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Driving While Intoxicated - (DWI)
Louisiana drunk driving laws allow for prosecution for
DWI of persons who are either under the influence of
alcohol and/or drugs, or who are driving with a blood
alcohol content of .08% or more. DWI arrests are
generally misdemeanors, but may be considered a felony
DWI where there are two drunken driving prior convictions
within 10 years.
If the test results are between .05% and .08%, there is
no presumption regarding alcohol impairment. However,
where the blood alcohol content is .08% or greater, there
is a presumption that the driver is impaired.
Drunken driving law in Louisiana requires someone
arrested for DWI to submit to a test of their blood,
breath or urine if requested by a peace officer. Refusal
to take the chemical test following a drinking and
driving arrest shall be admissible in court as
consciousness of guilt, and carries with it additional
driver's license consequences. If you have refused to
submit to a chemical test, your license may be suspended
for a period of six months for a first refusal, or for
545 days if you have previously refused to submit to such
a test. If you have an unlawful BAC, your driving
privilege will also be suspended for six months for a
first offense, and one year for a second offense.
SPEED
Excessive speed is often the factor that turns a minor
incident into fatal crash. The laws of physics tell us
that crash severity increases disproportionately with
vehicle speed. A frontal impact at 35 mph, for example,
is one-third more violent than one at 30 mph. When
driving at 75 mph, you have little chance of living
through a crash. Driving at such a speed during bad
weather or at night means you are over driving your
headlights. Since your stopping distance is greater than
your visibility,
You're gambling that you can stop quickly in an
emergency. You can't. Furthermore, you are breaking the
law since 70 mph is the maximum speed limit in Louisiana.
The General Speed Law is that you must not drive at a
speed greater than is reasonable. You must drive at a
safe, appropriate speed depending on the area in which
you are driving, the road and traffic conditions, light
and weather conditions.
SPEED LIMITS
- You must not drive faster than the posted maximum limit.
- You must not drive slower than the posted minimum limit.
- While driving within the posted speed limit, you must not drive
so slowly that you hold back other traffic.
- Reduced speed limits are required in the following areas:
On streets near schools and playgrounds and at locations
marked with a "school crossing " sign when children are
present.
On streets in residential or business areas.
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While excessive speed is a main factor in crashes,
driving too slowly is also dangerous. Motorists tend to
get impatient with another motorist who is driving too
slowly and take unnecessary chances to get around him.
Minimum speeds are posted for many highways.
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