Louisiana Laws  Pertaining To Operating a Vehicle Under the Influence

(Formerly Driving While Intoxicated - DWI)

DWI  - The operation of any motor vehicle, aircraft, vessel or other means of conveyance by the operator when he/she:

1) is under the influence of alcoholic beverages; or

2) has a blood alcohol concentration of .10% or greater (.02% or greater for anyone under twenty- one); or

3) is under the influence of narcotic drugs, central nervous system stimulants, hallucinogenic drugs or barbiturates (schedules I, II, III, IV, & V);

4) is under the influence of alcoholic beverages and has fled the scene of the accident;

5) is under the influence of a combination of alcohol and one or more drugs, prescription or over the counter, that contain a label warning the user not to combine it with alcohol;

6) is under the influence of one or more legal drugs and has knowingly consumed quantities that substantially exceed the prescribed or recommended dosage.

A. CRIMINAL PENALTY AS A RESULT OF CONVICTION (R.S. 14:98)
 

1. First Offense - Fine, $300-$1000; Prison, 10 days to 6 months.

Sentence can be suspended only if the following conditions of probation are met:

• Two days imprisonment or 4 eight-hour days of community service.

• Participation in a court-approved substance abuse program (with screening to assess applicable and appropriate portions of the program) and driver improvement program.

• Additional mandatory penalty: 90 day driver's license suspension. (R.S. 32:414)

• If the offender had a blood alcohol concentration of 0.15% or higher, at least 48 hours of the sentence imposed shall be served without benefit of parole, probation or suspension of sentence.

2. Second Offense - Fine, $750-$1,000; Prison, 30 days to 6 months, 48 hours must be served without benefit of suspension, probation, or parole.

Sentence can be suspended only if the following conditions of probation are met:

• 15 days imprisonment or 30 eight-hour days of community service.

• Participation in a court-approved substance abuse program (with screening to assess applicable and appropriate portions of the program) and driver improvement program.

• If the offender had a blood alcohol concentration of 0.15% or higher, at least 4 days of the sentence imposed shall be served without benefit of parole, probation, or suspension of sentence.

• Additional mandatory penalty: 12 months driver's license suspension. (R.S. 32:414)

• Any vehicle operated by the offender must be equipped with a functioning ignition interlock device for at least 6 months and during any time that his driver's license is suspended.

3. Third Offense - Fine, $2,000; Prison, 1 year to 5 years. Thirty days of the sentence of imprisonment shall be imposed without benefit of probation, parole, or suspension of sentence. The remainder of the sentence of imprisonment shall be suspended and the offender shall be required to participate in an inpatient substance abuse program for 4 to 6 weeks, as advised by a treatment professional. Additional out-patient substance abuse treatment may be ordered if advised by the treatment professional not to exceed 12 months. Upon successful completion of the inpatient substance abuse treatment, the offender shall be sentenced to home incarceration for the remaining suspended sentence.

If the offender fails to complete substance abuse treatment successfully or violates any condition of home incarceration, he shall be imprisoned for the original term of his suspended sentence with no credit for time served under home incarceration.
 

An offender sentenced to home incarceration shall be subject to the following conditions: electronic monitoring, curfew restrictions, and home visitation at least once per month by the probation officer.
 

The court shall also require the offender to obtain and maintain employment and participate in a court-approved driver improvement program. The activities of the offender outside of his home shall be limited to traveling to and from work, church services, AA meetings, or a court approved driver improvement program.

• Additional mandatory penalty: 24 months driver's license suspension. (R.S. 32:414)

• Any vehicle operated by the offender must be equipped with a functioning ignition interlock device until the offender has completed substance abuse treatment and home incarceration.

• Additional penalty: The vehicle driven by the offender at the time of the violation shall be seized and impounded, and sold at auction. The vehicle shall be exempt from sale if it was stolen, or if the driver of the vehicle at the time of the violation was not the owner and the owner did not know that the driver was operating the vehicle while intoxicated.

4. Fourth or Subsequent Offense - Fine, $5,000; Prison, not less than 10 nor more than 30 years at hard labor. Sixty days of the sentence of imprisonment shall be imposed without benefit of probation, parole, or suspension of sentence. The remainder of the sentence of imprisonment shall be suspended and the offender shall be required to participate in an inpatient substance abuse program for 4 to 6 weeks, as advised by a treatment professional. Additional out-patient substance abuse treatment may be ordered if advised by the treatment professional not to exceed 12 months. Upon successful completion of the inpatient substance abuse treatment, the offender shall be sentenced to home incarceration for the remaining suspended sentence.

If the offender fails to complete substance abuse treatment successfully or violates any condition of home incarceration, he shall be imprisoned for the original term of his suspended sentence with no credit for time served under home incarceration.

An offender sentenced to home incarceration shall be subject to the following conditions: electronic monitoring, curfew restrictions, and home visitation at least once per month by the probation officer.

