Alcohol Abuse: The Legal Considerations

Drinking and driving can result in injury, permanent disability and possibly the death of yourself, your passenger(s) and innocent by-standards. Because of this, a designated driver should always be assigned and used to safely return everyone back home. If you decide to drive after drinking any amount of alcohol, you also need to consider the legal ramifications of that decision.

Two quick facts for drivers in the state of Louisiana:

1. You are considered legally intoxicated at a blood alcohol level of .08%


2. Legal drinking age is 21 even though you can enter some bars at 18 years of age.

The folllowing is a list of the likely outcomes associated with receiving a DWI in the state of Louisiana:

DWI First Offense (Misdemeanor)

i. Fine: $300 - $1000 (plus court costs)
ii. Jail: 10 days to 6 months (but can be suspended)
iii. Community Service: 32 hours
iv. Substance Abuse Eval & Driver Improvement School Required
v. If BAC over .15: Minimum 48 hours jail
vi. License Suspension: 90 days

Second Offense (Misdemeanor)

i. Fine: $750 - $1000 (plus court costs)
ii. Jail: 30 days to 6 months ( all but 48 hours can be suspended)
iii. Community Service: 240 hours
iv. Substance Abuse Eval and Driver Improvement School Required
v. BAC .15 or more: Min. 96 hours in jail
vi. License Suspension: 1 year

Third Offense (Felony)

i. Fine: mandatory $2000
ii. Jail: 1 to 5 years (all but 6 months can be suspended)
iii. Substance Abuse Eval and Driver Improvement School
iv. Vehicle: mandatory seizure and sale of vehicle being operated
v. License Suspension: 2 years

Fourth Offense (Felony)

i. Fine: Mandatory $5000
ii. Jail: 10 to 30 years (all but 2 years can be suspended)
iii. Vehicle: mandatory seizure and sale
iv. License Suspension: 2 years