What Happens To First Time Offenders in Louisiana?
The state of Louisiana offers a more lenient legal limit for Alcohol when it comes to Driving under the Influence convictions. A person in question must pass the Blood alcohol content analysis with less than .10% BAC through a breathalyzer or a chemical test. This may sound like admirable information for people who like to be tipsy on the go but as moderate as Louisiana DUI definition is, the penalty for being convicted with a DUI charge is a lot more impacting as compared to other prosecution parameters in neighboring states.
Compared to a minimum jail sentence of 48 hours, a non-minimum incarceration order for some states which can be anywhere from five minutes to an hour in jail, Louisiana enforces a minimum 10 days to 6 months jail time for first time offenders convicted of a DUI charge. For offenders found to have reached a limit of .15% BAC or higher, the first two days of imposed sentencing will be on non-bailable terms and cannot benefit from parole or suspension of sentencing under any given circumstance. The community damages and an accordance of court and probation and incarceration costs is also charged to the offender, with an average of $425 to $1125 in damages directed to the offender as part of sentencing requirements.
Louisiana affords probation for DUI offenders if they have completed 32 hours worth of community service through abatement or collection of litter in community property, if they participate in a court appointed or approved substance abuse program and a BAC of less than .15%. High BAC offenders must serve the initial 48 hours with no contest for parole, suspension or bail before becoming eligible for a parole hearing. Initial offenders who are not within the high BAC limits can be subject to abation through enrollment in substance abuse and driving programs and community service to merit jail time.
Minors are afforded a 180 (90 for 21 above) day license suspension with no restrictive driving privileges for the first 30 days ( same with adult conviction). Once an offender becomes eligible for restricted licenses, a fine of $50 for licensing is charged plus a large R on the license title is stamped with a specific route permission. Failure to abide to designated driving time and route will merit restricted license cancellation and ceasation of all driving for six months.
Under 21 Louisiana DUI
The DUI bracket for minors is a lot lower compared to adult DUI charges. As with other states the DUI bracket for drivers under the age of 21 is .02% or more. Qualifying to a percentage of .10% on the BAC test will merit the same felony sentencing parameters as an adult DUI charge. A fine for court fees and community damage is accorded with court mandated enrollment to a driver improvement and substance abuse program is the normal sentence for minors charged with a DUI.
Repeat Offenses for Louisiana DUI Arrests
Louisiana considers previous conviction and arrest records pertaining to same criminal charges, which means that you can expect harsher penalties and increased jail time if you are convicted of a DWI charge the second time and as you gain more convictions or are found to have similar offenses in your parent state or neighboring states. The arrest qualifications of previous convictions are also taken into consideration, such as your BAC level results and will put you in higher accountability if you were convicted with chemical testing results in the “extremely intoxicated” classification, which is .15 to .20 BAC.
At this point the court will appoint mandatory drug testing and enrollment in a drug, alcohol treatment facility as part of your sentencing parameters which you will have to shoulder.
Repeat offenders, depending on severity and circumstance of arrest charges will be subject to heavier criminal and administrative penalties which are discretionary to the prosecuting Judge and may not be clearly stated as it varies. The form of sentencing is more unrestricted as more mitigating circumstances and repeat offenses are presented.
Hire an experienced Louisiana DUI Attorney
The most important aspect of your defense is hiring a law firm that has a deep understanding of the Louisiana DUI laws that govern conviction, plea bargaining, appeal and sentencing for the state. There are reputable law firms with an established practice that will make a significant difference in the outcome of your DUI charge. You can contact Louisiana DUI lawyers either by phone or online. The first consultation is completely confidential and is normally free of charge.