CHAPTER 8:
DRIVING OFFENSES
Driving while under the influence of alcohol or certain drugs is a crime.
ALCOHOL
When alcohol enters your stomach, it goes into your blood and to all parts
of your body. It reaches your brain in about 20 minutes. In your brain,
alcohol affects those parts that control your judgment and skill. Here are
some things you should know about alcohol:
· Alcohol is a depressant, not a stimulant. It slows normal reflexes,
interferes with judgment, reduces alertness and impairs vision. If you feel
stimulated after drinking, it is simply because your inhibitions are lowered,
causing loss of caution and self-control.
· It doesn't matter whether you drink beer, wine, whiskey or any
other alcoholic beverages; it's the amount of alcohol that enters your blood
that causes the problem.
· Alcohol can affect you differently at different times. A small
amount on an empty stomach will affect you more rapidly than it would if
you had recently eaten a quantity of food.
· Once the alcohol enters your blood there is nothing you can do
to lessen the effect. You can not return to a sober and safe condition by
drinking Black coffee, exercising or taking a cold shower. Alcohol is metabolized
(burned) by your liver and eliminated from your body through your kidneys
and lungs. This process takes time.
If you have been drinking alcoholic beverages, you are in no condition to
drive. You have placed yourself in a position where you might injure or
kill yourself or some innocent person(s). Remember that alcohol:
1. slows down reaction time.
2. creates a false feeling of confidence.
3. impairs concentration and dulls judgment.
4. blurs vision.
You cannot hide drunk driving. A trained police officer will notice
a driver who has been drinking. Some tell-tale signs are:
· Speeding. A drinking driver often thinks that he can drive
safely at high speeds.
· Weaving. Even though a driver may stay in his lane, he may
have trouble steering straight.
· Slow driving. A drinking driver may be overly cautious and
drive slower than normal traffic.
· Jerking Motion. A drinking driver often may have short mental
lapses and not keep a steady speed on a clear road.
· Quick Stops. A drinking driver may make sudden stops at
a traffic sign or light, rather than easing up to it.
(DWI) PENALTY FOR DRIVING WHILE INTOXICATED
First Conviction: Not less than $125.00 nor more than $500.00 fine and imprisonment
for not less than 10 days nor more than 6 months. In addition, if you are
18 years of age or older, your driving privileges will be suspended for
90 days; or if you are under 18 years of age for 180 days, and you must
file proof of future financial responsibility by submitting an SR-22 or
$30,000.00 m cash or security.
Second Conviction: Not less than $300.00 nor more than $1,000.00 fine and
imprisonment for not less than 30 days nor more than 6 months. The court
may order 15 days in jail and participation in a substance abuse program
and driver improvement program or; 38 days of community service and substance
abuse program and driver improvement program. In addition, your driving
privileges will be suspended for one year and you must file proof of future
financial responsibility by submitting an SR-22 or $30,000.00 in cash or
security.
Third Conviction: Imprisonment with or without hard labor for not less than
one year nor more than five years and may be fined up to $2,000.00. In addition,
your driving privileges will be suspended for two years and you must file
proof of future financial responsibility by submitting an SP-22 or $30,000.00
in cash or security.
(Note: Proof of future financial responsibility must be filed and maintained
for a three year period from date of conviction.)
OTHER DRUGS
As with alcohol, a person using drugs often does not know that he cannot
drive safely. Louisiana law provides the same penalty for driving under
the influence of drugs as it does for alcohol.
Prescription and even non-prescription drugs that you take for headaches,
colds, hay fever, allergies, or nerves can make you drowsy and can affect
your control of your car.
Many drugs have unexpected and bad side effects when they are taken with
alcohol. Never use drugs and alcohol at the same time. Before mixing
drugs, consult your doctor about possible side effects.
