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Louisiana State Laws on DWI

    Implied Consent

    • Louisiana DWI laws assume "implied consent," meaning that the state presumes that all drivers will take a blood, breath or urine test if a law enforcement officer believes that they are driving while intoxicated. Under the implied-consent law a driver refusing any of these tests will automatically have her license suspended for 180 days. A second refusal results in a 545-day suspension.

    Blood Alcohol Level

    • Louisiana considers that a person with a blood alcohol level of 0.08 or above is intoxicated. This standard applies to most drivers, but stricter limits apply to drivers under the age of 21 and drivers with a commercial license. The legal limit for those under 21 is 0.02 and for commercial drivers it's 0.04.

    First and Second Offenders

    • For a first DWI offense in Louisiana the punishment is a fine of up to $1,000 and a possible jail term of up to six months and a license suspension of up to 90 days. For a second offense the guilty party faces at least 48 hours in jail and a possible sentence of up to six months in prison. A second offender may also receive a fine of up to $1,000 and a license suspension of up to one year. Both first-time and second-time offenders must pay for the cost of their legal proceedings.

    Felony DWI

    • Third- and fourth-time DWI offenders are classified as felons under Louisiana law. A third-time offender will receive a mandatory 45 days in jail, in addition to a possible sentence of one to five years in prison. He will also face a fine of up to $2,000. A fourth-time offender faces a jail term of up to 30 years in prison, of which 75 days in jail is mandatory. He can also receive a fine of up to $2,000. Louisiana will revoke the licenses of both third- and fourth-time offenders for two years and may seize and sell their vehicles.



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