Louisiana DWI Laws, Penalties and Records

According to the Louisiana DWI laws, prosecution is allowed for a driver if he or she is found driving within the state limits with the influence of narcotics or drugs or Blood Alcohol Content (BAC) of 0.08% or more. In Louisiana, DWI is misdemeanor offense but if the driver re-offends thrice in ten years, it is considered a felony crime. A convicted driver should make a request for hearing from Department of Public Safety and Corrections,   within fifteen days of the incidents. On failure of the same, the license would be suspended. As soon as someone is hold for DWI offense, driver should seek permission from the officer to talk to a specialized attorney.

Obtaining Louisiana DWI Records

If you want to get DWI records, you need to get driving record. This can be collected from the Office of Motor Vehicles. To avail this service online, go to http://omv.dps.state.la.us/odr/odr.asp. The service remains inaccessible from 11 pm to 3 am. The requirements of this service are high speed Internet connection, Internet Explorer 5.0 to latest or Netscape 4.73 and above, a printer, a valid credit card and a service charge of $17. You can get the latest record 30 days after you purchase the permission to access online driving record. The driving record includes any accident occurred irrespective of you being at fault or not, your driving privileges-both commercial and personal and Louisiana DWI.

Like all US States, Louisiana also lets the perpetrators get a chance to erase the violation from the records. However, there are conditions applied. If the time limit set by the institution to prosecute the offense expires without any proceeding or if the case resolves with acquittal, dismissal and/or there is an annulment, Louisiana DWI record can be wiped off.

Louisiana DWI Laws and Penalties

Under Louisiana DWI, the held driver must submit to the chemical test to get the percentage of BAC. If anyone refuses to take the test then he or she is taken to the court as an implied guilty. For first refusal, the period of suspension is six months and for the second refusal, the suspension will be increased to 524 days. DWI can yield dire consequences in this state. Laws have been made stricter due to the increasing case of drunk driving.

For the first offense of Louisiana DWI, the convicted driver can be jailed for up to six months along with monetary penalty of $1000. If the driver is below 21, the license would be suspended for six months and if adult, then for 90 days. For second offense, there is a mandatory time to be spent in jail which is 48 hours and which can extend to six months. The fine remains $1000 and license is suspended for one year. Both these offenses are considered misdemeanor crimes.

The third offense of intoxicated driving in Louisiana State is a felony crime. The driver has to spend at least 45 days in jail which can extend maximum to five years. The amount of fine is doubled to $2000. License is suspended for two years and the convict must undergo Substance Abuse Treatment for six weeks, one month of community service and/or home imprisonment.

When the commits this crime for the fourth time, Louisiana DWI laws consider it felony and has stricter penalties for it. Minimum of 75 days imprisonment is compulsory in this case and the term can extend up to thirty years. The amount of fine rises to $5000 and community service to 40 days. License suspension and treatment program tenure remains same as the third offense. But the vehicle can be seized by the court order.