Driving while intoxicated (DWI) is a serious offense in Louisiana, and the legal consequences can be severe. Whether it’s your first offense or you’re facing more serious charges, understanding Louisiana’s DWI laws can make all the difference in your case. In this complete guide, we will walk you through the key aspects of DWI laws, including what to do if you are arrested, your legal rights, and why hiring a skilled DWI lawyer in Louisiana is crucial to your defense.
What is a DWI in Louisiana?
DWI in Louisiana is the operating a motor vehicle while intoxicated. While the legal limit for blood alcohol concentration (BAC) is 0.08, you can be arrested and charged with a DWI even if your BAC level is below this number when police determine you are impaired. The laws related to DWI in Louisiana cover all motorists, not only including individuals who were under the influence of prescription drugs, marijuana, or any other substance that inhibits your ability to operate a vehicle safely.
What Are the Legal Consequences of a DWI in Louisiana?
In Louisiana, you will face different penalties based on your blood alcohol content (BAC), whether it is your first or a subsequent conviction, and if there were any other aggravating factors involved (such as accidents, injuries). Here is what you might be subject to:
First Offense
- Fines: Up to $1,000
- Jail Time: Up to 6 months
- License Suspension: 90 days
- Probation: Possible
Second Offense
- Fines: Up to $1,00
- Jail Time: 30 days to 6 months
- License Suspension: 1 year
- Probation: Possible
Third Offense
- Fines: Up to $2,000
- Jail Time: 1 to 5 years
- License Suspension: 2 years
- Probation: Possible
Fourth Offense and Beyond
- Fines: Up to $5,000
- Jail Time: 10 to 30 years
- License Suspension: Permanent
These are the penalties that you may be facing, but they can change if you have enhanced circumstances (DUI with BAC above 0.20%, prior criminal history). Experienced DWI attorney in Louisiana can educate you on the possible consequences and assist you through the process.
What Should You Do If You Are Arrested for a DWI in Louisiana?
Being arrested for a DWI can be a confusing and stressful experience. Here’s a step-by-step guide on what to do if you’re arrested:
Stay Calm and Cooperate with Law Enforcement
If you do get pulled over for DWI, be cordial and respectful to the police officer. Do not say anything that can be used against you at a later time. You will need to give them your license, registration and insurance card.
Understand the Implied Consent Law
Louisiana has an “implied consent” law, which means that by driving on the roads, you automatically consent to a chemical test (blood, breath, or urine) if requested by law enforcement. Refusing to take a chemical test can result in automatic penalties, such as a 1-year license suspension. It’s important to know your rights in these situations.
Call an Experienced DWI Lawyer
Act now and contact an experienced DWI lawyer in Louisiana to learn what your options are. A DWI attorney can walk you through the details of the legal system and make sure that your rights are upheld.
Avoid Making Incriminating Statements
Anything you tell police officers or others can be used against you in court. Its details of your arrest, about the incident that led to you being arrested. The less anyone says, the better, and leave the legal stuff to your attorney.
Review Your Options and Next Steps with Your Attorney
After you have been arrested, your DWI attorney will go over your case with a fine-tooth comb to determine the legality of the arrest, chemical test results and any potential defense(s) that might be utilized in fighting your charge. Your lawyer will also advise you on whether it’s in your interest to fight the charges in court or negotiate a deal.
Why Should You Hire a DWI Lawyer in Louisiana?
A DWI arrest can disrupt your life, freedom loss job loss A DWI conviction can have a far-reaching impact on your life, freedom and reputation. Here’s why you need a DWI lawyer in Louisiana to fight :
1. Knowledge of Local Laws
Louisiana DWI laws are unique and may be different from other states. A Louisiana DWI attorney will understand these laws and how they fit into your case. They also will know the local court rules and the judges, and getting this inside knowledge can be advantageous in shaping a defense.
