If you fail a breath test while driving while under the influence (DWI) of alcohol or any controlled dangerous substance in Louisiana, you may face both administrative and criminal penalties.
Administrative Penalties:
- If you refuse to take a breath test, your driver's license will be immediately suspended for a minimum of one year.
- If you take the test and your blood alcohol concentration (BAC) is 0.08% or higher, your license will also be suspended for a minimum of 90 days.
These administrative penalties can be challenged if the proper paperwork is submitted within thirty (30) days.
Criminal Penalties:
- For a first offense DWI with a BAC of 0.08% or higher, you may face up to 6 months in jail, a fine of up to $1,000, and a driver's license suspension of up to 1 year.
- For a second offense DWI within 10 years, you may face up to 6 months in jail, a fine of up to $2,000, and a driver's license suspension of up to 2 years.
- For a third offense DWI within 10 years, you may face up to 5 years in jail, a fine of up to $2,000, and a driver's license suspension of up to 3 years.
It's important to note that these penalties can vary depending on the circumstances of the DWI offense. Additionally, Louisiana has a zero-tolerance policy for drivers under the age of 21, meaning that if you are under 21 and have a small amount of alcohol in your system, you may face penalties such as a license suspension and community service.