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Louisiana DUI Laws

In Louisiana, the drivers who are arrested for DWI have only 15 days to request a hearing from the Department of Public Safety and Corrections, or else their license will be suspended. In Louisiana, if you are arrested for drunk driving and your blood alcohol level is below a .05, it will be presumed that you are not driving under in the influence of alcohol.

Louisiana drunk driving laws allow for prosecution for DWI of persons who are either under the influence of alcohol and/or drugs, or who are driving with a blood alcohol content of .08% or more. If the test results are between .05% and .08%, there is no presumption regarding alcohol impairment. However, where the blood alcohol content is .08% or greater, there is a presumption that the driver is impaired. DWI / DUI arrests are generally misdemeanors, but may be considered a felony DWI where there are two drunk driving prior convictions within 10 years. Like some of the other states, these drunk driving laws are only for drivers age 21 and older. For those under 21 who are accused of drunk driving, the alcohol intoxication legal limit is .02%.

A law enforcement officer can obtain blood test, breath test or urine test and the driver is bound to allow these tests. Refusal to take the test following an arrest shall be admissible in court as consciousness of guilt, and carries with it additional driver's license consequences and penalties. Upon determination that you meet either of these criteria for a Louisiana DWI arrest you will be charged with a Louisiana DWI and immediately. Upon arrest for a Louisiana DWI there will be two legal proceedings initiated. One is of a criminal nature and the second is of a civil nature.

If you have refused to submit to the above mentioned tests, your license may be suspended:

For a period of six months for a first refusal

For 545 days if you have previously refused to submit to such a test

If you have an unlawful BAC, your driving privilege will also be suspended:

For six months for a first offense DWI

For one year for second offense DWI

A drunk driving arrest can also result in the loss of driving privileges

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Acadia Parish
Allen Parish
Ascension Parish
Assumption Parish
Avoyelles Parish
Beauregard Parish
Bienville Parish
Bossier Parish
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Calcasieu Parish
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Cameron Parish
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Concordia Parish
De Soto Parish
East Baton Rouge Parish
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East Feliciana Parish
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Franklin Parish
Grant Parish
Iberia Parish
Iberville Parish
Jackson Parish
Jefferson Parish
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Lafayette Parish
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Livingston Parish
Madison Parish
Morehouse Parish
Natchitoches Parish
Orleans Parish
Ouachita Parish
Plaquemines Parish
Pointe Coupee Parish
Rapides Parish
Red River Parish
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Saint Helena Parish
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Saint John the Baptist Parish
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Saint Tammany Parish
Tangipahoa Parish
Tensas Parish
Terrebonne Parish
Union Parish
Vermilion Parish
Vernon Parish
Washington Parish
Webster Parish
West Baton Rouge Parish
West Carroll Parish
West Feliciana Parish
Winn Parish

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