A phone call about your child’s arrest for drinking and driving can leave you uncertain about what happens next. Becoming familiar with Louisiana’s driving while intoxicated (DWI) laws allows you to evaluate what your options are to defend your child.
How the lower BAC threshold applies
Louisiana uses a blood alcohol concentration (BAC) of 0.08% as the general threshold, regardless of age. A separate underage charge may apply when the reading is at least 0.02% but remains below that level.
A result in that range can establish the alcohol-related element, but prosecutors must also prove that the accused was younger than 21 and operating the vehicle. Even below 0.08%, the general charge remains possible if other evidence shows that alcohol impaired the motorist’s ability to drive safely.
Why the type of offense matters
The specific charge determines which penalties your child may face. For a first conviction, consequences can include:
- The underage offense carries a fine of $100 to $250 and 10 days to three months in jail
- The general offense carries a fine of $300 to $1,000 and 10 days to six months in jail
- Probation may require community service plus substance abuse and driver improvement programs
These ranges do not predict the final sentence because courts may suspend jail time through probation if the driver meets required conditions. The criminal case is separate from the administrative process for driving privileges. A qualifying result can lead to a 180-day suspension, while refusal generally extends that period to one year.
Where the outcome could shape later opportunities
Depending on the relevant policies and surrounding facts, the impact can extend to other parts of your child’s life during the transition to college or a career:
- Campus discipline or admissions decisions
- Loss of scholarships tied to conduct standards
- Higher automobile insurance premiums
- Barriers to positions requiring vehicle use or background checks
- Additional scrutiny when entering certain regulated fields
Federal student aid does not automatically end after a DWI, but other applications are subject to different criteria. Under Louisiana law, hiring and licensing reviews generally must consider how directly the record relates to the role, while Title VII guidance recommends a similar individualized assessment for covered private employers.
What the defense may challenge
Evidence commonly comes from the officer’s observations, body camera footage, performance during field sobriety exercises and breath or blood test data. Written reports add context about how police gathered this material, while equipment logs document calibration and maintenance.
An attorney examines whether the traffic stop was lawful, required procedures were followed, each device functioned properly and any sample remained intact through analysis. Depending on the issue, counsel could request that the court exclude a BAC reading or limit its use at trial. They could also argue that the state has not met its burden of proof.
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