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baton rouge, louisiana
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DUI ATTORNEY BATON ROUGE, LOUISIANA
FREQUENTLY ASKED QUESTIONS
If you have been charged with a DUI in Baton Rouge, Louisiana, it is important to contact an experienced criminal defense attorney who is knowledgeable about Baton Rouge, Louisiana’s DUI laws. Dathan Hill aggressively fights for each of his clients charged with drunk driving. With years of experience handling similar cases, he’s ready to help you.
Dathan Hill Law knows that entering a guilty plea for many clients is not an option, and will make every effort to avoid a criminal conviction for their clients. Call (225) 224-6412 today for a consultation with a DUI lawyer, or reach out online.
DRUNK DRIVING LAWS IN Baton Rouge, Louisiana
In many cases, factors other than alcohol intoxication or impairment from a controlled substance can lead to irregular driving or poor performance on DUI tests. These factors can result in driving patterns or behavior that initially indicates driving under the influence to a law enforcement officer. Such factors can include:
- Fatigue
- Disability or an underlying medical condition
- Illness
- Inattention
- Mechanical problems
Baton Rouge, Louisiana’s Legal Limit
Effective September 30, 2003, the Baton Rouge, Louisiana’s legislature overhauled the Commonwealth’s DUI laws. The legal limit in Louisiana changed from a blood alcohol concentration (BAC) limit of .10% to .08%. Known as the “per se” version of DUI, even if a driver is not actually impaired, they still may be considered driving under the influence based solely on the fact that their BAC was above the legal limit.
Even in cases in which a BAC is not available, the prosecutor can still attempt to prove DUI under a theory that the person was incapable of driving safely while operating or being in control of a motor vehicle because they had consumed alcohol or were impaired by a controlled substance.
COMMON DUI CHARGES & PENALTIES
Louisiana law provides for three umbrella categories of DUI offenses based on different levels of impairment. The consequences for offenses committed at each level of impairment increase as the driver’s BAC increases. According to Louisiana Statutes § 3804, the categories and penalties for first, second, and third DUIs are:
General DUI Impairment With A BAC Of .08% To .099%
First DUI
With no prior convictions, a first DUI involving a BAC of 0.08% to .099% is considered an ungraded misdemeanor. Under Pennsylvania law, the courts will typically impose the statutory minimum sentence of six months’ probation and complete the following:
- Pay a $300 fine
- Successfully complete alcohol highway safety school
- Complete alcohol or drug treatment, if ordered
Second DUI
With one prior DUI conviction, a second DUI involving a BAC of 0.08% to .099% is also considered an ungraded misdemeanor. The court will typically impose the statutory minimum sentence of five days in jail and complete the following special conditions:
- A 12-month driver’s license suspension
- A minimum of five days in jail (although the court can order up to six months)
- Install an ignition interlock device (IID) for one year
- Pay a fine between $300 and $2,500
- Successfully complete alcohol highway safety school
- Complete alcohol or drug treatment, if ordered
Third DUI
With two previous drunk driving convictions, a third DUI involving a BAC of 0.08% to .099% is considered a second-degree misdemeanor. Per PA law, the courts will typically impose the statutory minimum sentence of:
- A 12-month driver’s license suspension
- A minimum of 10 days in jail (although the court can order up to two years)
- Install an IID for one year
- Pay a fine between $500 and $5,000
- Successfully complete an alcohol highway safety school
- Complete an alcohol or drug treatment program, if ordered
High DUI Impairment With A BAC Of .10 To .159%
First DUI
With no prior DUI convictions, a first DUI involving a BAC of .10% to .159% is considered an ungraded misdemeanor. Under Pennsylvania law, the courts will typically impose the following sentence:
- A 12-month driver’s license suspension
- At least 48 hours in jail (although the court can impose up to six months behind bars)
- A fine between $500 and $5,000
- Successful completion of alcohol highway safety school
- Completion of alcohol or drug treatment, if ordered
Second DUI
With one prior conviction for drunk driving, a second DUI involving a BAC of .10% to .159% is considered an ungraded misdemeanor. If convicted, the courts will typically impose the following sentence:
- IID for one year
- A 12-month driver’s license suspension
- At least 30 days in jail (although the court can impose up to six months)
- A fine between $750 and $5,000
- Successful completion of alcohol highway safety school
- Completion of an alcohol or drug treatment program, if ordered
Third DUI
With two prior DUI convictions, a third DUI involving a BAC of .10% to .159% is considered a first-degree misdemeanor. As such, the courts will likely impose the following sentence:
- A one-year installation of an IID
- An 18-month driver’s license suspension
- At least 90 days in jail (although the court can impose up to five years)
- A fine between $1,500 and $10,000
- Successful completion of alcohol highway safety school
- If ordered, completion of a substance abuse program
Highest DUI Impairment With A BAC Of .16% And Higher
First DUI
With no prior DUI convictions, first DUI involving a BAC of .16% and higher is considered a misdemeanor of the first degree. Under Pennsylvania law, the courts will typically impose the following:
- Incarceration of at least 72 hours
- Pay a fine between $1,000 and $5,000
- Installation of an ignition interlock device for one year
- A 12-month driver’s license suspension
- Successfully complete alcohol highway safety school
- Complete an alcohol or drug treatment program, if ordered
Second DUI
With one prior conviction for drunk driving, a second DUI involving a BAC of .16% and higher is considered a first-degree misdemeanor. Under PA law, the court will typically impose the following conditions:
- A minimum of 90 days’ incarceration
- Fines between $1,500 and $10,000
- Installation of an ignition interlock device for one year
- An 18-month driver’s license suspension
- Successfully complete alcohol highway safety school
- Complete alcohol or drug treatment, if ordered
Third DUI
With two prior DUI convictions, a third DUI involving a BAC of .16% and higher is considered a third-degree felony. Under Pennsylvania law, the courts will typically impose the statutory minimum sentence of:
- At least one year behind bars (and up to seven years of incarceration)
- Installation of an IID for one year
- An 18-month driver’s license suspension
- At least $2,500 in fines
- Submit to DNA sample
- Successfully complete alcohol highway safety school
- Complete an alcohol or drug treatment program, if ordered
Besides getting charged with an offense for operating a vehicle while under the influence of alcohol, you can also face charges for the following offenses:
DUI with a Refusal to Submit to BAC Testing
If a driver refuses to submit to chemical testing of his/her breath or blood to determine his/her BAC, then Pennsylvania law imposes some of the most severe punishments, which are the same penalties as those imposed for drivers with the highest DUI impairment.
