired by alcoholic beverages.
- The operator’s blood alcohol concentration is 0.08 percent or more by weight based on grams of alcohol per one hundred cubic centimeters of blood.
- The operator is impaired by any other drug, combination of drugs, or combination of alcohol and drugs.
a. The term “drug” means any substance or combination of substances that, when taken into the human body, can impair the ability of the person to operate a vehicle safely.
The blood alcohol concentration (BAC) limits are set at 0.08% for drivers over 21, 0.02% for drivers under 21, and 0.04% for commercial vehicle drivers.
Penalties for DWI in Louisiana
The penalties for DWI in Louisiana escalate with each subsequent offense, reflecting the state’s commitment to deter repeat offenses:
- First offense – A fine of $300 to $1,000, 10 days to 6 months in jail (which can sometimes be converted to probation), license suspension for up to 12 months, and mandatory participation in substance abuse and driver improvement programs.
- Second offense – A fine of $750 to $1,000, 30 days to 6 months in jail, license suspension for up to 2 years, and mandatory substance abuse and driver improvement programs.
- Third offense – This is a felony that can result in a $2,000 fine, 1 to 5 years in prison, license suspension for up to 3 years, and mandatory entry into substance abuse and driver improvement programs.
- Fourth offense – This is also a felony, punishable by a fine of up to $5,000, 10 to 30 years in prison, and permanent revocation of the driver’s license.
Legal tips for avoiding DWI penalties in Lake Charles
Given the severity of these penalties, it is crucial for drivers in Lake Charles to take proactive steps to avoid DWI charges:
- Plan ahead if drinking – Always plan your transportation ahead of time if you anticipate drinking. Use rideshare services, taxis, or designate a sober driver.
- Understand your limits – Familiarize yourself with how alcohol affects your body and what your limits are. Remember that factors like weight, metabolism, and recent food intake can influence how quickly your body absorbs alcohol.
- Be aware of medication interactions – Many medications can enhance the effects of alcohol or impair your driving ability on their own. Always check medication labels and speak to your doctor or pharmacist about how your medications might interact with alcohol.
- Know your rights – If you are stopped by police and suspected of DWI, remain polite and provide your identification, but be aware of your rights. You have the right to refuse field sobriety tests and any portable breath tests, which are not mandatory and can be unreliable. However, be aware that refusing a chemical test at the the Police Statition, such as a blood, breath, or urine test, can lead to automatic license suspension under Louisiana’s implied consent law.
- Seek legal assistance immediately – If you are arrested for DWI, contact a skilled DWI attorney as soon as possible. The Johnson Firm specializes in DWI defense and can help you navigate the legal system, potentially reducing your charges or penalties.
Arrested for DWI? We’re ready to fight for you.
The consequences of a DWI conviction in Louisiana can be severe and long-lasting, affecting not just your freedom but also your future employment opportunities, insurance rates, and driving privileges. Understanding Louisiana DWI laws and taking proactive steps to avoid driving while intoxicated are crucial.
If you find yourself facing DWI charges in Lake Charles, The Johnson Firm is equipped with the expertise to offer robust defense and guide you through the complexities of your case. Contact us today for a consultation and ensure that your rights are protected every step of the way.