Articles Posted in DUI/DWI

It is already that time of year again. Time for the purple, green and gold. Time for king cakes, krewes, beads and parades. Mardi Gras season brings great joy and revelry to the New Orleans area. However, your feelings of excitement and good cheer can turn sour if you find yourself facing a DWI charge. Should you find yourself in such a predicament, it is vitally important to know what to do in order to prevent a bad situation from becoming even worse, especially if you’re visiting from another state.

• Learn more about Louisiana’s DWI law.

During Mardi Gras, the population of New Orleans roughly doubles. Both locals and visitors alike who choose to consume alcohol or other controlled substances as part of their Mardi Gras experience should be keenly aware that area law enforcement agencies ramp up to enforce a “crackdown” on drunk drivers during this time of year. Law enforcement officers have powerful tools at their disposal, too, including a $350,000 mobile unit that can perform DWI breath analyses in the field, the Times-Picayune reported.

This emphasis exists because Mardi Gras typically is the most dangerous time of year on area roads. According to the Louisiana Highway Safety Commission statistics from 2010, the period from Friday evening through midnight on Fat Tuesday saw 509 crashes involving injuries or fatalities. That number was higher than any other holiday during the year. Six people died in drunk driving-related accidents, tying Mardi Gras with Christmas for the most DWI-related fatalities.

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If you find yourself pulled over by a law enforcement officer who suspects you of driving drunk, you have many choices available to you and several decisions you must make. One of the first of these is to submit to, or refuse, a blood, breath or urine test. Refusing to undergo such a test can trigger a number of possible ramifications of which you should be aware.

The law in Louisiana contains a provision known as “implied consent.” Implied consent means that, if an officer makes a legal stop with probable cause to suspect that you were driving drunk, then you must consent to taking a test to determine your blood-alcohol content. The law requires the officer to read you an “Implied Consent Warning,” which states all the possible consequences to you if you refuse to submit to a test. If the officer fails to warn you about the ramifications of refusing, you may later be able to persuade a judge to throw out your refusal and decline to punish you for it.

• Learn more about Louisiana’s DWI law.

If the officer gave you with a proper warning, and you still refused, then several things may happen. Refusal to submit triggers an automatic suspension of your driver’s license unless you petition the Office of Motor Vehicles for a hearing, and do so within 15 days of your arrest. Your automatic suspension will last 180 days if this is your first refusal, otherwise the suspension will run 545 days. If it is your first refusal, you may apply for a hardship license after three months. If it is not your first refusal, you are ineligible for a hardship license.

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Some states require special aggravating circumstances or multiple convictions before they impose an ignition interlock device requirement. Louisiana is not one of them. Louisiana law regarding DWI/DUI contains many strict provisions in the state’s effort to curtail or stamp out drinking and driving. The state is one of only eight that requires even first-time offenders to attach an ignition interlock device to their vehicles. It is extremely important to understand what this process entails and what it means to your ability to continue driving if you’re convicted of drinking and driving. Sometimes, this provision can be waived and not imposed on a first-time offender.

• Read more about Louisiana’s DWI law.

Ignition interlock devices, also known as IIDs or BAIIDs, are mechanisms that attach to vehicles’ dashboards and connect to the ignition system. The device requires the operator to blow a breath sample, which it then analyzes to determine the operator’s blood alcohol content. If the sample indicates that the driver is sober, the ignition system will work. If not, the vehicle will not start.

Be aware that ignition interlock devices are often quite expensive. The ignition interlock device on your car must come from a manufacturer approved by State Police Applied Technology. Currently, the state has seven approved vendors for ignition interlock devices. The driver must pay for the installation of the device and also pay a monthly lease fee. Given that installation may cost as much as $100 or more, along with a monthly fee of $50-100, the total cost of your ignition interlock device can set you back several hundred dollars, even for a duration as short as just six months.

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