Best Drunk Driving Lawyers in Louisiana

About Drunk Driving Law in Louisiana, United States

Drunk driving, also known as Driving While Intoxicated (DWI) or Driving Under the Influence (DUI), is taken very seriously in Louisiana. The state employs strict laws to deter impaired driving and safeguard public safety. Operating a vehicle while under the influence of alcohol or drugs is illegal and can result in significant legal penalties, criminal charges, and long-term consequences for offenders. Understanding the basics of Louisiana’s DWI laws is crucial if you face charges or want to avoid legal trouble.

Why You May Need a Lawyer

Being charged with drunk driving in Louisiana is a serious legal matter, even for first-time offenders. A conviction can lead to fines, license suspension, jail time, and a criminal record. You may require a lawyer if:

• You have been stopped by law enforcement and charged with DWI/DUI.
• Your breathalyzer or blood test result is above the legal limit.
• You refused a chemical test at the scene.
• You have prior DWI or DUI convictions.
• Your case involves aggravating factors such as an accident, injury, or having a minor passenger.
• You need help navigating license suspension or seeking a hardship license.

A lawyer can help you understand your rights, develop a defense strategy, negotiate with prosecutors, and represent you in court or administrative hearings.

Local Laws Overview

Louisiana’s drunk driving laws include several key provisions:

• Legal Blood Alcohol Concentration (BAC) Limits: The legal BAC limit is 0.08 percent for drivers age 21 and older. Commercial drivers have a lower limit of 0.04 percent, and drivers under 21 are subject to a 0.02 percent limit.
• Implied Consent Law: By operating a vehicle in Louisiana, you consent to chemical tests for alcohol or drugs. Refusing a test can result in immediate license suspension and additional penalties.
• Penalties: Even a first-time DWI can lead to fines, jail time, community service, probation, license suspension, and mandatory participation in substance abuse programs. Penalties increase with subsequent offenses or aggravating circumstances.
• Administrative Consequences: In addition to criminal charges, Louisiana DMV (Department of Motor Vehicles) may suspend your license separately, regardless of the court outcome.
• Special Provisions: Aggravated DWI applies if a BAC is 0.15 percent or higher, if there is an accident with injury, or if there is a child passenger.

Frequently Asked Questions

What is the difference between DWI and DUI in Louisiana?

Louisiana law primarily uses the term DWI (Driving While Intoxicated) to refer to drunk driving offenses. DUI (Driving Under the Influence) is used less frequently but generally refers to the same conduct.

What happens if I refuse a breathalyzer or chemical test?

If you refuse a chemical test, your license can be suspended immediately under the implied consent law, even if you are not convicted in court. The length of suspension increases with each refusal.

Can I get my license back after a DWI arrest?

After a DWI arrest, you may request an administrative hearing to contest the license suspension. In some cases, you may be eligible for a hardship license to drive to work or school.

What are the penalties for a first-time DWI?

Penalties may include fines, jail time (or community service), probation, mandatory substance abuse programs, and license suspension. The precise penalties can vary depending on BAC, presence of minors, and other factors.

Will a DWI show up on my criminal record?

Yes, a DWI conviction will appear on your criminal record. This can affect employment, insurance rates, and other aspects of your life.

How long does a DWI stay on my record in Louisiana?

A DWI typically stays on your criminal record for 10 years. During this period, subsequent offenses count as repeat offenses with increased penalties.

Can a DWI be expunged in Louisiana?

In some cases, you may be eligible to have a first-time DWI offense expunged (removed) from your record after you meet certain requirements and wait periods, but eligibility depends on case details.

What is an ignition interlock device and when is it required?

An ignition interlock device is a breathalyzer installed in your vehicle that prevents it from starting if alcohol is detected. Louisiana courts can require installation after a DWI conviction, especially for repeat offenders or high BAC.

Do I need a lawyer for a first-time DWI?

While you are not required to have a lawyer, it is highly recommended. A lawyer can help protect your rights, explain possible defenses, and work towards reducing penalties or seeking alternative solutions.

What should I do if I am pulled over for suspected drunk driving?

Stay calm and respectful. Provide your driver’s license, registration, and insurance. You have the right to remain silent and to contact an attorney. Cooperate with lawful requests, but you may politely refuse to answer questions beyond identification until you consult a lawyer.

Additional Resources

The following resources may provide further information or assistance:

• Louisiana Department of Public Safety and Corrections - Office of Motor Vehicles
• Louisiana State Police - Impaired Driving Unit
• Louisiana Bar Association - Lawyer Referral Services
• Local legal aid clinics and non-profit organizations focusing on criminal defense
• Mothers Against Drunk Driving (MADD) Louisiana Chapter

Next Steps

If you are facing a drunk driving charge in Louisiana, take the following steps:

• Do not delay seeking legal advice. Contact an attorney experienced in DWI/DUI defense as soon as possible.
• Gather all documents related to your arrest and charges, including police reports and court notices.
• Attend all court dates and administrative hearings as required.
• Follow your lawyer’s instructions and discuss your options, including plea agreements, trial, and license reinstatement.
• If eligible, consult your attorney about expungement or record sealing to lessen long-term effects.

Prompt action and qualified legal guidance can help minimize the impact of a drunk driving charge on your future.