A DWI conviction can negatively impact your career, finances and overall quality of life. Hiring a skilled and aggressive criminal defense attorney to fight your DWI charge may minimize some consequences.
DWI is a serious offense in Louisiana
A DWI is not simply a traffic ticket. A DWI conviction can lead to jail time, substantial fines, a suspended driver's license and more.
The exact consequences of a DWI conviction depend on the type of DWI charge you face.
First Offense DWI
In Louisiana, a first-offense DWI is considered a misdemeanor. If you are convicted of a first-offense DWI, you may be sentenced to:
- Serve up to 6 months in jail.
- Pay up to a $1,000 fine.
- A driver's license suspension for up to 12 months. If your BAC is higher than .20, your license may be suspended for up to two years.
- Complete education programs such as the MADD victim program, driver improvement or substance abuse classes.
- Perform up to 30 days of community service.
- Submit to probation for up to two years.
- Install an ignition interlock device installed in your vehicle.
For first-time offenders, the prison term may be suspended if the offender is placed on probation and has carried out the following;
- A minimum of 32 hours of community service
- Completed a substance abuse program recommended by the court
- Attends a driver improvement program
Second Offense DWI
A second-offense DWI is classified as a misdemeanor in Louisiana. A conviction of a second-offense DWI may result in the following penalties:
- Serve up to six months in jail.
- Pay up to a $1,000 fine.
- A driver's license suspension for up to 12 months.
- Perform up to 30 days of community service.
- Complete education programs such as the MADD victim program, driver improvement or substance abuse classes.
- Install an ignition interlock device installed in your vehicle for up to 6 months.
Third Offense DWI
A third driving while intoxicated charge is considered a felony in Louisiana. The penalties for a third offense DWI are much more severe. These penalties include:
- Serve up to 5 years in jail with or without hard labor. For a third offense DWI conviction, at least one year of the jail sentence must be served without suspension or probation.
- Pay up to a $2,000 fine.
- Perform up to 30 days of community service.
- A driver's license suspension.
- Submit to probation or home incarceration.
- Install an ignition interlock device in your vehicle for up to 6 months.
- Seizure of your vehicle. Under Louisiana law, if a person is convicted of a third DWI, the prosecutor has the right to seize the vehicle of the offender.
- Submit to a medical evaluation to determine whether you are addicted to alcohol.
- Receive inpatient or outpatient treatment.
Fourth Offense DWI
All fourth and subsequent driving while intoxicated charges are considered a felony in Louisiana. Penalties stipulated for offenders include:
- Serve up to 30 years in jail with or without hard labor. Two years of the sentence must be served without suspension or parole.
- Pay a fine of up to $5,000.
- Perform up to 40 days of community service.
- A driver's license suspension, which may be for a specific time period or permanent.
- Submit to probation or home incarceration.
- Install an ignition interlock device on all vehicles the offender drives.
- Seizure of your vehicle. Under Louisiana law, if a person is convicted of a third or consequent DWI, the prosecutor has the right to seize the vehicle of the offender.
- Submit to a medical evaluation to determine whether you are addicted to alcohol.
- Receive inpatient or outpatient treatment.
*While the court may impose a suspension of your driver's license, reinstatement of your license will be handled by the Department of Motor Vehicles (DMV).*
Special Penalties
For all DWI offenses, there are special penalties imposed in certain circumstances, including:
High BAC level
if the BAC level of the offender is over 0.15%, the offender will be required to serve additional jail time that cannot be suspended. If the offender has a BAC level of more than 0.20%, an ignition interlock device (IID) will be installed in the vehicle of the offender for up to two years.
Child Endangerment
If law enforcement determines that a child endangerment law has been violated, a portion of the jail sentence cannot be suspended.
A Wreck
Getting into or causing a wreck while driving under the influence of alcohol or drugs will likely result in additional charges. These charges may include vehicular homicide and first-degree negligent injury.
A DWI conviction can impact your job and professional license.
A DWI conviction can have a wide range of consequences beyond the penalties you may face in court. A DWI on your record may result in the suspension or revocation of a professional license. Professional organizations and licensing boards that base licensure on trust and moral judgment are more likely to suspend or revoke your license if you are convicted of a DWI. These professions may include:
- Physician
- Nurse
- Educator
- Real estate agent
- Insurance agent
- Military personnel
In addition to the revocation of a current professional license, a DWI conviction may result in the denial of a license you apply for in the future.
Commercial Drivers
In Louisiana, a DWI conviction will result in a minimum one-year suspension of a commercial drivers license. For most commercial drivers, this means losing your job. In addition to losing your commercial driver license, you may be sentenced to jail time and required to pay more than $5,000 in fees.
It may also affect other aspects of your life, such as child custody or the cost of your car insurance coverage. Your auto insurance may be more expensive if you are convicted of DWI. Some insurance companies may raise your premiums, cancel your policy, refuse to renew it or refuse to write you a new policy.
If you have been charged with driving while intoxicated, it's important to know how this offense could impact your personal and professional life in the future.
What should I do after being arrested for a DWI?
If you have been arrested for DWI in Louisiana, you should talk to a criminal defense attorney right away. An experienced and aggressive criminal defense attorney can help you fight the charges.
Louisiana law allows defendants to challenge their DWI charge in court and with the help of an experienced DWI attorney, you may be able to minimize the consequences.
DWI is a serious crime that can have severe, long-term consequences. However, it's not impossible to fight the charges against you and reduce the severity of these consequences with an experienced and aggressive criminal defense attorney on your side.
The criminal defense attorneys at The Ambeau Law Firm have more than 40 years of combined courtroom experience and have helped dozens of South Louisiana residents charged with a DWI fight for the best possible outcome. Call The Ambeau Law Firm today at (225) 330-7009 for a free consultation. We're here to help.
*This blog post is not intended to serve as legal advice. Past results do not guarantee future success.*
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