The court shall also require the offender to obtain and maintain employment and participate in a court-approved driver improvement program. The activities of the offender outside of his home shall be limited to traveling to and from work, church services, AA meetings, or a court approved driver improvement program.

• If the offender has previously been required to participate in substance abuse treatment and home incarceration, he shall not be sentenced to substance abuse treatment and home incarceration for a fourth or subsequent offense, but shall be imprisoned for 10 to 30 years at hard labor and at least three years of the sentence shall be imposed without benefit of suspension of sentence, probation, or parole.

• If the offender has previously received the benefit of suspension of sentence, probation or parole as a fourth offender, the sentence may not be imposed with suspension, probation or parole, and no portion of the sentence shall be imposed concurrently with the remaining balance of any sentence to be served for any prior offense.

• Additional mandatory penalty: 24 months driver's license suspension. (R.S. 32:414)

• Any vehicle operated by the offender must be equipped with a functioning ignition interlock device until the offender has completed substance abuse treatment and home incarceration.

• Additional penalty: The vehicle driven by the offender at the time of the violation shall be seized and impounded, and sold at auction. The vehicle shall be exempt from sale if it was stolen, or if the driver of the vehicle at the time of the violation was not the owner and the owner did not know that the driver was operating the vehicle while intoxicated.

5. Child Endangerment Law: If a child twelve years of age or younger is a passenger in the vehicle at the time of the DWI arrest, the minimum mandatory sentence for each offense described above shall be served without suspension. For fourth offense DWI a minimum of two years shall be served without suspension. (R.S. 14:98 subsection J)

B. CIVIL PENALTY AS A RESULT OF ARREST (R.S. 32:661-669) (Administrative Action independent of criminal charge outcome)

Upon refusal of a chemical test for alcohol level or having a .10% blood alcohol level (BAC) or greater (.02% or greater for minors) at the roadside, the officer takes the permanent driver's license and issues a temporary license valid for 30 days to allow for appeal.

An administrative hearing must be requested in writing by the offender within 10 days of the date of the arrest. If no request is made, the temporary license automatically becomes invalid after 30 days and the duration of the suspension takes effect as noted below.

1. Administrative Hearing

An administrative hearing is not for application of a hardship license. If the person is unable to prove the suspension should not take place, then the suspension occurs at the time of the hearing. The offender has the right to appeal to the District Court.

2. License Suspension

a. For having a .10% or greater (.02% or greater for minors) blood alcohol level (by breath or by blood test) or an abused or illegal controlled dangerous substance as set forth in R.S.40-:964, the license suspension is:

First Offense: 90 days (180 days if offender is under 21) without eligibility for hardship license for the first 30 days.

Second and Subsequent Offenses: Occurring within 5 years of first offense, 365 days, without eligibility for hardship license.

b. For refusal to submit to breath or blood alcohol test, the license suspension is:

First Refusal: 180 days without eligibility for hardship license for the first 90 days.

Second Refusal: 545 days without hardship license.

3. Restricted Hardship License: Eligibility for First Offense DWI Only.

a. Restricted (Hardship) Licenses will designate times and routes over which the driver will be permitted to operate a motor vehicle; will have a large "R" on the front of the license and cost $50 dollars plus license cost.

b. A person who violates the restrictions is subject to cancellation and seizure of the restricted license and shall have no driving privileges for a period of six months.

C. UNDERAGE DRIVING UNDER THE INFLUENCE (R.S. 14:98.1)

The crime of underage operating a vehicle while intoxicated is the operating of any motor vehicle, aircraft, watercraft, vessel or other means of conveyance when the operator's blood alcohol concentration is 0.02% or more by weight if the operator is under the age of twenty-one.

Any underage person whose blood alcohol concentration is found to be 0.10% or greater shall be charged under the provisions of R.S. 14:98 and therefore subject to the same penalties as those persons twenty-one and over who commit the crime of driving under the influence.

1. First Offense - Fine, $100-$250; The offender must participate in a court-approved substance abuse and driver improvement program.

2. Second or Subsequent Offense - Fine, $150-$500; Prison, not less than 10 days nor more than three months.

Sentence can be suspended only if the following conditions are met:

• The offender is placed on probation with a minimum condition that he serve forty-eight hours in jail and participate in a court-approved substance abuse and driver improvement program, or

• The offender is placed on probation with a minimum condition that he perform 10 eight-hour days of court-approved community service activities, at least half of which shall consist of participation in a litter abatement or collection program and participate in substance abuse and driver improvement program.

• Additional mandatory penalty: 180 day driver's license suspension.

D. DRIVING WITH A SUSPENDED LICENSE (R.S. 32:415)

Criminal Penalty: Fine, $300-$500 and prison, 7 days to 6 months with a minimum mandatory of 7 days. This sentence is to run in addition to any other sentence imposed for DWI.

Civil Penalty: Fine up to $1,250, and suspension of driver's license for one year in addition to any other suspension.

