A DWI is a crime should be taken seriously not only because it has
implications regarding your driver’s license and may cause suspension to
privileges, but it also puts yourself and others at risk for
injury...or death. Think next time before you decide to operate a
vehicle while under the influence of alcohol or drugs.
By
Richard Brooks
By
Richard Brooks
Understanding DWI
DWI, or driving while intoxicated, is sometimes referred to as a DUI or
OUI. This is a misdemeanor that carries a maximum penalty of six months
in jail and a fine up to $1,000.00.
The Legal Limit
In Louisiana, it is illegal to operate a motor vehicle, aircraft, or
watercraft, while impaired. If an individual is operating a vehicle,
their blood alcohol content (BAC) should be less than .08%. A person
must also not drive while under the influence of any controlled
substance.
First Offense: 10 days to 6 months in jail; $300 to $1,000 fine; Possible Ignition Interlock Device (IID) during probation.
Second Offense: 30 days to 6 months in jail; $750 to $1,000 fine; IID at least 6 months and during probation.
Third Offense: Considered a felony; 1 to 5 years in jail; $2,000 fine, IID during probation and treatment.
License Suspension
After conviction, an individual’s license will be suspended; however,
one will be allowed to operate a vehicle while on probation if an
ignition interlock device is placed in the vehicle. Other necessities
may also be required by the DMV before an individual is able to drive.
Breathalyzer
If a police officer has reasonable belief an individual is operating a
vehicle while impaired by drugs or alcohol, a breath test can be
authorized. Yes, you can refuse a breath test; however, refusal of the
breath test may lead to a more extensive driver’s license suspension.
Underage DWI
If an individual under the age of 21 years old is operating a vehicle
with a BAC of .02% to .08%, they are subject to Louisiana’s underage DWI
penalties.
Controlled Substance DWI
Driving while under the influence does not just pertain to alcohol, but also to controlled substances. Read more about Louisiana’s Laws and Penalties here: https://dui.drivinglaws.org/la.php.
In the event you are suspected of driving while under the influence,
remember your Miranda Rights. You have the right to remain silent, and
you will not be able to talk your way out of the arrest.
