If you’re one of thousands of Louisiana residents charged with DWI, you know it’s no Mardi Gras celebration. The effects are long-lasting. DWI convictions carry consequences of higher insurance rates, steep fines, job loss, community service, probation, vehicle impoundment, license suspension, and jail time. DWI is a serious crime and the charges are not a joke.
What is DWI in Louisiana?
You are DWI if your Blood Alcohol Content (BAC) .08 or higher. For drivers under 21 the DWI level of BAC is .02. Blood alcohol levels higher than .15 may bring about enhanced charges.
How is BAC determined?
Law enforcement utilizes a variety of Field Sobriety Tests (FST) and chemical testing to calculate suspect’s BAC. There are numerous FST. The 3 most common and effective are Horizontal Gaze Nystagmus (HGN), stand on one leg, and walk and turn. Relying on physical behavior that can be affected by conditions other than intoxication, these tests can be defended successfully in a variety of ways.
The other form of determining BAC is from physiological analysis of blood, breath, or urine. Relying on science, these chemical tests are more accurate than FST, but are still open to much criticism.
What Happens if I Refuse Testing?
In Louisiana, refusing chemical testing will result in a 6 months license suspension and up to 545 days for repeat refusals. First-time offenders also may face between 10 days to 6 months in jail. You can also expect to pay fines and fees costing from $300 to $1,000.
More Louisiana DWI Laws You Need to Know
Following your DWI arrest, you only have 15 days to request a hearing from the Department of Public Safety and Corrections, or your license will be suspended automatically. If your BAC falls between .05 and .08 percent, you are not presumed to be under alcohol impairment. Only when your BAC reaches over .08 percent can you be considered DWI.
Hiring the Right Lawyer for You
Louisiana is filled with dedicated, smart lawyers. However, it may not be to your best advantage to see a lawyer who handles more divorce cases than DWI cases! It would be the equivalent of seeing an eye doctor when you need a cardiologist. To ensure your rights are being protected, find a lawyer who specializes in DWI laws. This is an ever-changing and complex field!