Louisiana DWI Penalties

What Are the Potential Penalties for a DWI in Louisiana?

If you have been charged with intoxicated driving, you may face certain penalties under Louisiana DWI laws if convicted. A DWI conviction may bring about several potential consequences. These may include, but are not limited to, the following:

Fines

If someone has never been charged with a DWI before, they may need to pay a fine of at least $300 once convicted. This number may increase if the individual is a repeat offender, reaching as high as $5,000.

Jail Time

Depending on the severity or number of DWI offenses committed, offenders will likely need to serve at least ten days of a jail sentence upon conviction. However, certain repeat offenders may serve up to five years in jail. In some cases, individuals may be eligible for home incarceration. By the second offense, certain sentences become mandatory. Blood-alcohol levels (BAC) may also determine the length of jail time.

Probation

Probation time may also vary. Depending on the court and the number of offenses, this may last as little as six months. With four or more DWI offenses, probation may last up to five years.

Community Service

If a driver is convicted of committing a DWI, they will likely need to serve at least 80 hours of community service. Repeat offenders may spend up to 320 hours.

Re-education

If a driver is convicted of committing a DWI, the offender will likely need to participate in court-approved re-education programs. These include substance abuse and driver improvement classes.

Home Incarceration

Home incarceration may be required for repeat offenders. By the third offense of DWI, a driver may be required to spend at least six months in house incarceration. In some instances, offenders may need to wear tracking devices, follow curfew restrictions, and stay under electronic monitoring. These may come at the driver’s expense.

Ignition Interlock

In certain cases, the court may also order drivers to use ignition interlock devices on their vehicles. Depending on the number of offenses and the BAC, individuals may be required to drive with an ignition interlock device for a minimum of six months. Certain individuals may need to keep the device on their vehicles for a minimum of 12 months.

Child Endangerment Law

Additional jail time may be required if a child was endangered due to the offense, as per the child endangerment law.

Forfeiture

Some repeat offenders may also be subject to vehicle forfeiture. This means the prosecutor may seize the offending driver’s vehicle and sell it.

If you want to reduce the penalties you may face, or potentially eliminate them, we strongly recommend partnering with a qualified and experienced Louisiana criminal defense lawyer. A lawyer experienced in DWI cases will likely be able to reduce the consequences you face if you are convicted. If you are innocent, your lawyer may be the best able to convince the court to drop all charges against you.

Driver’s License Suspension

A driver’s license suspension is a common consequence of a DWI conviction in Louisiana. The length of the suspension varies depending on the number of prior offenses and the blood alcohol concentration (BAC) at the time of the arrest. For a first offense DWI, the license suspension period is typically 90 days, but it can be longer if the BAC is 0.20% or higher. For a second offense DWI, the license suspension period is typically 1 year, and for a third offense DWI, it is typically 3 years.

In addition to the suspension period, the driver may also be required to install an ignition interlock device (IID) in their vehicle. The IID is a breath-testing device that prevents the vehicle from starting if the driver’s BAC is above a certain level.

It is possible to obtain a hardship license during the suspension period, which allows the driver to operate a vehicle for limited purposes, such as going to work or school. However, the driver must first request a hearing from the Department of Public Safety and Corrections and demonstrate that they have a legitimate need for a hardship license.

Insurance Consequences of a DWI in Louisiana

A DWI conviction in Louisiana can have significant insurance consequences. Insurance companies view drivers with a DWI conviction as high-risk drivers, and as a result, they may increase the driver’s insurance premiums or even cancel their policy.

In Louisiana, insurance companies are required to report DWI convictions to the state’s Department of Insurance. The department then assigns points to the driver’s insurance record, which can result in higher premiums.

The insurance consequences of a DWI conviction can be severe and long-lasting. In some cases, drivers may be required to file an SR-22 form with their insurance company, which is a certificate of financial responsibility that proves the driver has the minimum amount of liability insurance required by the state.

Workplace Consequences of a DWI in Louisiana

A DWI conviction in Louisiana can have significant workplace consequences. Depending on the nature of the job and the employer’s policies, a DWI conviction can result in disciplinary action, including termination.

In some cases, a DWI conviction can also result in the loss of professional licenses or certifications. For example, commercial drivers who are convicted of a DWI may lose their commercial driver’s license (CDL) for a period of time.

Additionally, a DWI conviction can also impact a person’s ability to obtain certain types of employment in the future. Some employers may view a DWI conviction as a sign of poor judgment or a lack of responsibility, and may be hesitant to hire someone with a DWI conviction.

It is essential for individuals who have been convicted of a DWI to understand the potential workplace consequences and to take steps to mitigate them. This may include seeking the advice of a DWI lawyer, attending counseling or treatment programs, and taking steps to demonstrate responsibility and rehabilitation.

What Steps Should You Take if You Are Charged With a DWI in Louisiana?

If you have been charged and face DWI penalties following a DWI arrest, there are a few steps we highly recommend following to significantly reduce potential charges and return to a sense of normalcy in your life as quickly as possible.

Avoid Discussing Your Case

We strongly recommend you avoid discussing your case with anyone, including close friends or family members. Discussing your case may result in your words being used against you, making it more difficult for your lawyer to argue a straightforward case in your favor.

We also suggest you stay off of and log out of social media. Any comments, photos, or text posts you put online may also be used against you, even if they don’t appear connected to your case. This may even be the case if you have privacy settings turned on.

Contact a Qualified Criminal Defense Lawyer

One of the essential steps to a favorable result is hiring a qualified criminal defense lawyer. A qualified criminal defense lawyer can provide essential assistance if you are facing charges for a DUI offense, helping to navigate the legal complexities and potentially reduce penalties. Your lawyer may be able to assist you in several ways, including the following:

• Legal knowledge
• Negotiation
• Defense formulation
• Strategizing the next best steps
• Reduce or eliminate penalties
• Drop charges
• Provide helpful information and resources
• Reduce stress

Please refrain from representing yourself during legal proceedings. Your lawyer is far more likely to win a favorable outcome than you are on your own.