Welcome to Legal Help
Home Louisiana DUI Laws Frequently Asked Questions about DUI in Louisiana

Free Help – Ask Your DUI Questions

legal dui questions

Choose a State

Frequently Asked Questions about DUI in Louisiana

When you can be arrested for DUI in Louisiana?

In Louisiana, a person can be arrested for intoxicated driving for several reasons. The first is if a person is driving and appears to be drunk based on his/her driving pattern, physical appearance, and/or performance on any field sobriety tests. In essence, this reasoning for arrest is based on circumstantial evidence, evidence in which an inference is needed to connect a fact and a conclusion. In an intoxicated driving situation, a police officer after noticing behavior associated with being intoxicated while driving, will infer that a person is in fact intoxicated and driving a vehicle. Therefore, although each officer has discretion in making an arrest, it is very possible, and even very likely, that a person can and will be arrested for failing a field sobriety test or simply appearing to be intoxicated.

A person can also be arrested if after submitting to the legally required chemical test, his/her BAC is of 0.08% or more by weight. Furthermore, as set forth in RS 14:98.2, a person may be arrested for refusing to submit to the legally required chemical test. An underage person can be arrested for driving with a BAC of 0.02% or more.

 

 

Can I be stopped and arrested for DWI even if the vehicle was not moving?

 

Maybe – the statute requires that the person “operate” the vehicle while intoxicated, not to be driving the vehicle, which is a broader term. However the definition of “operate” should not dictate the result. Whether a person should be stopped and arrested should be determined by the sufficiency of evidence for each particular case. City of Bastrop v. Paxton 457 So.2d 168.

Do I have the right to talk to an attorney before I give a sample?

No, but it is highly recommended to speak to an attorney prior to giving a sample.

Do I have to give a blood or urine sample?

No, however immediate loss of license will occur and ability to drive will be revoked for either 180 days or 545 days, depending on if it was the first or second refusal.

Do I have to submit to a field sobriety test?

No – Louisiana law does not require a driver to consent to field sobriety test.

Can I get a DUI for Prescription Drugs?

If the operator is under the influence of a combination of alcohol and one or more drugs, which are not controlled dangerous substances and which are legally obtainable with or without a prescription, then he/she is operating a vehicle while intoxicated. However, it is an affirmative defense that the label on the container of the prescription drug or the manufacturer’s package of the drug does not contain a warning against combining the medication with alcohol. If the operator is under the influence of one or more drugs, which are not controlled dangerous substances and which are legally obtainable with or without a prescription, then he/she is operating a vehicle while intoxicated. It is an affirmative defense that the operator did not knowingly consume excessive quantities of the drug or drugs which substantially exceed the dosage prescribed by a physician or the recommended dosage from the manufacturer.


If you have any questions about speeding tickets, please ask them at our legal help forum. free legal questions

Ask Questions, Get Answers

free legal help forum

Contact a DUI Lawyer Today!