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Louisiana DUI Laws and Penalties

What does DUI or DWI mean?

DUI stands for Driving Under the Influence and DWI stands for Driving While Intoxicated. Either is given to any person operating a vehicle with a motor under the influence of alcohol OR drugs and is affected to the extent that the person's judgment or normal abilities are impaired. Yep… you can get a DUI on a scooter, a boat, or motorized skateboard. 

How does someone know if I am driving under the influence?

As a person drinks or takes drugs, the body metabolizes the substance and circulates it throughout the blood stream. Because chemicals in your blood are transferred out of your system through your lungs, the amount of alcohol in your blood can be measured through your breath. Blood alcohol concentration or BAC can be measured by using a simple tool called a breathalyzer.  

I can chew gum or mints and beat the breathalyzer, right?

Wrong! Mints and gum only mask the smell of alcohol. The breathalyzer measures the alcohol content in the air coming out of your lungs. What it smells like doesn’t change anything. 

Is there a legal limit for DUI?

Although driving under the influence drugs or alcohol is never the good choice, legally there is a limit a person must reach in order to receive a DUI. In Louisiana, any driver with a blood-alcohol concentration (BAC) above .08 percent is considered intoxicated (drunk) under the law. In Louisiana, this evidence is all that is necessary for someone to be convicted of Driving Under the Influence (DUI) or Driving While Intoxicated (DWI). 

What happens if I get pulled over for DUI?

Any person raising suspicion of driving under the influence of alcohol or drugs is subject to be pulled over and given a field sobriety test by an authorized police officer which may or may not include a physical agility test or breathalyzer. 

Can I refuse the test?

Louisiana Laws require drivers suspected of driving under the influence to agree to breath, blood, or urine testing for alcohol content. These are known as "implied consent laws." Anyone who refuses the testing faces immediate and harsher penalties that may include suspension of a driving license for up to a year.

Below are the minimum mandatory penalties on drivers with a blood-alcohol concentration above .08 percent or on drivers refusing to submit to breath, blood, or urine testing for blood-alcohol content.

First conviction DUI

  • A fine of $300-$1000
  • Imprisonment for 10 days to 6 months  
  • Probation with a minimum condition of two days in jail and a court-approved substance abuse program and participate in a court-approved driver improvement program
  • May be ordered to perform a variety of community service projects

Second Conviction DUI

  • A fine of $750-$1000
  • Imprisonment for 30 days to 6 months
  • 48 mandatory days of jail time without parole or suspension of sentence
  • May be ordered to perform a variety of community service projects
  • Probation includes 15 day jail stay and substance abuse training 

Third Conviction DUI

  • A fine of $2000
  • Imprisonment for 1-5 years
  • 30 eight-hour days of community service
  • Psychological evaluation
  • Must participate in a court appointed treatment program

Drunk Driving Vehicular Homicide

  • Not less than 5 years or more than 30 years in prison
  • A fine of not less than $2,000 or more than $15,000