A driving while intoxicated conviction in Louisiana has strict penalties, including license suspension, jail sentencing, alcohol education and fines. However, an officer does not only charge a DWI when someone has a blood alcohol concentration of .08 or higher and shows signs of inebriation.
There are many things that can constitute a DWI. Certain things also increase the associated penalties.
Alcohol affects individuals in different ways. The UC Davis Student Health and Counseling Services discusses various factors that affect the absorption of alcohol. People also have different tolerance levels, which means that there may be an impairment of driving abilities at a lower BAC than .08. Someone who is showing impairment may face a DWI charge even if their alcohol content is low.
For drivers who are under the age of 21, the BAC limit is .02, and the penalty is license suspension. However, minors with a BAC limit of .08 or higher may face the same penalties as drivers who are 21 years of age or older.
According to the Louisiana State Legislature, you can also face DWI charges with no alcohol in your system. Certain controlled substances and even prescription drugs interfere with driving abilities, so an officer can charge you even if your BAC is at zero.
If you face arrest for a DWI, and there is a passenger in the vehicle who is 12 years old or younger, you also face child endangerment charges. This results in higher penalties, such as mandatory incarceration, probation and higher fines.