Louisiana drunk driving cases are prosecuted in one of two ways. The prosecutor may try to prove that the driver was under the influence of alcohol and/or drugs, meaning that he or she was physically and mentally impaired, or drove with a blood alcohol content (BAC) of .08 percent or greater.

A Louisiana DUI / DWI arrest poses an immediate threat to the driver’s license – a motorist arrested for drunk driving has only 15 days from the date of arrest to request a hearing from the Department of Public Safety and Corrections. If the driver doesn’t request a hearing within that time period, the license will automatically be suspended.

A drinking and driving arrest can bring serious consequences, but those repercussions may be avoided with the help of an experienced lawyer. The top attorneys at 1.800.NOT.DRUNK and www.NotDrunk.com have the skills needed to aggressively defend a DUI / DWI arrest anywhere in the state.

Louisiana law requires that anyone arrested for DWI or DUI must submit to a test of their blood, breath or urine to determine BAC. Refusal to take the chemical test is admissible in court as consciousness of guilt, and carries with it additional driver's license consequences and penalties. Drivers who refuse to submit to a chemical test can lose their licenses for six months for a first refusal and for 545 days if he or she has a prior refusal on the record.

The consequences of a Louisiana DWI conviction are quite severe. All drunk driving convictions, including first offenses, carry jail terms. However, the mandatory minimum jail sentence is sometimes suspended in certain cases.

A first-time drunk driving conviction carries 10 days to six months in jail and a $300 to $1,000 fine plus fees and court costs. The driver also must complete 32 hours of community service and complete alcohol education classes.

A driver accused of a second Louisiana DUI / DWI faces 30 days to six months in jail and a fine of $750 to $1,000 plus costs and fees. The driver also must complete 240 hours of community service and complete alcohol education classes.

A third Louisiana drunk driving offense will be charged as a felony. The driver faces one to five years in jail and a fine of $2,000. The motorist also will lose his or her license for two years, and the vehicle driven at the time of arrest will be seized and sold.

A fourth DUI / DWI conviction also will be filed as a felony and carries 10 to 30 years in prison and a $5,000 fine. The motorist also will lose his or her license for two years, and the vehicle driven at the time of arrest will be seized and sold.

Prior convictions which count against the driver’s record include the offenses of vehicular homicide, vehicular negligent injuring, first degree vehicular negligent injuring or a conviction for DWI in any state.

Louisiana has a 10-year "washout” period for drunk driving offenses. This means that if more than 10 years has passed between arrests for drinking and driving, the prior conviction cannot be used to increase the punishment for the later offense. However, any time that the arrestee was incarcerated during that period is excluded from the calculation of the 10-year limit.

Louisiana also has a child endangerment law which provides that if the driver had a child 12 years or younger in the vehicle at the time of arrest, the minimum mandatory sentence provided for each offense cannot be suspended.

A Louisiana drunk driving arrest can have serious and even life-changing consequences, so it’s important to have an experienced lawyer protecting the driver’s rights. The skilled attorneys at 1.800.NOT.DRUNK and www.NotDrunk.com have the expertise to defend a DUI / DWI arrest anywhere in Louisiana, and will work to minimize or even eliminate the consequences of a drinking and driving arrest.

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