MARIJUANA
Marijuana, like alcohol, doesn't mix with driving. It can affect your eyesight,
and with some users, marijuana does interfere with the ability to judge
time, speed and distance. It can make the simplest task seem hopelessly
confusing. There is enough potential risk to yourself and others for you
to avoid driving while intoxicated with marijuana.
RECKLESS DRIVING
If you operate a vehicle in a criminally negligent or reckless manner you
are committing a crime punishable by a fine and jail.
HIT AND RUN DRIVING
If you are involved in an accident, or cause an accident, and do not stop,
identify yourself, and give aid, you are subject to arrest for the crime
of hit and run driving.
FLIGHT FROM AN OFFICER
A motor vehicle driver who refuses to stop, knowing a police officer has
given signal for him to stop, has committed a crime punishable by a fine
and jail.
VEHICULAR HOMICIDE
If you cause the death of another person while driving under the influence
of alcohol or drugs as defined by R.S. 14:32.1, you are subject to arrest
for the crime of vehicular homicide. This crime is punishable by a fine
not less than $2,000.00 nor more than $15,000.00 and imprisonment with or
without hard labor for not less than two years nor more than fifteen years.
ADMINISTRATIVE PER SE.
Louisiana law states that when you drive a motor vehicle upon the highways
of this state, you are deemed to have given your consent to a test for the
purposes of determining the alcoholic content of your blood and the presence
of any abused or illegal controlled dangerous substance. The test shall
be administered at the discretion of a law enforcement officer who has reason
to believe you were driving under the influence of alcohol or drugs. At
the time, the officer will advise you of both your criminal and civil rights
as they relate to your arrest and to the chemical test.
If you refuse to submit to the test, your driving privileges will be suspended
for 180 days on your first offense. If it is a second or subsequent offense,
your driving privileges will be suspended for 545 days. In addition, before
you can have your driving privileges reinstated, you must file proof of
future financial responsibility by submitting an SR-22 or $30,000.00 in
cash or security.
If you submit to the test and you are 18 years of age or older, and the
test results show a .10 per cent or more by weight of alcohol in your blood,
your driving privileges will be suspended for 90 days. If you submit to
the test and you are under 18 years of age, and the test results show a
.04 per cent or more by weight of alcohol in your blood, your driving privileges
will be suspended for 180 days. These are the specified penalties for first
offense. If it is a second or subsequent offense, your driving privileges
will be suspended for 365 days. Proof of future financial responsibility
must be maintained for a three year period from date of arrest.
LOSING YOUR DRIVING PRIVILEGES
The following is a list of various violations for which your driving privileges
will be suspended:
· Conviction of driving while intoxicated (DWI).
· Failure to stop or passing a school bus loading or unloading children.
· Manslaughter or negligent homicide resulting from the operation
of a motor vehicle.
· Any felony committed while operating a motor vehicle.
· Failure to stop and render assistance at an accident, in which
you were involved, that results
in the injury or death of a person.
· Three convictions of reckless driving committed within a 12 month
period.
· Unlawful use of a driver's license.
· Making a false statement or concealing a material fact on an application
for a driver's license.
· Failing to answer a traffic law charge.
· Driving in violation of a driver's license restriction.
· Refusal to take chemical test when arrested for DWI, or after submitting
to the test where the results show a blood alcohol content of .10% or more
for those 18 years of age or older or .04% for those 17 years of age or
younger.
· Failure to comply with the financial responsibility law when required.
· Committing an offense in another state which, if committed in this
state would be ground for suspension or revocation.
· Furnishing false certification or failure to maintain liability
insurance on your vehicle.
· Altering information on the license.
· Driving with a suspended driver's license.
A suspended driver's license must be turned in to the Office of Motor Vehicles.
A conviction of driving under suspension will cause your suspension to be
extended for one year. Driving while your license is suspended will be cause
for arrest, a court fine and/or jail.
Upon expiration of any suspension period a reinstatement fee will be required
before your driving privileges can be reinstated.
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