How To Handle A DUI In Louisiana
Mardi Gras is a popular event in Louisiana, world renowned for its festivities, particularly the consumption of alcohol. Drinking and driving can result in dire consequences; therefore, it is best to arrange for another ride if you plan to consume any adult beverages. However, if you are driving under the influence and are pulled over, you need to know your rights.
In Louisiana, driving under the influence (DUI) is a criminal offense which is punishable by imprisonment, fines, and the loss of your driving privileges. You can be charged with a DUI while operating a motor vehicle (which includes a car, scooter, boat, or motorized skateboard) under the influence of drugs and/or alcohol.
What happens if I get pulled over under suspicion of a DUI?
If an officer has reasonable grounds to believe you are under the influence of any substances, the officer will ask you to undergo a breathalyzer test. A breathalyzer test measures the amount of alcohol content in your blood, otherwise called BAC. If your BAC is .08% or greater, you can be charged with a DUI.
Can I refuse the test?
Louisiana has an implied consent law, which states that any person operating a motor vehicle in the State of Louisiana must consent to a breathalyzer test. If you refuse, the following consequences can occur:
- License suspension;
- Restricted license (i.e., ignition interlock);
- Fine; and/or
- The officer may require a blood sample to be drawn.
Consequences of a DUI depend on whether it is your first, second, third, or fourth offense. It is important to understand the consequences of a DUI and how it can impact your life, especially if it is not your first DUI. Our legal team is well equipped to assist you with any of these charges.
For your 1st offense, you can receive anywhere from 10 days to 6 months in jail. Along with that, you will be facing $300 to $1,000 in fines. Additionally, your license can also be suspended.
Your 2nd offense can result in a jail sentence of 30 days to 6 months and fines ranging from $750 to $1,000. Your license can also be suspended for at least 6 months and you can be put on probation as well.
A 3rd offense can result in a jail sentence of 1 to 5 years, a fine of at least $2,000, a license suspension during probation, and mandatory treatment. If you are being charged with your third DUI, the court can also order your vehicle to be seized and impounded or sold at auction.
Finally, for a 4th offense you can receive 10 to 30 years in jail and over $5,000 in fines. Your license can also be suspended for up to 4 years.
Contact Us Today for Help
If you have been charged with a DUI, the sooner you enlist a lawyer, the better. Call 504-433-1442 for a free consultation with one of our aggressive and talented trial attorneys today. At this consultation, we will listen to your story, identify potential legal arguments, and educate you about your rights. The New Orleans criminal lawyer at the Palazzo Law Firm will formulate and implement a winning strategy that meets your needs.