DUI offenders may apply for a restricted driver’s license following the expiration of a certain portion of the driver’s license revocation period, which time period is determined by the circumstances of the conviction. If the request is granted, the offender will be required to use an ignition interlock system for a time period that will also be determined by the circumstances surrounding the conviction.
First, second, and third-time offenders who commit DUI while a passenger age 12 or under is in the vehicle must serve the mandatory minimum prison sentence without the possibility of the sentence being suspended. Fourth-time offenders who commit a DUI while a passenger under 12 is in the vehicle must serve at least two years in prison, without the benefit of a suspended sentence.
In addition to other penalties associated with Louisiana’s DUI laws, a commercial driver who is convicted of DUI for the first time while operating a commercial vehicle will be disqualified from driving a commercial vehicle for at least one year. If, however, the offender was driving a commercial vehicle and transporting hazardous materials at the time, the disqualification period is at least three years. If a commercial driver commits a second DUI while driving a commercial vehicle, the offender will be disqualified from driving a commercial vehicle for life, which may or may not be reduced to 10 years. Depending on the class of commercial license the offender holds, he or she may be disqualified from driving a commercial vehicle even if the DUI occurred while driving a non-commercial vehicle.
If a person under 21 drives with a BAC of .08 or greater, the offender may be charged and penalized as an adult. Additionally, a first-time underage offender who drives with a BAC of .08 or greater will receive a 180-day driver’s license suspension. If the underage driver drove with a BAC of .02, but less than .08, the offender will be charged and penalized under Louisiana’s underage driving under the influence law. Under this statute, first-time offenders are subject to pay a fine of $100 to $250. They must also participate in a court-approved substance abuse and driver improvement program. For a second or subsequent offense, an underage driver faces 10 days to three months in prison. The offender will also be fined between $150 and $500.
Under this law, drinking establishments and social hosts who serve alcohol to persons over 21 are not liable for injuries caused by intoxication.
Under Louisiana law, it is a crime for a drinking establishment to sell or serve alcohol to any person under 21 or to any intoxicated person. A violation of this law subjects the offender to a prison term of 30 days to six months, as well as a fine of $100 to $500. Additionally, the bar’s license could be suspended or revoked.
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Note: Our attorneys are licensed to practice law in Pennsylvania, West Virginia, Ohio, Maryland, and Virginia. This information is not intended to solicit clients for matters outside of the states of Pennsylvania, Ohio, West Virginia, Maryland, and Virginia, although if you are injured in an accident, we have relationships with other personal injury attorneys and lawyers throughout the United States.