• State Penal Code – LRS 32:661
• Open Container Laws – None
• Repeat Offender Laws – None
• Check Points – Yes
• Alcohol Exclusion Laws Limiting Treatment – Yes

There are four main factors that determine the severity of the penalties incurred:

1. The age of the driver
2. The substance impairing you. This may be drugs, or alcohol, or both
3. The category of your driver’s license (Restricted, CDL)
4. Whether you refused a chemical test

– Every state has some version of the “Implied Consent” law

– This law carries serious consequences for refusing a chemical test

– The penalties for refusing a chemical test in Louisiana are:

1st Refusal

• 1 year license suspension

2nd Refusal

• 2 year license suspension

3rd Refusal

• 2 year license suspension
• Prison (mandatory, judges discretion)

Louisiana also has a statute on the books that prohibits a driver from refusing a chemical test if the driver was involved in an accident that resulted in a fatality.

In Wyoming the lookback period is 10 years
Any arrest for DUI/DWI within 10 years of your first offense results in higher penalties

• Drivers under 21 with a BAC of .02% or more will be charged with DUI/DWI
• A BAC of .08% and above will result in the same penalties as drivers 21 and over

1st Offense

• 6 month license suspension

2nd Offense

• 1 year license suspension

1st Offense

• 90 day license suspension

• $300 – $1000 fine

• Prison (2 day minimum, 6 month maximum)
• 30 hours in a court approved Driver Safety Program
• Installation of Ignition Interlock Device (should you be granted restricted driving privileges)

2nd Offense

• 1 year license suspension

• $750 – $1000 fine

• Prison (30 day minimum, 6 month maximum)
• 30 hours in a court approved Driver Safety Program
• Installation of Ignition Interlock Device (should you be granted restricted driving privileges)
• 240 hours mandatory Community Service

• Louisiana is unique in terms of how it designates a charge of Aggravated DUI/DWI
• BAC levels of .15% and .20% will both result in an Aggravated charge, however the penalties differ for each
• A BAC of .15% will make you ineligible for parole, probation, or a suspended sentence during the first 48 hours of your Prison sentence
• A BAC of .20% will impose the same stipulations as .15%, and you will also be fined between $750 – $1000 in addition to any other fines assigned to you
• Any Aggravated DUI/DWI will incur an automatic 2 year license suspension regardless of BAC level.

• Those with a commercial driver’s license (CDL) are held to a stricter standard
• Accordingly, their BAC threshold is significantly lower (0.04%), and the penalties incurred are often much more severe
• An initial DUI conviction in a passenger or commercial vehicle will result in a one year CDL suspension
• A second DUI conviction in a passenger or commercial vehicle will result in a permanently revoked CDL.

• SR-22 Insurance is a requirement in many states as a condition of restoring your driving privileges
• Most, but not all states have SR-22 statutes
• In Lousiana an SR-22 must be filed with the Department of Motor Vehicles (DMV) before your driving privileges can be restored
• You must maintain your SR-22 for a period of 3 years following the restoration of your driving privileges
• Should you lapse at any point, your insurance company will inform the DMV and your license will be revoked

• Wet Reckless is a general term that refers to a plea bargain that may reduce the severity of the charge against you
• Louisiana does allow for plea bargains in DUI/DWI cases
• It can only be pleaded down to reckless driving
• This allows you to avoid a criminal record
• Any subsequent DUI/DWI arrests within the look-back period will reverse the original plea bargain
• The reckless driving will revert back to a full DUI/DWI conviction and lead to enhanced penalties in this case
• This plea bargain is typically only allowed for first time offenders with no aggravating factors involved