If you live in Louisiana and face criminal prosecution because of an alcohol-related law infraction, you need legal help. A Louisiana criminal defense attorney will be able to explain the law to you and prepare your defense in an effort to avoid hefty fines and jail time. If you’re a resident of Louisiana or are visiting the state, you need to know the alcohol laws before heading out for a drink with friends.
Buying and Selling Alcohol in Louisiana
Unlike Kentucky, a state with the strictest alcohol laws in the country, Louisiana has some of the least restrictive alcohol laws in the United States. Considering Louisiana hosts Mardi Gras every year, it’s not surprising that its liquor laws are not strict. After all, people drive from all over the world to attend the world’s biggest outdoor party. Stores can sell liquor, wine and beer 24 hours a day, seven days a week in the state of Louisiana, which means you can purchase alcohol at any time of day there. However, Sunday liquor laws vary from parish to parish, so please be sure to check out the local laws while visiting Louisiana.
DUI in Louisiana
In Louisiana, drivers under 21 years old found to have a blood alcohol concentration of at least 0.02% will be charged with Driving While Impaired (DWI), and drivers 21 years old and over found to have a BAC of at least 0.08% will be charged with DWI. In Louisiana, when you you get a driver’s license issued by the Department of Public Safety and Corrections, you agree to submit to a chemical test if asked to do so by law enforcement; this is called “Implied Consent.” If you refuse a chemical test you will face the following:
- First offense: 365 days driver’s license suspension
- Second and subsequent offenses: 730 days driver’s license suspension
If you drink and drive in Louisiana, this is what you can expect:
First offense DWI:
- Driver’s license reinstatement fee: $100
- Proof of financial responsibility for 3 years after date of conviction
- Up to 6 months in jail
- Fines up to $1,000
Second offense DWI:
- Driver’s license reinstatement fee of $200
- Loss of driving privileges for up to two years
- Mandatory 48 hours in jail
- Up to 6 months of additional jail time
- Fines up to $1,000
Third offense DWI:
- Driving privileges suspended for up to 3 years
- Driver’s license reinstatement fee of $300
- Minimum 1 year in jail
- Up to 5 years in prison
- Possible home confinement
- Fines up to $2,000
- Possible loss of vehicle
- 4 weeks in an inpatient substance abuse program and 4 weeks out-patient treatment
In Louisiana, DWI convictions (or refusing a BAC test) can result in being required to have an Ignition Interlock Device (IID) installed on your vehicle. An IID is a monitoring unit that measures your BAC by blowing in a small tube before you can start your vehicle.
