DUI & DWI in Louisiana

If convicted of a DUI/ DWI the ramifications include: Heavy Fines, Points on your drivers license, and a License Suspension or Revocation, and higher Insurance Premiums! Points are assessed based on the severity of the offense and the number of convictions. All this information can be found on our website. You could also contact an STA Advisor absolutely FREE!!!

If you are over 21 years old:

If DUI/DWI leads to the death of another individual it will lead to imprisonment for up to 20 years, and loss of driver’s license and citizenship privileges. The Louisiana Class D & E Drivers Guide, “Driving Offenses,” thoroughly covers the severe penalties of DWI. We have provided an outline below:

• Is treated as a criminal record.
• Driving privileges suspended for 90 days.
• Up to 6 months in jail.
• Fined up to $1,000 in addition to court costs.
• You may be eligible to drive using the Hardship License after the 30 days of suspension, and then become eligible to reinstate your license, if you meet the reinstatement requirements.

(within 5 years)

• Is treated as a criminal record.
• Your license will be revoked for one year.
• Mandatory 48 hours in jail.
• Up to 6 months of additional jail time.
• Fined up to $1,000 in addition to court costs.
• You may be eligible to drive using the Restricted License with an ignition interlock device if your BAC is under 0.02%.

• Is treated as a Felony.
• Your license will be revoked for 2 years.
• Imprisonment for 1 to 5 years (30 days mandatory).
• Fined up to $2,000, in addition to court costs.
• Your vehicle may be seized and then sold.
• 6 weeks in an inpatient substance abuse program, plus 12 months in an outpatient substance abuse program and home incarceration for remainder of the sentence.
• You may be eligible to drive using the Restricted License with an ignition interlock device if your BAC is under 0.02%.

• Is treated as a Felony.
• Your license will be revoked for 30 years.
• Imprisonment for up to 30 years (30 days mandatory).
• Possible home confinement for 5 years.
• Fined up to $5,500 in addition to court costs.
• Your vehicle may be seized and then sold.
• 6 weeks in an inpatient substance abuse program, plus 12 months in an outpatient substance abuse program.
• Your judge may even require you to enroll in a driver improvement program or work on community service projects. You must pay for all costs associated with these requirements.

• Your license may be suspended or revoked for 180 days after the 1st conviction.
• Your license may be suspended or revoked for 365 days after the 2nd and subsequent conviction.
• Apart from these actions, penalties mentioned above for drivers over 21, may also apply to minors if they are convicted of DUI/DWI.

• You will be barred from driving a commercial vehicle for 1 year, if you are convicted for your BAC being higher than 0.04%. The arresting officer will also issue you an “out-of-service” order valid for 24 hours if any alcohol amount under 0.04% is detected.
• You will be barred from driving a commercial vehicle for at least 3 years, if you are convicted for your BAC being higher than 0.04% while transporting hazardous materials.
• You will be barred from driving a commercial vehicle for life if you are convicted for any of these offenses for the 2nd time.
• Apart from these actions, penalties mentioned above for drivers over 21, may also apply to commercial drivers for their first and second offenses of DUI/DWI. The other penalties do not apply since they are barred after the second offense.

Louisiana laws have administrative implications in addition to the criminal laws against DUI/DWI. An officer may arrest a driver if:

• The driver is age 21 and over and is driving with BAC 0.08% or more.
• The driver is under age 21 and is driving with BAC 0.02% or more.

Under this law, if you are arrested for DUI/DWI, the arresting officer will confiscate your Louisiana driver license and issue a temporary 30-day driving permit, complete a notice of license suspension/revocation based on the nature of the offense along with a warrant, if applicable; and send the entire set to the Office of Motor Vehicles. The driver can schedule an administrative hearing within 15 days of the notice of suspension/revocation. It is a good idea to consult a DUI/DWI lawyer beforehand. If the hearing goes against the driver, his license will be suspended or revoked based on his previous 5-year driving record. If he has any alcohol related convictions or suspensions for this 5-year period, his license will be revoked for 365 days, and if not, then it will be suspended for 90 days. You may be eligible to drive using the Hardship License after the 30 days of suspension, and then become eligible to reinstate your license, if you meet the reinstatement requirements. The suspension or revocation begins 30 days after the final order of the hearing officer is mailed from the Office of Motor Vehicles.

If you are convicted of DUI/DWI, it will result in your license being suspended or revoked. This means that your driving privileges will be taken away and you will need to apply for a reinstatement of your license with the Office of Motor Vehicles, once the period of suspension or revocation is over. Reinstating a license after a suspension of 1 year, or revocation will also mean taking the driving tests all over again. These will include the vision test, knowledge test and the road test. If you do not complete the reinstatement requirements, the license will remain suspended or revoked.

• To complete the reinstatement requirements, you must prove that you have successfully completed the state approved substance abuse program or a comparable program (the agency will send the proof to the Office of Motor Vehicles once you have completed the program), pay the reinstatement fee, and maintain proof of financial responsibility for 2 years from the date of suspension/revocation by filing SR-22, if you are over 21 years old. SR-22 is not required for minors when they are suspended for their first offense under the zero tolerance law.
• If you are being convicted for a 2nd time, it is mandatory for the court to order an ignition interlock device to be placed for breathalyzer tests on any vehicle you drive.
• You can submit the reinstatement application and fees at a Motor Vehicle Reinstatement Office near you. It is also possible to pay the reinstatement fee by debit or credit card by calling (877) 368-5463 (select option 1).

You can also send the reinstatement package by mail to:

Office of Motor Vehicles

1. O. Box 64886

Baton Rouge, LA 70896