Louisiana Implied consent – criminal penalty for refusal
- If a driver has previously refused a chemical test on two or more occasions, he / she is subject to a fine of $300-$1,000 and jail sentence of 10 days to six months. LSA-R.S. 14:98.7. The constitutionality of this, however, has been called into question by the U.S. Supreme Court’s decision in Birchfield v. North Dakota, 136 S.Ct. 2160 (2016), which holds that a state cannot place criminal penalty on a driver’s refusal to undergo a warrantless blood test to determine alcohol concentration.
Louisiana DUI Conviction – administrative / civil penalty (license suspension, use of IID)
- First convictionà driver’s license suspension of 12 months; if offender placed on probation, the court may order that the offender not operate a motor vehicle during the period of probation, or such shorter time as set by the court, unless any vehicle operated has IID in compliance with the requirements of R.S. 14:98.5(C) and R.S. 32:378.2. LSA-RS 32:414(A); LSA-R.S. 14:98.1(A)(1)(d).
- Second convictionà driver’s license suspension of 24 months; if offender placed on probation, the court must order that the offender not operate a motor vehicle during the period of probation unless any vehicle operated has IID for at least six months from the date of conviction. In addition, the device shall remain installed and operative during any period that the offender’s driver’s license is suspended under law and for any additional period as determined by the court. LSA-RS 32:414(B); LSA-R.S. 14:98.2(A)(1)(d).
- Third or subsequent convictionà driver’s license suspended for 36 months; use of IID until the offender has completed the requirements of substance abuse treatment and home incarceration; vehicle can be seized, impounded and sold. LSA-RS 32:414(D); LSA-R.S. 14:98.3(d).
Louisiana DUI Conviction – criminal penalties (jail sentence, fines, community service)
- First convictionà jail sentence of 10 days to six months; fine of $300-$1,000.
- Second convictionà jail sentence of 30 days to six months; fine of $750-$1,000.
- Third convictionà jail sentence of one to five years; fine of $2,000.
- Fourth or subsequent convictionà jail sentence of 10-30 years; fine of $5,000. LSA-R.S. 14:98.1.-14:98. There are enhanced penalties if offense involved vehicular homicide, feticide or negligent injuring. LSA-R.S. 14:98.2(D).
Child endangerment
- There are enhanced penalties if an offender commits a violation with a minor aged 12 or under in vehicle at time of offense. LSA-R.S. 14:98(B).
Louisiana Driver’s License Suspension Periods
| LAW | Violation | Suspension Period for Conviction Date August 14, 2007 and Before | Suspension Period for Conviction Date of August 15, 2007 and After | |
| R.S. 32:414A(1) | DWI 1st | 90 days (3 months) | 365 days (1 year) | |
| R.S. 32:414A(1)(c)(i) | DWI 1st with BAC .20+ | 730 days (2 years) | 730 days (2 years) | |
| R.S. 32:414B(2) | DWI 2nd | 365 days (1 year) | 730 days (2 years) | |
| R.S. 32:414A(1)(c)(ii) | DWI 2nd with BAC .20+ | 1,460 days (4 years) | 1,460 days (4 years) | |
| R.S. 32:414D(1) | DWI 3rd | 730 days (2 years) | 1,095 days (3 years) | |
| R.S. 32:414A(1) | UDUI | 180 days (6 months) | 365 days (1 year) | |
| R.S. 32:414.2 | DWI with BAC .04 | N/A | N/A |
Source: Louisiana Office of Motor Vehicles, Louisiana Department of Public Safety
