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Louisiana DUI Law Change

24 08.09

The Louisiana State Legislature passed new DUI laws in its 2009 legislative meetings. Signed into law by Governor Jindal on July 1, 2009, the state is adopting more severe penalties for driving with a suspended license and mandatory license suspensions for refusing sobriety tests.

ACT 236 addresses the ability for law enforcement officers to arrest individuals driving with a suspended license for DUI or vehicular manslaughter. Previously, if a person was caught driving with a suspended license, they were ticketed and released. Without extenuating circumstances, there was not more punishment other than this ticket. The new ACT provides for an arrest with 15 days to 6 months in jail. This law only applies if the license suspension was the result of an alcohol-related event.

ACT 288 increase the suspension assessed for drivers who refuse chemical testing after a  DUI arrest. A person who refuses a test will now have a mandatory suspension of one year. If a test is refused on a second offense, the mandatory suspension is 2 years.

Previously Louisiana DUI law permitted a 180 day and 545 day suspension period for first and second refusals.

Also, if there is fatality or serious injury resulting from a DWI accident, the state of Louisiana will not allow a person to apply for a hardship license.

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