Driving under the influence (DUI) of drugs or alcohol is a severe offense in Louisiana. A DUI charge can inflict all sorts of penalties against a motorist, including criminal charges, civil charges, and suspension or revocation of a driver’s license. However, many motorists do not always see the impacts of a DUI charge directly. A common form of penalty is rate hikes on a motorist’s car insurance premiums.
What are DUIs?
Motorists should generally understand that operating a motor vehicle while intoxicated is against the law. However, it is essential for drivers facing DUI convictions to comprehend the factors of a typical DUI case.
Under Louisiana state law, a motorist can be charged with a DUI under one of the following circumstances:
- The motorist’s blood alcohol level is .08% or greater.
- The motorist is operating a motor vehicle while intoxicated with a controlled substance (for example, drugs like marijuana, cocaine, or heroin).
- Operating a motor vehicle while under the influence of alcohol and certain legal narcotics like painkillers or anti-anxiety medication.
- Operating a motor vehicle while under the influence of alcohol.
A law enforcement official may pull over a motorist they suspect is driving under the influence. Under the plain view doctrine, a law enforcement officer can legally search a vehicle and commence an in-the-field sobriety test if they observe open containers of alcohol or drug paraphernalia by looking into the vehicle or smell odors like alcohol or marijuana emanating from the vehicle.
DUI Penalties
Many DUI penalties are based on the facts surrounding each case. However, common DUI offenses include the following penalties:
- First Offense: Up to six months in jail, fines of up to $1,000, and probation, including the possibility of a driver’s license suspension.
- Second Offense: Up to six months in jail, fines of up to $1,000, and a minimum of six months of probation, including driver’s license suspension.
- Third Offense: Up to five years in jail, fines of up to $2,000, and driver’s license suspension with probation and substance abuse treatment.
Other penalties can include increased jail time and fees, depending on the circumstances of the DUI charge. A court may also revoke a license, impound a driver’s vehicle, and take ownership of a vehicle through civil forfeiture.
SR-22 Licenses
When a motorist incurs a DUI charge, insurance providers almost always want to eliminate coverage or require the motorist to change their policy. Therefore, upon notification of a DUI charge, an insurance provider usually requires the motorist to obtain an SR-22 License from the Louisiana Office of Motor Vehicles (LOMV).
What is an SR-22 License?
An SR-22 License is a supplemental certificate demonstrating a motorist’s financial accountability to pay for the insurance policy. Most DUI charges in Louisiana include suspending the motorist’s driver’s license. Once this occurs, a motorist may still operate a motor vehicle but must obtain an SR-22. Insurance companies will still insure drivers with an SR-22 License but will likely charge higher premiums.
How Long Do Motorists Keep Their SR-22 License?
The duration of SR-22 Licenses varies between the factual issues presented in many DUI cases. However, many states, including Louisiana, require a driver whose license has been suspended due to a DUI charge to maintain an SR-22 License for three years.
Suppose, at any time, a motorist cannot maintain insurance coverage (for example, unable to pay premiums). In that case, the insurance company must contact LOMV, which may revoke the motorist’s SR-22 License.
Duration of an SR-22 License
Although many Louisiana motorists will find themselves holding an SR-22 License for at least three years, this is not always the case. Below are typical examples of SR-22 Licenses being issued for varying durations depending on the circumstances that led to a DUI conviction:
- 6 Months: Some first-time offenders may only need to hold an SR-22 for no more than six months.
- 9 Months: A motorist that has prior convictions (DUI or not) committed personal injury or property damage because of the stop that led to a DUI conviction, aggravating circumstances during the stop, or blood-alcohol levels of 0.15% or more, can result in the suspension of the driver’s license for at nine months.
- A year or more: motorists may have their driver’s licenses suspended for at least a year if their blood alcohol level is 0.20% or more and may require an Ignition Interlock Device (IID), requiring the motorist to use a breathalyzer to activate their vehicle.
Car Insurance Premiums After a DUI Charge
DUI charges can wreak havoc on a motorist’s driving records, which can cause all sorts of headaches in the months and years after a conviction. One of the most common issues motorists encounter after a DUI charge is inflated prices on car insurance premiums. Insurance companies excel at compiling massive amounts of data on drivers to set insurance rates. As a result, car insurance providers can lawfully increase car insurance premiums of a driver convicted of a DUI charge.
By the Numbers
Based on data last updated in August 2021, Insure.com has compiled the following statistics regarding Louisiana car insurance premiums once a driver has been convicted of a DUI:
- Average yearly car insurance premium before a conviction: $2,228.
- Average yearly car insurance premium after a conviction: $3,292.
- Percentage increase: 48%.
Finding Insurers
Some insurers automatically deny drivers deemed as “risky” car insurance coverage. Other insurers may only offer simple liability to ensure other motorists and pedestrians are covered in case of an accident. Drivers with a DUI conviction may obtain comprehensive coverage but will likely have to pay an additional premium on that coverage.
How Long Does a DUI Charge Stay on a Driver’s Record?
Unfortunately, drivers with a DUI charge in Louisiana will maintain that record for at least ten years. However, Louisiana does allow drivers to wipe DUI convictions from their driving record, generally referred to as record expungement. Interested drivers should contact a record expungement attorney for advice on clearing a DUI charge from their record.
