Best DUI & DWI Lawyers in Louisiana

About DUI & DWI Law in Louisiana, United States

Driving under the influence (DUI) and driving while intoxicated (DWI) are serious offenses in Louisiana. These laws are designed to protect public safety by penalizing individuals who operate vehicles while impaired by alcohol or drugs. Louisiana uses the term DWI for legal proceedings, but DUI and DWI are often used interchangeably. Getting charged with a DUI or DWI in Louisiana can lead to severe legal, financial, and personal consequences, making it important to understand your rights and responsibilities.

Why You May Need a Lawyer

A DUI or DWI charge in Louisiana can be complicated, and the stakes are high. You may benefit from legal assistance if:

• You were arrested or cited for DWI or DUI
• You face a driver's license suspension or revocation
• This is your second or subsequent DUI or DWI offense
• You refused a breathalyzer or chemical test
• Your DUI or DWI involved an accident, injury, or property damage
• You have questions about the validity of your arrest or sobriety testing
• You are concerned about long-term impacts such as employment, insurance, or a criminal record

Legal representation can help you navigate the process, protect your rights, challenge evidence, and seek the best possible outcome.

Local Laws Overview

Louisiana has specific laws governing DUI and DWI. Here are the key aspects you should know:

• The legal blood alcohol concentration (BAC) limit is 0.08 percent for drivers aged 21 and over. For commercial drivers, it is 0.04 percent. For drivers under 21, it is 0.02 percent.
• First-time offenders may face fines, jail time, license suspension, community service, and mandatory participation in substance abuse programs.
• Louisiana has an implied consent law, meaning you automatically consent to breath, blood, or urine testing by driving on public roads. Refusal can result in automatic license suspension and increased penalties.
• Repeat offenses carry enhanced penalties, including longer jail time, higher fines, longer license suspensions, and a higher likelihood of mandatory ignition interlock devices.
• Aggravated DWI applies if your BAC is 0.15 percent or higher, or if there is a minor in the vehicle, which can result in more severe penalties.
• Some parishes or cities may have additional requirements or diversion programs for offenders.

Frequently Asked Questions

What is considered a DWI in Louisiana?

A DWI in Louisiana is defined as operating a vehicle while your ability is impaired by alcohol, controlled substances, or prescription medication, or with a BAC at or above the legal limit.

Is DUI the same as DWI in Louisiana?

Legally, Louisiana uses the term DWI for adult driving offenses involving alcohol or drugs, but many people refer to both DUI and DWI interchangeably.

What happens if I refuse a breathalyzer or chemical test?

Refusing to take the test triggers automatic license suspension under Louisiana's implied consent laws and can be used as evidence in court.

Will I lose my driver’s license after a DWI arrest?

A DWI arrest generally results in an administrative suspension of your driver's license. You have a limited time to request a hearing to challenge this suspension.

What are the consequences of a first-offense DWI?

Penalties can include fines, up to six months in jail, a criminal record, license suspension, community service, and required substance abuse classes.

Can I get a DWI charge expunged from my record?

Some first-time DWI convictions may be eligible for expungement after meeting specific requirements and waiting periods, but not all cases qualify.

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

An ignition interlock is a breathalyzer device installed in your vehicle, requiring you to pass a breath test before starting the car. It may be mandated for certain offenders.

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

A DWI conviction can remain on your record for ten years for sentencing purposes and longer for other background checks.

Can I drive to work or school if my license is suspended?

You may be eligible for a hardship license, which allows limited driving privileges to work, school, or medical appointments.

Should I just plead guilty to a DWI?

It is not advisable to plead guilty without understanding your legal rights and options. An attorney can identify potential defenses or alternative outcomes that may benefit your case.

Additional Resources

• Louisiana Department of Public Safety & Corrections - Office of Motor Vehicles
• Louisiana State Police - Information on impaired driving laws and enforcement
• Louisiana Bar Association - Lawyer referral and legal information
• Substance abuse and treatment resources through the Louisiana Department of Health
• Local nonprofit organizations offering support for individuals and families impacted by DUI or DWI

Next Steps

If you are facing a DUI or DWI charge in Louisiana, take prompt action to protect yourself. Start by gathering all related documents, including your citation, arrest report, and any correspondence from the Department of Public Safety regarding your license. Write down your version of events while the details are fresh.

Consulting with an experienced DUI or DWI attorney is highly recommended. A lawyer can evaluate your case, explain your options, represent you in court and administrative hearings, and work toward the most favorable resolution.

Finally, adhere to all court dates and deadlines, especially when it comes to challenging your license suspension or responding to criminal charges. Taking early and informed steps can strongly influence the outcome of your case.