When visiting another state for work or vacation, it’s easy to get caught up in the fun of the trip. In Louisiana specifically, festivals such as Mardi Gras are the perfect opportunity to have a little too much fun and make decisions you might regret. Unfortunately, if any of the decisions you make are against the law, you’re still liable to face charges as a visitor. Out-of-state drivers must present their driver’s license at DUI checkpoints and may face procedural steps if arrested.
In the state of Louisiana, the criminal offense of Driving Under the Influence (DUI) occurs at an alarming rate and is one of the most common charges out-of-state visitors face. According to the CDC, more people admit to driving after drinking too much alcohol in Louisiana than in many other states. If you’ve recently received a DUI ticket in the state of Louisiana but reside somewhere else, we can help you throughout the legal process. Please contact an attorney from John D. & Eric G. Johnson Law Firm to retain our services and support.
Understanding DUI and DWI in Louisiana
In Louisiana, Driving Under the Influence (DUI) and Driving While Intoxicated (DWI) are terms used interchangeably to describe the act of operating a vehicle while under the influence of alcohol or other substances. Both DUI and DWI are considered serious offenses in Louisiana, and violators may face arrest by the highway patrol department of the Louisiana State Police.
Definition of DUI and DWI in Louisiana
According to Louisiana Revised Statutes 14:98, a person is considered to be driving under the influence if their blood alcohol concentration (BAC) is 0.08% or higher, or if they are under the influence of any substance that impairs their ability to operate a vehicle safely. This includes prescription medications, over-the-counter medications, and illicit substances. The law is strict and aims to ensure that all drivers on Louisiana roads are sober and capable of driving safely.
DUI Charges and Louisiana DUI Laws
No matter what state you call home, if you face a DUI arrest in Louisiana, you’ll be required to face charges for your offense. The law, as it pertains to all individuals who are residents of or are visiting Louisiana, is outlined in the Louisiana Code of Law Section 14:98 – Operating a Vehicle While Intoxicated.
Section 14:98 states that “The crime of operating a vehicle while intoxicated is the operating of any motor vehicle, aircraft, watercraft, vessel, or other means of conveyance when…
- The driver is under the influence of alcoholic beverages.
- The operator’s BAC is .08% or more.
- The operator is under the influence of any controlled substance listed in Schedule I-V.
- The operator is under the influence of alcohol and one or more drugs not listed in Schedule I-V.
Louisiana penalties for first-time offenders include:
- Minimum fines of $300
- Time in jail
- Suspension of your driving privileges
Understanding Louisiana DWI laws is crucial for building a defense. If it’s your second or third offense, the civil penalties you may face will likely intensify, costing you more time in jail and more money out of your pocket. As a visitor to the state of Louisiana, a trusted attorney will be able to assist you in building a solid defense case no matter how many offenses you have or the specific charges you face.
When You are Unknowingly Under the Influence of Substances
If you did not know you were consuming specific substances or if you have no prior convictions for a DUI, there is great potential for reduced charges with the help of an experienced attorney.
Furthermore, obtaining an attorney to aid in your defense will also help to reduce the number of times you need to go back to Louisiana for court and reduce the number of complicated forms and processes you need to complete on your own. An experienced attorney can help navigate the complexities of a DUI case in Louisiana.
License Suspension and Driving Privileges
A DUI or DWI conviction in Louisiana can result in the suspension of your driver’s license, which can have significant consequences on your daily life. Understanding the license suspension process and your driving privileges is crucial to navigating the aftermath of a DUI or DWI conviction.
License Suspension for Out-of-State Drivers
Out-of-state drivers convicted of a DUI or DWI in Louisiana may also face license suspension in their home state. This is because Louisiana is a member of the Interstate Driver’s License Compact (IDLC), which requires member states to communicate information about driver’s license suspensions and DUI charges.
The IDLC ensures that a DUI conviction in Louisiana can affect your driving privileges back home. Therefore, it is essential to contact your home state’s Department of Motor Vehicles (DMV) to determine the impact on your driver’s license and to understand any additional steps you may need to take.
DUI Charges and Conviction in Your Home State
In any state, driving under the influence is considered a severe offense and can result in a DUI charge in both the state where you received the ticket and your home state. Therefore, the crime is not only chargeable in the state where you received the ticket, but also in your home state. For example, if you live in Illinois but are charged with a DUI in the state of Louisiana, according to the Interstate Driver’s License Compact, your license can be suspended in both states. An interstate driver’s license can be affected by DUI charges due to the Interstate Driver’s License Compact.
The Interstate Driver’s License Compact was created to provide communication between states regarding licensing and driving offenses. According to the compact, for you to be subject to civil penalties for a DUI in both Louisiana and your home state, there are a few requirements.
- Laws in both states must be similar
- Punishments in both states must be similar
- Your conviction must include enough details to convict you in your home state
For more information about the potential impacts on your life and driving permissions, please reach out to our team at John D. & Eric G. Johnson Law Firm.
In Louisiana, you have up to 15 days to file your case in an attempt to keep your driving privileges. Likewise, there are additional time limits regarding court appearances that can help you to reduce the penalties you receive as the result of a DUI. Therefore, contacting a trusted attorney as soon as possible after you’re arrested is one of the most proactive things you can do for your defense. Contacting an attorney immediately after a DWI arrest is crucial for your defense.
DUI Checkpoints and Roadblocks
DUI checkpoints and roadblocks are a common sight in Louisiana, particularly during holidays and special events. Understanding what to expect at a DUI checkpoint can help you navigate the situation safely and effectively.
What to Expect at a DUI Checkpoint in Louisiana
At a DUI checkpoint in Louisiana, you can expect to be stopped by a police officer who will ask for your driver’s license, registration, and proof of insurance. The officer may also ask you to perform a series of field sobriety tests, such as walking a straight line or reciting the alphabet. If the officer suspects that you are under the influence, you may be asked to take a breathalyzer test or provide a blood sample.
Are You Expected to Comply With Law Enforcement?
It is essential to cooperate with the officer and provide the requested information to avoid any additional charges or penalties. Being prepared and understanding your rights can help you handle the situation more effectively.
A Trusted Louisiana DUI Attorney Can Help with DWI Arrest
A DUI attorney in Louisiana will be able to inform you of the potential charges you face in Louisiana and your home state. Furthermore, they’ll likely be able to aid in your defense in both locations. For severe cases like a fourth offense DUI, the penalties can be much harsher, including substantial fines and lengthy prison sentences.
If you’ve recently been convicted of a DUI in Louisiana, the attorneys at John D. & Eric G. Johnson Law Firm are here for you. With our years of experience and membership in the National Association of Criminal Defense Lawyers, we understand the intricacies of Louisiana laws and how your conviction will be upheld in other states and will work hard to do everything we can in your defense. Don’t delay! Call our local offices today at 318-377-1555 or fill out our online contact form today for your free consultation.