Louisiana

louisianaLouisiana State Law

Louisiana has two sets of procedures that you must attend to when you have been charged with a DUI—administrative and judicial. We suggest that you consult with a DUI attorney immediately to make sure you get the best advice for your particular situation as laws are always changing.

Administrative License Revocation (ALR) Procedures
Louisiana Department of Public Safety
Louisiana is one of 42 states that has implemented ALR which means that your license will be confiscated immediately if your BAC is above .08 OR if you refuse a BAC test. Your license will either be suspended or revoked at that point, even though you have not been officially convicted in a criminal trial. In fact, you can be charged with an administrative license suspension even if you are not later charged with a driving under the influence offense. This action was designed to be in addition to and separate from the traditional DUI judicial conviction penalties such as license suspension, jail time, community service hours, ignition interlock device (IID), and alcohol and drug rehabilitation.

You will be given a 10 day grace period during which you can drive under a temporary driving permit issued by the officer at the scene. During that time, you can request a hearing to challenge this case. This case will be heard by an administrative law judge. If you do not request a hearing, your license will be automatically suspended on the 11th day for 6 months, although first time offenders can request a work permit after 30 days. After the suspension period, you will be required to get an ignition interlock device, even if it is your first offense.

Remember that this is a separate case from the judicial case, with separate authorities and separate rulings. This can be a very important influence upon the judicial procedures, but you must act very quickly if you wish to challenge this.

Judicial Procedures
In Louisiana, the drunk driving law prohibits a person from driving when they have a BAC of .08% or higher. Courts are required to order the installation and monitoring of an interlock device for any driver whose BAC levels are .08% or higher, even for a first offense.

License Revocation, Fines and Jail

  • First Offense – Misdemeanor: 10 days to 6 months in jail, $300 to $1,000 fine ($750 to $1,000 if BAC 0.20 or more), 12-months license suspension (2 years if BAC 0.20 or more), a restricted hardship driving license may be available immediately and an ignition interlock will be required for entire time of applicable suspension period or for at least 12 months if convicted with a high BAC of 0.20 or more. Possible 32 hours community service, court-approved substance abuse program, or court-approved driver improvement program.
  • Second Offense – Misdemeanor:  30 days to 6 months in jail, $750 to $1,000 fine, 24-month license suspension (4 years if BAC 0.20 or more), a restricted hardship driving license may be available after 45 days and an ignition interlock will be required for entire time of applicable suspension period, ignition interlock restriction upon driver’s license reinstatement. Possible 240 hours community service, court-approved substance abuse program, court-approved driver improvement program.
  • Third and Subsequent Offense – Felony:  1 to 5 year in jail (with or without hard labor), [home incarceration an option], up to $2,000 in fines, 36-month license suspension, if enrolled on a DWI or sobriety program and in good standing with presiding judge will be eligible to apply for ignition interlock restricted hardship driving license after not less than 45 days of suspension period has been served, mandatory substance abuse evaluation and treatment programs as required, ignition interlock restriction upon driver’s license reinstatement. Possible court-approved substance abuse program, court-approved driver improvement program, or seizure and sale of motor vehicle.

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