Is there a difference between a DWI and a DUI in Louisiana?

Several clients — mostly from other states — get hung up on the terminology surrounding a DWI. They will often call and say they received a DUI, not a DWI. In Louisiana, driving while intoxicated, or DWI, and driving under the influence, a DUI, have the same meaning. While the terms appear interchangeable, in Louisiana, we use DWI to refer to drunk driving. Driving while intoxicated will appear on your record if you are arrested for DWI. 

What is DWI in Louisiana?

In Louisiana, driving while intoxicated is governed by Louisiana R.S. 14:98. That statute defines driving while intoxicated as operating a motor vehicle with your blood alcohol content, BAC, over 0.08% or higher. Most people assume this is the only way to receive a DWI in Louisiana. That is not the case. You can also be charged with a DWI if you are under the influence of drugs that impact your ability to operate a motor vehicle safely. The drugs involved in a DWI are not just meth, cocaine, heroin, and marijuana, but they can also be legally prescribed medications that lead to you being impaired while operating a motor vehicle. I find this commonly occurs in people who mix alcohol with their prescription medication before operating a motor vehicle. Often, people do not realize the impact of a glass of wine and their prescription medication. They assume they will not interact. However, that is not always the case. 

How significant is the blood alcohol level?

There is a legal presumption you are intoxicated if your BAC is 0.08% or higher. If you submit to the intoxilyzer and blow a 0.08% or higher, you will be arrested for DWI. I have clients who blow lower and are still arrested if the officer believes there are additional imparting factors, like marijuana use, indicated. If you are under the age of 21 and blow a 0.02% or higher, you will be charged with underage driving while intoxicated, and commercial truck drivers will be charged if their BAC is 0.04% or higher. There are also increased penalties based on how high you blow.

Keep in mind the laws and interpretations are continually changing. As rulings come down from different courts and jurisdictions, these rules are apt to change. 

If you or someone you know has a question about the difference between a DWI or a DUI, or if there is a DWI charge pending, do not hesitate to contact the law office of Larrion L. Hillman at 318-549-9180. This blog is not intended as legal advice, nor does it form an attorney-client relationship. Larrion Hillman practices criminal defense in Caddo Parish, Webster Parish, and Bossier Parish, Louisiana. 

And remember, keep calm and let Hillman handle it.