Under Louisiana DUI laws, driving while intoxicated without injury or death is a misdemeanor. Penalties include fines, jail time, and license suspension. The court has the discretion to defer the imposition of sentencing, and if the driver has no subsequent offense, the court may set aside the conviction. In the case of vehicular manslaughter or injury, the penalties are enhanced.
Current Laws
Art. 885.1. Suspension of Driving Privileges; Failure to Pay Criminal Fines
When a fine is levied against a person convicted of any criminal offense, including any violation of the Louisiana Highway Regulatory Act or any municipal or parish ordinance regulating traffic in any municipality or in any parish and the defendant is granted an extension of time to pay the fine, the judge of the court having jurisdiction may order the driver's license to be surrendered to the sheriff or official of the court collecting fines for a period of time not to exceed one hundred eighty days. If, after expiration of one hundred eighty days, the defendant has not paid the fine, the sheriff or official of the court designated to collect fines shall forward the license to the Department of Public Safety and Corrections.
Art. 894. Suspension and Deferral of Sentence; Probation in Misdemeanor Cases (DUI)
A.(3) When a defendant has been convicted of the misdemeanor offense of operating a vehicle while intoxicated, second offense, the court may suspend the imposition or the execution of the whole or any part of the sentence imposed and place the defendant on unsupervised or supervised probation upon such conditions as the court may fix, where suspension is not prohibited under the law. Such suspension of sentence and probation shall be for a period of two years or such shorter period as the court may specify.
B.(1) When the imposition of sentence has been deferred by the court, as authorized by this Article, and the court finds at the conclusion of the period of deferral that the defendant has not been convicted of any other offense during the period of the deferred sentence, and that no criminal charge is pending against him, the court may set the conviction aside and dismiss the prosecution.
Penalties
First offense is a misdemeanor. Fine: $300-$1,000. Jail: 10 days to 6 months (may be suspended). License Suspended: 90 days. BAC of .15 or more: mandatory minimum of 48 hours in jail.
Second offense is a misdemeanor. Fine: $750-$1,000. Jail: 30 days to 6 months (all but 48 hours may be suspended). License Suspended. 1 year. BAC of .15 or more: mandatory minimum of 96 hours in jail.
Vehicular homicide or first degree vehicular injuring. Fine: $2,000. Jail: 1 to 5 years (all but 6 months may be suspended). License Suspended: 1 year. Required substance abuse evaluation and driver improvement school.
Talk to a DUI Lawyer
If you are charged with a DUI in Louisiana, you face jail time and/or fees if convicted. If the DUI resulted in death or injury, the penalties are enhanced. Find an attorney as soon as possible to ensure your rights are protected throughout the case.