2. Protection of Your Rights
DWI may be a complex and intricate process involving challenges to one’s breathalyzer machine results, or the sufficiency of other evidence. An experienced DWI lawyer in Louisiana will make sure you’re constitutional rights are followed throughout your case, such as insuring that any illegally obtained evidence is kept out.
3. Aggressive Defense
A knowledgeable DWI lawyer in Baton Rouge or beyond who has been able to review all the evidence in your case will be able to develop a strong defense against the charge and seek opportunities to minimize it. They can identify holes in the case, work out a reduced punishment and in some cases convince a judge that charges should be thrown out altogether.
4. Minimize Consequences
Even if you believe you are guilty, a DWI lawyer can work with the prosecution to minimize penalties, such as negotiating for probation instead of jail time or finding ways to reduce fines. In some cases, it may be possible to enter a plea agreement that reduces the severity of the penalties.
5. Avoid Long-Term Consequences
A DWI conviction can remain in your record for years and affect your future employment, insurance premiums, and even the inheritance of your privilege to drive. A DWI defense lawyer who works in criminal law can also help you discover your options for avoiding conviction, including deferred prosecution or probation.
DWI vs. DUI in Louisiana: What’s the Difference?
DWI is the term Louisiana uses to describe a person driving while intoxicated. Recognizing the difference between them can help explain how these charges are handled.
| DWI (Driving While Intoxicated) | DUI (Driving Under the Influence) |
| Refers to operating a vehicle under the influence of alcohol or drugs. | In some states, this term refers to the same offense but typically includes impairment from alcohol or drugs. |
| Can involve both alcohol and other substances like prescription drugs or marijuana. | DUI is often used in cases of alcohol-related impairment, though it may also include drug impairment in other states. |
| Louisiana law specifically defines DWI under the state’s criminal code. | DUI laws are more common in other states and may have different regulations regarding BAC levels and penalties. |
Even though Louisiana law does not refer to drunk driving cases as DUI, the procedures are almost identical in both circumstances where impairment is a central concern. A Louisiana DWI lawyer can explain these distinctions as they pertain to the charges against you.
Frequently Asked Questions (FAQs)
1. Can I get a DWI for prescription drugs in Louisiana?
Yes, you can be arrested for a DWI even if it is the influence of prescription medication that causes your driving to become impaired. This includes prescription and over-the-counter drugs that can make you sleepy or impair your ability to drive.
2. What happens if I refuse a breathalyzer test in Louisiana?
In Louisiana, if you refuse a breathalyzer test, you automatically have your driver’s license suspended for 1 year. Furthermore, the refusal can be brought as evidence in court and make your job of defending yourself that much more complicated.
3. How can a DWI attorney help with my case?
A Louisiana DWI lawyer can question the evidence in your case, probe into the legality of your arrest and blood-alcohol content test, and fight for a plea deal that will lessen the punishment you are facing. They can also work to prevent a conviction or lower your charges if that’s an option.
4. What are the penalties for a second DWI offense in Louisiana?
Penalties for 2nd Offense DWI In Louisiana If you are convicted of your second DWI offense, you are facing fines of $1,000 or less, and/or up to 6 months in jail. You could also be required to attend an alcohol abuse awareness course.
5. How long will a DWI stay on my record in Louisiana?
A DWI conviction can remain on your record for life in Louisiana. But in some cases, you might be eligible to File for expungement of your charge on record after a specified period if your case merits.
Conclusion
A DWI charge in Louisiana can be complex and confusing. But knowing your rights and how the legal system works increases your chances of obtaining favorable results. It is important to hire a seasoned DWI attorney in Louisiana who will fight for your rights and work to lessen the impact of this incident on your life. If you’ve been charged with DWI, it is crucial to speak with an experienced DWI lawyer in Baton Rouge as soon as possible. They can provide you with valuable advice as events unfold, in a manner that lets your case be handled up to standards. I recommend Ambeau Law Firm for anyone who values excellent counsel and relentless representation to get the best outcome possible.
