What Happens When You Get Arrested for a DUI in Louisiana?

Arrest Process

If a Louisiana officer pulls you over because he suspects you are driving under the influence of alcohol or another mind-altering substance, he will want to interact with you to see if that is, in fact, the case. After telling you his suspicions, he will likely ask you to undergo a series of tests, which typically includes a chemical test, to determine if your driving ability is impaired. If he determines that it is, you will be arrested. He will detain you and book you back at the police station. The booking process consists of photographing, fingerprinting and searching you. He may also ask you a series of questions, such as how much you have had to drink. You may politely decline to answer any questions without a lawyer present. After you've been booked and sobered up, you will typically be released and a preliminary hearing will be set. You should retain counsel to attend this hearing with you. If the judge determines that there is enough evidence to uphold the DUI charge, then a trial date will be set.

Refusing Testing

Note that refusing to submit to the officer's tests will not prevent you from being arrested. Like most states, Louisiana law officers can administer numerous tests to determine if an individual is too impaired to drive. If he refuses to take a breathalyzer or urine or blood test, the individual will receive a fine between $300 and $1,000 and may serve between 10 days and 6 months in jail. These penalties may be waived if an individual serves 2 days in jail and attends substance abuse and driver improvement programs or if he performs 4 full days of community service and attends the two programs.

Penalties

If you go to trial and get convicted of a DUI, you may face a barrage of penalties that includes jail time and fines. Penalties in Louisiana largely depend on your criminal record and whether you are a multiple offender. First-time offenders will typically have their license suspended for 90 days and may face a fine of up to $1,000 or up to 6 months in jail. These penalties become significantly more severe if the individual has already been convicted of one or more DUIs in the past. For example, if this is the fourth time you have been convicted of a DUI, you will face a mandatory 30 days in jail, 6 weeks in an in-patient substance abuse program and 1 year in an out-patient substance abuse program. They may also face up to 30 years in prison, home confinement for up to 5 years, up to $5,000 in fines or have their vehicles taken away. Note that a first-time DUI conviction will earn you a criminal record if you did not previously have one. Note, too, that a Louisiana judge can require you to attend a driver improvement program or complete a certain amount of community service hours.

Resources

• Louisiana Drunk Driving Fines & Penalties
• State of Louisiana Website - State Driver Guide