What Are the Five Ways That a Person Can Be Convicted of DWI In Louisiana?
Updated: Aug 23
Driving under the influence of alcohol or drugs (DWI) is a punishable offense in Louisiana and is considered to be a serious crime by the state.
Moreover, Louisiana is one of the states which strives to lower the number of drunk driving road accidents and prevent fatalities caused by drunk driving. Keep reading the article below to learn more about DWI laws in Louisiana, including the five ways a person can be convicted of DWI in Louisiana.
The five ways a person can be convicted of DWI in Louisiana
Below are the five ways a person can be convicted of DWI in Louisiana.
Per Se DWI (Being under the influence of alcoholic beverages)
The first and most direct way to be convicted of DWI in Louisiana is by driving a motor vehicle with a BAC (blood alcohol concentration) of .08% or more. In addition, it is the permitted limit in Louisiana, and if a driver has a BAC above this permissible level, they can be charged with DWI. And this BAC level is checked by blood, breath, or urine tests.
Driving a Motor Vehicle Under the Effect of a Controlled Dangerous Substance
If an individual is found to be driving a driver under the influence of a controlled dangerous substance, they can be convicted of DWI. Proof for this offense can come from a medical test of the driver's urine or blood.
Driving Under the Influence of Alcoholic Beverages (Factual Determination)
Besides driving a vehicle with a BAC (blood alcohol concentration) of .08% or more, an individual can also be convicted of DWI if they are driving a motor vehicle under the influence of alcoholic beverages. It indicates that their capacity to drive safely is reduced due to the impact of alcohol , even if their blood alcohol concentration is below .08%. The proof for this type of offense can come from the conduct and activities of the driver, such as poor coordination, slurred speech, and irresponsible driving.
Driving a Motor Vehicle While Intoxicated by the Combined Effect of Legal Alcohol and Drugs
An individual can be convicted of DWI in Louisiana for driving a motor vehicle under the effects of legal drugs and alcohol. This type of DWI is especially damaging because the mixture of these substances can significantly impair a person's capability to drive safely. Proof for this type of offense can arrive from a medical examination of the driver's blood or urine and the conduct and activities of the driver.
Driving a Motor Vehicle While Intoxicated by Having One or More Non Controlled Dangerous Drugs in the Body
In Louisiana, driving a vehicle under the influence of some legal non-controlled dangerous substances in the human body that affect the driver’s ability to drive is unlawful. And if a person is found to have such substances in their body while driving a motor vehicle, they can be convicted of DWI (Driving while Intoxicated). Proof for this conviction can arrive from a medical examination of the driver's blood or urine.
Role of Law Enforcement Officer in Implementing DWI Laws
Law enforcement officials play a vital part in implementing DWI regulations in Louisiana. They are accountable for controlling drivers suspected of driving under the influence of drugs and/or alcohol and performing field sobriety tests to define their level of inebriety. If the driver fails the sobriety tests, they are charged and taken to the police station for further examination.
Furthermore, law enforcement officers should strive to guarantee that all tests are conducted accurately and follow state laws. They must also record all relevant proof, including the field sobriety examination and breathalyzer test results, and present it to the judge.
Privileges of the Accused
People accused of DWI in Louisiana have specific rights, including the right to have a lawyer, the right to a trial, and the right to remain silent. In addition, the accused holds the right to hire a defense lawyer to represent them in the tribunal, and the lawyer can challenge the proof against their client and attempt to get the case dismissed or to negotiate a plea bargain.
In Louisiana, an individual can be sentenced to DWI in several ways, including driving a vehicle with a BAC of more than .08%, driving a motor vehicle under the effect of a controlled dangerous substance, and operating a motor vehicle under the influence of drugs and/or alcohol as determined by the trial judge.. Therefore, it is necessary to comprehend these diverse ways to avoid the repercussions of a DWI conviction, including penalties, jail time, and a criminal record.
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This information has been provided for informational purposes, is not intended, and should not be construed as legal advice. Please consult your attorney regarding any specific situation under Louisiana law and the applicable state or local laws that may affect your legal rights.