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Drunk driving charges brought to minors and adults both

Being involved in a drunk driving incident can be embarrassing and can mean that you are the topic of water-cooler gossip -- even if it wasn't you dong the driving. A parent or guardian of a minor child can be charged with criminal negligence if the child is drinking and driving. If there is an open container of alcohol in the car, this can also result in charges.

Not only is it against the law for a minor to have an open container of alcohol in a vehicle, it is also unlawful for an adult to have alcohol open in a vehicle.

If your minor child is issued a blood alcohol content test, or a Breathalyzer, and they blow .02 or greater, they and you can both be charged.

If you are the driver and you, as an adult over the age of 21, blow a Breathalyzer test of .08 or greater, you can be charged with driving under the influence.

Driving while intoxicated has penalties. The first offense will see your driving privileges suspended for a full year. A second offense of DWI will get you a two-year suspension. Three year's suspension for subsequent offenses beyond that will be assessed. There are additional penalties, too, such as fines, possible jail time and alcohol classes.

It is actually illegal in the state of Louisiana to refuse a breath test. You will automatically get a year-long suspension at the first refusal and two years for a second or beyond. This doesn't mean you are off the hook. It means you will likely have a blood test to prove your BAC.

Having the knowledge ahead of time to know what you ought to do is so valuable. However, having an attorney who is experienced in this type of case can also be valuable. They know the laws and can help you learn your options.

Source: Louisiana Highway Safety Commission, "Traffic safety laws," accessed July 05, 2015

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