Information on Getting an Ignition Interlock Device in the Sportsman’s Paradise State of LA
When it comes to drinking and driving and DWI arrest charges, the Louisiana Ignition Interlock laws are the same in all cities across the state of LA including Baton Rouge, Shreveport, New Orleans, Lafayette, Lake Charles, and beyond. Any driver caught operating a motor vehicle with a Blood Alcohol Concentration (BAC) of 0.08 percent or more will be charged with Driving Under the Influence (DUI) or Driving While Intoxicated (DWI). Should drivers be convicted of DWI charges, they face a number of punishments including jail time, monetary fines, license suspension, and the possibility of having to use an Ignition Interlock Device (IID) as a means to have their driver’s license reinstated. Since the penalties are so severe, it is essential that any person arrested for DWI has their arrest examined online with us for the best defense options including possible ways how to avoid an Ignition Interlock device and suspended driver’s license in Louisiana.
A blood alcohol content (BAC) level of 0.08 percent is not the only percentage that applies, however. For example, a minor (under the age of 21) driving with a BAC of 0.02 percent will also be charged with DWI in LA. Additionally, those driving commercial vehicles with a BAC of 0.04 percent will also be charged with DWI. Government research has proved that having a BAC of 0.05 percent impairs most people’s ability to drive, and everyone’s ability to drive is impaired at 0.08 percent, which is why this standard has been adopted into almost all DUI laws across the country.
What Are the Ignition Interlock Device Penalties for Driving While Intoxicated in Louisiana?
Those who are arrested and charged with DWI in the state of Louisiana face a number of different charges for their crime. Lawmakers use this method as a means to discourage drinking and driving behavior in both offenders and others. Those who are first time offenders of DWI charges in Louisiana face penalties that include:
- Jail Time Between Two Days and Six Months
- Fines and Penalties of $1,000
- Suspended Driver’s License Suspension of 90 Days
- Possible Use of an Ignition Interlock For 6 Months on Average
Should offenders have a previous DWI conviction within the past 10 years, they are considered repeat offenders and face harsher penalties. Second time DWI or DUI offenders in the state of Louisiana face penalties that include:
- Jail Time Between 30 Days and Six Months
- Fines and Penalties of $1,000
- Drivers License Suspended For One Year on Average
- A Person Will Have to Get an Ignition Interlock Device Installed
For a 3rd DWI offense in LA, or those with two previous offenses within the last 10 years, face even harsher penalties. The penalties these offenders face include:
- Jail Time Between 45 Days and Five Years
- Fines and Penalties of $2,000
- License Suspension Time of Two Years on Average
- Having to Install an Ignition Interlock Device For 1 Year Minimum
Does Louisiana Enforce an Implied Consent Law for DWI?
Like most other states across the country, Louisiana enforces what is called an “implied consent law” for DWI charges. Under this law, those who are issued a LA driver’s license in this state automatically consent to having chemical testing done to prove their BAC for DWI arrests and this test can include urine, breath, or blood testing. While a driver does have the right to refuse DWI tests, they are subject to an automatic fine and driver’s license suspension if they do so, separate from DWI penalties after conviction.
First and second time DWI offenders who refuse to have testing completed have to pay a fine and also have their Louisiana driver’s license revoked for a period of six months. Those who are third time DWI offenders and refuse testing pay a fine, have their license revoked for a period of time, and also have to submit to a minimum two-day jail term for their refusal. A driver who pleads guilty or is convicted for DWI charges, will likely be required to have to get an Ignition Interlock in Louisiana, even for a first-time offense.
What is a DWI Ignition Interlock Device and How Does It Work With Louisiana Ignition Interlock Laws?
Depending on the circumstances surrounding a Louisiana DWI offense case, it may be possible for him or her to use an Ignition Interlock device as a means to have a driver’s license reinstated after conviction. An Ignition Interlock is a device that links the vehicle’s ignition system with a Breathalyzer type device, and these devices are often used to stop repeat DUI offenders from continuing to drink and drive by requiring them to blow into the device before they can start their vehicle. These IIDs are usually installed on any cars registered to the DWI offender.
Before starting the vehicle, a driver will need to blow into the interlock – should their blood alcohol content level read below the predetermined percentage, which is usually set at 0.04, they are able to start the vehicle normally and drive. In cases where BAC reads above the predetermined percentage, the device locks the vehicle’s ignition system, and the car will not start. In some cases, when a high reading is registered, a report is generated to the local Louisiana court, the judge, and/or the individual’s probation officer from the car Breathalyzer Ignition Interlock device.
When is Using an Ignition Interlock Device Required in the State of Louisiana?
Laws have been outlined for the state of Louisiana as to when DWI offenders can be authorized to use an Ignition Interlock device as a means to getting a driver’s license back. The circumstances allowing for this type of authorization include:
- For first or second time DWI offense that plead guilty or “nolo contendere”
- First time offenders with a BAC of 0.20 percent or more, which results in suspension of the driver’s license for a period of two years;
- A restricted license can be granted with agreement to install and use an Ignition Interlock device
Who is Responsible for Paying for the Total Cost of an Ignition Interlock Device in Louisiana?
A DWI offenders are almost always responsible for the costs associated with installing and having to use an Ignition Interlock device. For the state of Louisiana, offenders should expect to pay anywhere up to $100 for the installation of the device as well as between $75 and $125 a month in lease payments. It is important to keep in mind there are a number of providers across the state that offer a variety of pricing, and some even offer free installation for leasing the DWI interlock device from them.
What is the Process of Having to Get an Ignition Interlock Device Installed in Louisiana?
When offenders are authorized to install and use a DWI Ignition Interlock in Louisiana, they are given a window of time in which to have the device installed and have it operational. Individuals need to lease the IID from an approved provider for the state of Louisiana – these providers can be found across the state, and a full list of companies can also be located on the Louisiana DMV website. Offenders need to work with this company to lease the device.
Once the interlock device has been leased, it needs to be professionally installed to the state standard. Once this has occurred, DWI offenders often have to report back to their probation officer, judge, or the court to notify them the leasing and installation of the Ignition Interlock is complete. In some cases, they may need to provide proof of this process, which usually consists of the copy of the IID lease agreement as well as a copy of the receipt of when the device was installed. After a Louisiana Ignition Interlock lawyer reviews a driver’s own arrest situation online with us, they can then be in a better position to inform a person of any possible ways and solutions for how to avoid having to get and install an Ignition Interlock device in:
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[/column] [column col=”1/4″]St James Parish
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