Persons arrested for DWI in Louisiana have only 15 days to request a hearing from the Department of Public Safety and Corrections, or else their license will be suspended. Louisiana DWI laws do provide for a “safe harbor” for certain blood alcohol levels. For example, if you are arrested for drunk driving and your blood alcohol level is below a .05, it will be presumed that you are not driving under the influence of alcohol. It’s important to contact the attorney right away to protect your rights.
Louisiana drunk driving laws allow for prosecution for DWI of persons who are either under the influence of alcohol and/or drugs, or who are driving with a blood alcohol content of .08% or more. DWI / DUI arrests are generally misdemeanors but may be considered a felony DWI where there are two drunk driving prior convictions within 10 years.
WARNING: Persons arrested for DWI in Louisiana have only 15 DAYS to request a hearing from the Department of Public Safety and Corrections, or else their license will be suspended, PERIOD. For more information about how to avoid a MANDATORY LICENSE SUSPENSION, contact a qualified Louisiana DWI defense attorney for a FREE consultation at once.
Louisiana DWI laws do provide for a “safe harbor” for certain blood alcohol levels: where a person is arrested for drunk driving and gives a test that is below .05%, the person is presumed not to be driving under the influence of alcohol. If the test results are between .05% and .08%, there is no presumption regarding alcohol impairment. However, where the blood alcohol content is .08% or greater, there is a presumption that the driver is impaired.
These drunk driving laws are only for drivers age 21 and older. For those under 21 who are accused of drunk driving, the alcohol intoxication legal limit is .02%.
Drunk driving law in Louisiana requires someone arrested for DWI or DUI to submit to a test of their blood, breath, or urine if requested by a peace officer. Refusal to take the chemical test following a drinking and driving arrest shall be admissible in court as consciousness of guilt and carries with it additional driver’s license consequences and penalties. If you have refused to submit to a chemical test, your license may be suspended for a period of six months for a first refusal, or for 545 days if you have previously refused to submit to such a test. If you have an unlawful BAC, your driving privilege will also be suspended for six months for a first offense DWI, and one year for a second offense DWI.
The consequences of a Louisiana DWI conviction are quite severe. A drunk driving arrest can also result in the loss of driving privileges by the Louisiana Department of Public Safety and Corrections.