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LOUISIANA DEPARTMENT OF PUBLIC SAFETY
OFFICE OF MOTOR VEHICLES
Section:II Driver's License LawsEffective: 07/01/1986
Number:8.00Revised: 06/25/2015

DWI / UDUI

POLICY:

Completely Revised

To view Louisiana Statutes: http://www.legis.state.la.us/

AUTHORITY
R.S. 14:98, 98.1
R.S. 32:896
R.S. 32:414
R.S. 32:414.2
R.S. 32:407

DEFINITIONS
The Department shall suspend the driving privileges of any person upon receiving satisfactory evidence of conviction for a charge of Driving While Intoxicated (DWI) or Underage Driving Under the Influence (UDUI) as required under the laws of this state.

Driving While Intoxicated (DWI) - a conviction received from any District, City, Municipal, Federal or Magistrate court having traffic jurisdiction for operating a motor vehicle while under the influence of beverages of alcoholic content with a BAC of .08 or above, of narcotic drugs, or of central nervous system stimulants.

Underage Driving Under the Influence (UDUI) - a conviction received from any District, City, Municipal, Federal or Magistrate court having traffic jurisdiction for operating a motor vehicle while under the influence of beverages of alcoholic content with a BAC of .02 - .079 and under the age of 21 and the conviction date is prior to August 15, 2007. Any UDUI conviction received with a conviction date of August 15, 2007 or after will be processed as a DWI.

NOTE: Effective on convictions with a date of August 15, 2007, the 2007 Regular Legislative Session amends the existing law pertaining to the duration of the suspension periods. The duration of suspension periods is the same for all persons regardless of age.

Suspension Periods
LAW
Violation
Suspension Period for Conviction Date August 14, 2007 and Before
Suspension Period for Conviction Date of August 15, 2007 and After
R.S. 32:414A(1)
DWI 1st
90 days (3 months)
365 days (1 year)
R.S. 32:414A(1)(c)(i)
DWI 1st with BAC .20+
730 days (2 years)
730 days (2 years)
R.S. 32:414B(2)
DWI 2nd
365 days (1 year)
730 days (2 years)
R.S. 32:414A(1)(c)(ii)
DWI 2nd with BAC .20+
1,460 days (4 years)
1,460 days (4 years)
R.S. 32:414D(1)
DWI 3rd
730 days (2 years)
1,095 days (3 years)
R.S. 32:414A(1)
UDUI
180 days (6 months)
365 days (1 year)
R.S. 32:414.2
DWI with BAC .04
N/A
N/A

Disqualification Periods
If a conviction of a DWI or UDUI is received and a Commercial Motor Vehicle (CMV) was being operated or the operator holds a class A, B, or C driver's license while operating a private vehicle, the driver must also serve a disqualification period.
  • Driving CMV Ist - 365 day (1 year) disqualification period.
  • Driving CMV/Hazmat 1st - 1,095 day (3 year) disqualification period.
  • Driving a private vehicle with a license class of A, B, or C - 365 day (1 year) disqualification period.
  • A subsequent major conviction/violations received while operating a CMV or by an operator with a Class A, B, or C driver's license while operating a private vehicle requires a permanent disqualification period. See Section 2 Policy #3.00 Commercial Motor Vehicle Enforcement

METHODS OF COMPLIANCE
  1. Serve mandatory suspension and/or disqualification period of the driving privileges.
2. File proof of future financial responsibility for a period of three (3) years from the date of conviction.
3. Pay the applicable reinstatement fee required in addition to any other fees owed for other statutory requirements.
  • DWI 1st - $100.00,
  • DWI 2nd - $200.00
  • DWI 3rd or subsequent - $300.00,
  • UDUI - $60.00

NOTE
Louisiana RS 32:407, amended in 2008, requires proof of completion of a 30-hour classroom driver education course or a 6-hour prelicensing course at the time of reinstatement for this violation for any driver who has an Intermediate License, 16 years of age with a 61 restriction. The course completion date must be after the date of violation. The 8-hour behind the wheel training is not required. At the age of 17, however, the course is no longer required for reinstatement. Act 605 does not waive this requirement.

RELATED POLICIES
Section II 3.00 Commercial Motor Vehicle Enforcement
4.00 Suspension and/or Disqualification Dates
6.00 Article 894 Code of Criminal Procedure
30.00 Hardship License Requirements
36.00 Reinstatement Fees
38.03 National Driving Register (NDR) Problem Driver Pointer System (P.D.P.S.)
Section III 14.00 Proof of Future Financial Responsibility


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