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DWI Laws in Louisiana:  FAQs about DWI Laws in Louisiana

DWI Laws in Louisiana:  FAQs about DWI Laws in Louisiana

September 2, 2020
March 14, 2024

If you are looking for a DWI attorney in Louisiana, it is crucial that you choose an experienced, knowledgeable DWI attorney that will fight for your rights. There are often many questions associated with DUI/DWI cases in Louisiana, which is why we have compiled a list of frequently asked questions (FAQs) about DWI laws in Louisiana to help inform and educate drivers.

What is the difference between a DUI and a DWI?

These two acronyms are commonly confused. This is understandable, as different states use different acronyms for the charge. In Louisiana, DWI and DUI are the same crime. DWI is the term used to describe impaired or drunken driving in Louisiana.

Can you still be charged with a DWI if your BAC level is below the threshold?

Yes- you can still be charged with a DWI if your BAC is below 0.08 in Louisiana. DUI, or Driving Under the Influence, refers to the driver's behavior, while DWI, or Driving While Intoxicated, refers technically to the blood alcohol content (BAC) which is determined after an alcohol test is given to the driver. In Louisiana, an officer who has reason to believe you are acting under the influence can still arrest you, even if you blow below the threshold. This typically happens when the officer suspects you have combined alcohol with other substances.

How long does a DUI stay on your driving record in Louisiana?

In the state of Louisiana, it takes a minimum of ten years before a DWI can come off your record. This is commonly referred to as a ‘cleansing period.’

What is the penalty for a DWI in Louisiana?

A DWI is considered a misdemeanor in Louisiana. DWIs, also referred to as DUIs or OUIs, carry a maximum penalty of six (6) months in jail and a fine of up to $1000.00. There are differing penalties depending on if it is your first offense or not, as well as differing penalties based on your BAC. The penalties are made harsher as one goes from a first to a second, to a third, to a fourth offense for DWI. In addition to potential jail time and fines, these types of crimes have implications with regard to your driver's license and may cause a suspension of your driving privileges.

If you or a loved one has been arrested for DUI in Louisiana, give our trusted criminal defense attorneys at Rozas a call. Our team of experienced DWI attorneys work in all the Louisiana courts and have a successful record of defending DWI charges in Louisiana. Get in touch with our team today for a free consultation.

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Frequetly Asked Questions

Can You Get a DUI on a Bike?

You cannot get a DUI on a bike because the law applies to people operating a motor vehicle. The penalty for riding a bicycle drunk would be a ticket for public intoxication and possibly not following traffic laws.

What Happens When You Get a DUI in Louisiana?

When you get a DUI, you could face jail time, fines, community service, license suspension, and more, depending on the number of previous offenses. If you are convicted of a DUI in Louisiana, it can stay on your record for the rest of your life. This can affect you negatively when applying for a job, applying for a loan, or purchasing a gun. Your insurance rates may go up.

How Much Does a DUI Cost in Louisiana?

The initial cost of a DUI can vary depending on the severity and the number of offenses you have accumulated. This is a general overview of what you could pay.

  • First offense - $300 - $1,000
  • Second Offense - $750 - $1,000
  • Third Offense - $2,000
  • Fourth Offense - $5,000

It is important to know that you will be spending more than just this specific fine. You will potentially have to pay for a breathalyzer interlock device in your vehicle, take court-approved substance abuse programs, and more.

Can You Get a DUI Expunged in Louisiana?

Technically no, you cannot get a convicted DUI expunged in Louisiana. However, there are specific situations where you can avoid having it on your record, but you have to meet particular criteria to be eligible. Get in touch with a professional DUI lawyer today and get a criminal defense consultation.

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