Having a louisiana dwi laws on your record could hurt you in several ways. For example, most job applications require you to disclose arrests. This can tarnish your application and may even get you fired.
A DWI can also affect your civil rights. If you were injured by a drunk driver in Louisiana, you could be entitled to compensation.
First Offense
If it’s your first offense in Louisiana, you could be facing jail time, fines and license suspension. You’ll also be ordered to complete a substance abuse program, community service and driver improvement courses. An ignition interlock device may be required as well.
Whether you’re intoxicated or not, an officer can arrest you for driving while impaired if you’re found to be operating a vehicle while having a BAC above 0.08%. The term “operation” doesn’t just mean moving the vehicle’s wheels, but it can include other actions like manipulation of controls and use of the horn.
Underage offenders must submit to a breath or blood test. If you refuse, your license will be seized. A skilled and experienced DWI attorney can help you obtain a hardship license if necessary.
Second Offense
Unlike a first offense, second offense Louisiana DUI arrests carry more serious consequences. Offenders face a mandatory jail sentence and fine, probation, treatment and community service. They may also face a license suspension from the Department of Public Safety, vehicle forfeiture, installation of an ignition interlock device and requirement to obtain SR-22 insurance.
A driver can be charged with a second offense of driving while intoxicated if they have a BAC of 0.08% or higher. The crime is considered a misdemeanor under La RS 14:98.
Second offenders are typically sentenced to a minimum of 30 days in jail and up to 6 months. This can be suspended if the offender completes 240 hours of community service, participates in a substance abuse program and attends a driver improvement course.
Third Offense
In Louisiana, a third offense DWI conviction can result in jail time, fines, probation, community service, treatment, ignition interlock, license revocation and more. It can also impact employment, especially if the offender is in a profession like nursing or law where having a DUI on your record can cause you to lose your job.
The state’s “DWI cleansing period” is a ten year span where prior DUI arrests do not count against offenders for sentencing purposes. This is unless the victim is a child between the ages of twelve and under. This is because the laws regarding child endangerment specifically state that sentence suspension cannot work if a minor is in the vehicle when the DUI crime was committed.
Fourth Offense
A fourth DUI conviction in Louisiana is a felony and carries more severe penalties than a first or second offense. A judge could order up to two years of probation, 48 hours of mandatory jail time (unless a child 12 or younger is present in the vehicle at the time of the DUI arrest), community service and re-education programs.
A person who gets convicted of a DWI in Louisiana might lose their job if their employer learns about the conviction and fires them. The DWI can also cause car insurance problems and may even lead to a company not renewing the driver’s policy. The driver could also be required to install an ignition interlock device on all of their vehicles. Moreover, the arrest could affect professional licenses such as those held by doctors and lawyers.
Fifth Offense
Generally speaking, in Louisiana, any person with a blood alcohol concentration (BAC) above 0.08% is considered intoxicated. There is also a law that states that any person who refuses a sobriety test can have their driver’s license suspended.
In some cases, an individual may be able to have their DUI charge reduced to a “wet reckless” offense depending on the prosecutor. This can be accomplished by having a well-trained DUI attorney help to prepare the case for the best possible outcome.
In addition, a first-offense conviction will have the defendant punished with fines, community service, and license suspension. The court may also require the installation of an ignition interlock device and drug treatment for the offender. If a child under the age of twelve (12) is present during a DWI arrest, Child Endangerment laws state that sentence suspension cannot be granted.
