Motor-vehicle accidents happen every day; unfortunately, some accidents result in death. In Louisiana, about half of the deaths caused by car accidents involve drivers who were intoxicated. This is higher than the national average of 37 percent. In response to the growing number of alcohol-related fatalities, Louisiana will be considering a new bill during the 2009 legislative session. The proposed Drinking While Intoxicated (DWI) bill stiffens penalties for persons suspected of driving while intoxicated who refuse to take tests administered by law enforcement, or who, after a DWI, continue to drive with a suspended license. The intent of the stronger penalties is to curb drunk driving and take away incentives that some feel the current DWI laws give to persons refusing the breathalyzer or other chemical blood-alcohol tests.
What Is the Current DWI Law in Louisiana?
Currently in Louisiana, DWI laws include penalties for suspected intoxicated drivers who refuse to take chemical/breathalyzer tests and for persons who drive with suspended licenses. For these offenses, Louisiana’s penalties are lighter than some other states’ penalties. Present DWI penalties in Louisiana are as follows:
- A driver who refuses to take a breathalyzer test or other chemical test may have his or her license suspended for six months for a first offense.
- Subsequent refusals may result in a license suspension for 18 months.
- If the driver takes the test and fails (failing the test would mean the blood alcohol level (BAC) is between .08-.20 percent), a license may be suspended for 90 days.
- If the driver has a BAC of .20 percent or more, the license may be suspended for two years.
- If the driver has a subsequent offense has a BAC between .08-.20 percent, the license may be suspended for one year.
- A subsequent offense, with a BAC of .20 or more, may lead to a license suspension of 4 years.
Additionally, driving with a suspended license is currently a misdemeanor offense in Louisiana and a person with a suspended license may apply for a hardship license during the suspension. Furthermore, underage drivers have penalties that are more lenient then drivers over the age of 21. Underage drivers who have a BAC below .08 percent may be penalized with a fine, up to a $250.00, and substance abuse/driver improvement course.
What Are the Penalty Changes Under the Proposed Legislation?
The proposed legislation has been fully endorsed by the Governor's Task Force on DWI and Vehicular Homicide. The penalties for drivers may be quadrupled if the legislation is passed. The new bill does not address all penalties under DWI law, but focuses mainly on breathalyzer and other chemical test refusals and driving with suspended licenses after being convicted of DWI.
Under the new DWI bill, drivers who refuse (first refusal) to take breathalyzers or other chemical tests could lose their licenses for 24 months. If a driver refuses a test a second time, that penalty could be raised to four years. Additionally, if the second refusal comes within five years of the first refusal, the individual would lose the chance to apply for a hardship license while his or her driver's license is suspended.
First-time offenders who obtain hardship licenses would need to have ignition interlock devices installed in their cars. These devices require the driver to blow into a tube and have a blood alcohol content below the legal limit (generally half the legal limit) for the ignition to start. This device could only be used in certain circumstances, such as to drive to work or school.
In addition, the proposed legislation provides stronger penalties for individuals driving with suspended licenses due to previous DWIs. Penalties for a first offense could include jail time ranging from 30 days to six months. For a second offense, involving injury to persons involved in the accident, jail time could increase to 60 days (but not more than six months). A hardship license would be possible if an injury were not involved. However, if anyone were injured, the driver would not be eligible to apply for a hardship license and could not drive legally under any circumstances.
To learn more about the proposed legislation and the effect it may have on you if passed, please speak to an attorney who is knowledgeable in Louisiana's DWI laws.