DUI by Controlled Substance
If a driver is charged with DUI because of driving under the influence of any controlled substance, then Pennsylvania law imposes those same categories of punishments that apply to drivers with the highest BAC impairment level.
Underage DUI
Those under the age of 21 face harsher BAC standards when it comes to drunk driving in Pennsylvania. If you are under the legal drinking age and get behind the wheel of a car with a BAC of .02% or higher, you will be charged with a DUI.
Depending on the facts of your case, your criminal history (or lack thereof), and several other factors, other penalties you might face for a DUI include:
Accelerated Rehabilitative Disposition (ARD)
Under the Commonwealth’s law pertaining to Accelerated Rehabilitative Disposition (ARD), the court must impose driving suspensions based on the following BAC ranges:
- No suspension if the BAC is less than .10%
- 30-day suspension if the BAC is .10% to less than .16%
- 60-day suspension if the BAC is .16% or above.
Enhanced Penalties Based on a Driver’s Status
Under Pennsylvania’s DUI laws, certain types of drivers may be subjected to the penalties normally reserved for those convicted of enhanced BAC levels, even if the BAC is not in a high category. Examples of these types of drivers include:
- Commercial drivers
- Drivers under the age of 21-years-old
- School vehicle or bus drivers
- Drivers involved in an accident that either causes property damage or personal injury to another person
- Drivers who refuse to take a chemical test of their breath or blood.
Collateral Consequences of a DUI Conviction
What many people who are charged with drunk driving fail to realize is that there are a number of non-statutory consequences of a conviction. If you are a teacher, doctor, or other licensed professional, you could lose your ability to practice your chosen career. Depending on your family situation, you could lose custody of your children. To avoid these harsh consequences, reach out to a drunk driving attorney today.
WHAT HAPPENS TO YOUR DRIVER’S LICENSE AFTER A DUI IN LOUISIANA?
Louisiana law provides for certain DUI driver’s license suspensions based on the number of prior offenses, level of impairment as measured by a person’s BAC, whether the driver was under the influence of any controlled substance, and other factors. The suspensions are as follows:
- There will be no suspension for a first offense if the driver has a BAC below .10% and is incapable of safe driving.
- A 12-month license suspension will be imposed for a second or subsequent offense if the driver’s BAC is below .10%, and they are incapable of safe driving.
- There would be a 12-month license suspension for first and second offenses if a driver’s BAC was at least .10%, but less than .16%.
- An 18-month suspension will be imposed for third or subsequent offenses if the driver’s BAC was at least .10%, and less than .16%.
- There would be a 12-month driver’s license suspension for a first offense if the driver’s BAC was greater than or equal to .16%.
- An 18-month suspension for a second or subsequent offense will be imposed if the driver’s BAC was greater than or equal to .16%.
- There is no suspension for a first offense of an out-of-state DUI conviction.
- There will be a 12-month license suspension for a second or subsequent offense of an out-of-state DUI conviction.
Ignition Interlock Devices (IID) And Limited Licenses In LOUISIANA
An IID is installed in a vehicle to prohibit someone under the influence of alcohol from operating the vehicle. Before starting the vehicle. an individual is required to blow into the device. If the device detects alcohol, it will not start. In addition, at periodic times during its operation, the individual will be prompted to blow into the device to ensure they are not under the influence. An Ignition Interlock system is leased from approved Ignition Interlock vendors and the current average costs associated with leasing an IID is between $900 to $1,300 per year.
An Ignition Interlock Limited License is also issued to drivers whose privileges are suspended or revoked for driving under the influence or refusal to submit to chemical testing. An Ignition Interlock Limited License permits an individual to only operate a motor vehicle equipped with a functioning Ignition Interlock system during their suspension or revocation period. From the date the Ignition Interlock License is issued to the time an unrestricted driver’s license is reissued, an individual may not operate any vehicle not equipped with an IID.
DEFENSES AGAINST A DUI
Upon hearing the facts of your particular case, your attorney may be able to identify defenses to your DUI arrest or address other mitigating factors to reduce your charge or even have it dismissed. Common DUI defenses include:
- The police officer did not have probable cause or reasonable suspicion to stop your vehicle.
- The arresting officer did not have cause to prolong your detention or ask you to exit your vehicle.
- The police officer did not have probable cause to arrest you for DUI.
- The arresting officer did not read you your Miranda rights before custodial interrogation.
- The breath test administrator did not follow the statutory requirements in giving you a breath test.
- The breath test machine lead to an inaccurate BAC result that was over the legal limit.