Louisiana DWI Penalties: What You Need to Know When Arrested for Driving While High
The legal drinking age in Louisiana is 21. However, there are some exceptions (medical reasons) for teenagers. Minors accused of drinking outside of these restrictions face severe consequences.
Since Louisiana is a zero-tolerance state, you might be arrested for driving while being high. The consequences of driving under the influence of marijuana are equally as severe as drunk driving.
Weed-related DWIs may have serious consequences, so let us take a closer look at how the state of Louisiana views driving while intoxicated and what might happen.
What is DWI?
DWI stands for "Driving While Intoxicated," used in several jurisdictions. State preference is a significant factor in using the two phrases, yet they have similar meanings. It implies that you are driving a vehicle while impaired by a drug or alcohol.
The most typical cause is alcohol. However, it may also refer to prescription medications, whether or not they are prescribed. Cough medication and marijuana are both included in this category in several jurisdictions.
It counts as a DWI or DUI if the substance (alcohol, marijuana, or other drugs) affects your perception, response times, or general function or is legally defined as a drug that does so.
Despite the legalization of marijuana throughout the country, it remains prohibited in Louisiana. Even legal use might cause you to lose your ability to drive.
Although marijuana induces feelings of bliss, it also slows down your overall functioning and relaxes your muscles. Delays in decision-making and response times occur as a result. So naturally, you do not want to be doing this while driving.
For those charged with a DWI for a marijuana-related offense, you must understand Louisiana's DWI regulations.
What to Do If You're Arrested While Being High
Suppose, you have been pulled over for DWI by the cops while inebriated. What should you do in that case? Remember that proving a marijuana-related DWI is more complicated than proving an alcohol-related one. Sobriety and breathalyzer tests are available for alcohol. On the other hand, none of these methods is effective with marijuana.
It is necessary to submit to a blood or urine test, which can only be performed after an arrest (they need to show a warrant). If they ask you to pee in a cup or draw blood on the side of the road, you have the right to refuse. You cannot be arrested unless there is probable cause. But if they think your refusal is unlawful, they will arrest you.
There are no marijuana-specific DWI statutes in the state of Louisiana, making the issue a little more complicated. However, if you are arrested while being high, a DWI attorney is your best bet in any situation. Louisiana DWI attorneys are always prepared to fight for your rights.
Zero Tolerance for Drunk Driving
For adults, drinking may be appropriate in certain situations, but driving under the influence of alcohol is never acceptable. Since teens are still learning how to drive, Louisiana's law substantially reduces the permissible blood alcohol percentage a teenager can have while driving.
There is a legal limit of 0.08 percent (or higher) blood alcohol concentration for drivers over 21 and a lower limit of 0.02 percent (or higher) for minors.
Permissible Drinking Instances
In Louisiana, minors can drink alcohol on private property that does not sell it. A parent or legal guardian's consent is also required. For religious or medical reasons, minors can drink alcohol.
DWI Penalties
Let us assume a judge rules that you were convicted of driving under the influence. If you are acquitted of possession, you will face the same penalty as if you were convicted of a DUI. However, the severity of your punishments will vary, depending on how many times you have been arrested for DWI.
First Offense
It is considered a misdemeanor to get a first-time DWI conviction. In addition to six months in prison, a court may also impose a fine of between $300 and $1,000. Probation of two years or more, 32 hours of community service, and 30 hours of DWI re-education are all possible punishments for a first-time DWI offender.
Second Offense
It is also a misdemeanor if this is your second DWI. The punishments increase from a $750 to a $1000 fine, at least 48 hours in prison, another re-education class, and an additional 30 hours of community service in the event of a second conviction.
Third Offense
This is the point at which a DWI becomes a felony offense. If convicted of a crime, you face a term of one to five years in state prison, of which one year is not eligible for early release. Additional 30 days of community service will be needed, as well as a $2000 fine and an examination to evaluate the level of your drug abuse.
At the very least, you will have to go through one month of inpatient drug rehab and another 12 months of outpatient rehab. Even if your sentence is reduced, you will probably spend the balance of it under house arrest, even if the prosecution seizes your car.
DWI Penalties for Minors
To discourage underage drinkers from getting behind the wheel, the state of Louisiana imposes stiff fines and jail time for those who are detected. Minors risk up to six months in jail, a $1,000 fine, and a possible one-year license suspension for a first violation. The minor may face up to six months in jail, a $1,000 fine, and a two-year license suspension for a second offense.
However, teenagers are not the only ones who can get into trouble. The state adopted the law of implied consent. Any time a person is arrested on suspicion of drunk driving with a Louisiana driver's license, they automatically consent to a breathalyzer test to determine their blood alcohol concentration.
Conclusion
You implicitly consented to the implied consent statute when you obtained your driver's license. Police officers can ask for a breath test if they believe you are driving while intoxicated on a public road. Alcohol or drug use can cause impairment.
If you do not pass the test, your license will be suspended. Keep in mind that 0.08 percent is the legal limit for breath alcohol concentration. If you refuse to take the test, your suspension will be extended. Within thirty days of your arrest, you have the opportunity to seek an administrative hearing to dispute the suspension.