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Louisiana DWI Penalties

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Louisiana DWI Penalties

Implied Consent Laws

Blood-Alcohol Concentration

Zero Tolerance Blood Alcohol Concentration

Enhanced Penalty Blood Alcohol Concentration

Administrative License Suspension/Revocation Penalties

Vehicle Confiscation

Ignition Interlock

Mandatory Alcohol Education and Assessment/Treatment



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Implied Consent Laws


Laws call for drivers assumed of driving under the influence to give in to breath, blood, or urine testing for alcohol content are known as "implied consent laws." Rebuttal carries penalties that can include compulsory suspension of a driving license for up to a year.

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Blood-Alcohol Concentration

In Louisiana, any driver with a blood-alcohol concentration - or BAC - above .08 percent is measured “per se intoxicated” under the law. Under this statute, this evidence is all that is necessary for a driver to be convicted of Driving Under the Influence (DUI) or Driving While Intoxicated (DWI).

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Zero Tolerance Blood-Alcohol Concentration

In all states, “zero tolerance laws” centre of attention on drivers not of legal drinking age. In Louisiana, persons under the age of 21 operating a vehicle with a .02 percent blood-alcohol level or higher than are subject to DUI penalties.

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Enhanced Penalty Blood-Alcohol Concentration

In some states there is a more strict punishment for those convicted of DUI with a for the most part high blood-alcohol content at the moment in time of arrest; this is commonly .15 to .20 percent above the legal limit. Enhanced penalty laws are not utilised in Louisiana.

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Administrative License Suspension/Revocation Penalties

These penalties are minimum mandatory penalties obligatory on drivers with a blood-alcohol concentration above Louisiana’s maximum tolerable level of .08 percent or drivers subject to the implied consent laws (see above) for refusing to submit to breath, blood, or urine testing for blood-alcohol content.

Penalties involve suspension or revocation (meaning provisional or permanent removal) of the driver’s license by the DMV (Department of Motor Vehicles). In Louisiana, for the original DUI offense the mandatory suspension is 90 days; for the second offense, one year; for the third offense, three years.

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Vehicle Confiscation

The consequence of vehicle confiscation for DUI conviction – either permanently or temporarily - is a chance in some states, typically for repeat offenders. This is not a penalty option in Louisiana.

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Ignition Interlock

An ignition interlock device attaches to the condemned DUI offender’s motor vehicle and requires the driver to complete a breath-test before the vehicle will start. While this penalty for DUI conviction is a possibility in some states, this is not an choice in Louisiana.

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Mandatory Alcohol Education and Assessment/Treatment

Alcohol teaching and prevention program, treatment for alcohol abuse, and assessment of a person for possible alcohol or drug craving can be required for DUI offenders in Louisiana. These steps are often optional instead of serving a sentence of incarceration or paying fines.

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