E. IMPLIED CONSENT LAW: CHEMICAL TESTS (BLOOD, BREATH, URINE OR OTHER BODILY SUBSTANCES) RELATIVE TO ALCOHOL, OR ILLEGAL OR ABUSED SUBSTANCES (R.S. 32:661-669)

By accepting a Louisiana driver's license, a person consents to chemical tests that determine alcohol or drug content at any time an officer has reasonable grounds to suspect a person is operating a vehicle under the influence.

Refusal to take this test can be admitted as evidence in a court of law when the person is tried for DWI. (See Civil Penalties for other consequences of refusal.)

When there are reasonable grounds to believe that a motor vehicle or motorized watercraft crash is alcohol-related, then a mandatory breath or blood alcohol test for the drivers shall be performed when there is serious bodily injury or fatality and the drivers refuse or are unable to participate in a field sobriety test.

F. VEHICULAR HOMICIDE (R.S. 14:32.1)

The killing of a human being when the offender is in the operation of, or in actual physical control of any motor vehicle, aircraft, vessel, or other means of conveyance, whether or not the offender had intent to cause death or great bodily harm and the offender:

1) is under the influence of alcoholic beverages; or

2) has a .08% or greater blood alcohol concentration;

3) is under the influence of any controlled dangerous substance listed in Schedule I, II, III, IV, or V;

4) is under the influence of alcoholic beverages and has fled the scene of the accident;

5) is under the influence of a combination of alcohol and one or more drugs, prescription or over the counter, that contain a label warning the user not to combine it with alcohol;

6) is under the influence of one or more legal drugs and has knowingly consumed quantities that substantially exceed the prescribed or recommended dosage.

Penalty: Fine, $2,000 - $15,000; Prison - not less than 2 years nor more than 20 years. At least one year shall be served without probation, parole or suspension of sentence.

G. VEHICULAR NEGLIGENT INJURING (R.S. 14:39.1)

The injuring of another person caused by the offender operating or in actual physical control of a motor vehicle, aircraft, watercraft or other means of conveyance and the offender:

1) is under the influence of alcoholic beverages;

2) has a .08% or greater blood alcohol concentration;

3) is under the influence of any controlled dangerous substance listed in Schedule I, II, III, IV, or V;

4) is under the influence of alcoholic beverages and has fled the scene of the accident;

5) is under the influence of a combination of alcohol and one or more drugs, prescription or over the counter, that contain a label warning the user not to combine it with alcohol;

6) is under the influence of one or more legal drugs and has knowingly consumed quantities that substantially exceed the prescribed or recommended dosage.

Penalty: Not more than $1,000 fine, or imprisonment for not more than 6 months, or both.

H. FIRST DEGREE VEHICULAR NEGLIGENT INJURING (R.S. 14:39.2)

The inflicting of serious bodily injury upon the person of another when caused by the offender's operation of a motor vehicle, aircraft, watercraft, or other means of conveyance and the offender:

1) is under the influence of alcoholic beverages;

2) has a .08% or greater blood alcohol concentration;

3) is under the influence of any controlled dangerous substance listed in Schedule I, II, III, IV, or V;

4) is under the influence of alcoholic beverages and has fled the scene of the accident;

5) is under the influence of a combination of alcohol and one or more drugs, prescription or over the counter, that contain a label warning the user not to combine it with alcohol;

6) is under the influence of one or more legal drugs and has knowingly consumed quantities that substantially exceed the prescribed or recommended dosage.

"Serious bodily injury" means bodily injury which involves unconsciousness, extreme physical pain or protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member or organ or a mental faculty, or a substantial risk of death.

Penalty: Not more than $2,000 fine, or imprisonment with or without hard labor for not more than 5 years, or both.

I. HABITUAL OFFENDER (R.S. 32:1472)

1) A driver who commits ten or more moving violations in a 3 year period:

DWI, speeding, improper lane usage, careless and/or reckless operation of a motor vehicle and others.

Penalty: Administrative revocation of the habitual offender's driver's license for 3 years.

2) Driving after being declared a habitual offender and license revoked.

Penalty: Prison - not less than 1 year nor more than 5 years.

J. THIRD DEGREE FETICIDE (R.S. 14:32.8)

The killing of an unborn child by criminal negligence caused directly by an offender engaged in the operation of, or in actual physical control of any motor vehicle, aircraft, watercraft, or other means of conveyance whether or not the offender had the intent to cause death or great bodily harm whenever the offender:

1) is under the influence of alcoholic beverages;

2) has a .08% blood alcohol concentration;

3) is under the influence of narcotic drugs, central nervous system stimulants, hallucinogenic drugs, methaqualone, or barbiturates and such was a contributing factor to the killing.

Penalty: Not less than $2,000 fine and imprisonment with or without hard labor for not more than 5 years.

The complete statutes for drunk driving in Louisiana can be found in most libraries.

The reference book is West's Louisiana Statutory Criminal Law and Procedure.

You can also consult a Louisiana attorney. (Revised 8/15/01)