At the Russell Law Firm, LLC, our Baton Rouge driving while intoxicated (DWI) defense attorneys know a DWI conviction can drastically alter the course of your life, bringing both immediate and long-term consequences. Beyond the hefty fines, jail time, and loss of driving privileges, a DWI can affect your career, personal relationships, and financial stability. It can lead to higher insurance premiums, difficulty finding employment, and potentially loss of professional licenses.
The stigma attached to a DWI may also damage your reputation, making it harder to rebuild trust with loved ones and colleagues. Ultimately, a DWI doesn’t just impact your present—it can have lasting effects on your future.
Louisiana takes DWI very seriously, with strict laws designed to penalize offenders. If you are facing a DWI charge in Louisiana, it is crucial to understand the different categories of offenses and the potential consequences for each. Here, our East Baton Rouge Parish DWI attorneys overview the four offenses.
A Guide to the Four Types of DWI Offenses in Louisiana
Each DWI charge in Louisiana is unique to the individual arrested because various factors influence the circumstances and outcomes of the case. These factors include the driver’s blood alcohol content (BAC) at the time of arrest, whether there were aggravating circumstances such as accidents or injuries, the driver’s prior criminal or DWI history, and any specific defenses or procedural errors that may apply.
Additionally, the specific parish where the arrest occurred may impact how the case is prosecuted, making each DWI charge a distinct legal challenge.
We help our fellow Louisianans understand what types of consequences accompany these criminal charges, which include:
First DWI Offense in Louisiana
A first-offense DWI conviction is classified as a misdemeanor and means that you have not been arrested nor convicted of a previous DWI charge within the past ten years.
Upon arrest, the officer usually confiscates your driver’s license and issues a temporary driving permit for 30 days. Your driver’s license, along with the evidence they have collected against you, will usually be forwarded to the Louisiana Department of Motor Vehicles or a criminal evidence department of the local law enforcement agency.
You only have 30 days from the date of your arrest to request an administrative hearing with the Louisiana DMV to contest the suspension of your driver’s license. Our experienced Louisiana DWI attorney knows how administrative hearings work and may give you a better chance of avoiding the suspension of your driving privileges.
The potential statutory penalties for a first-offense DWI charge in Louisiana include the following:
- Jail time: There is a mandatory minimum sentence of 10 days. The maximum is six months. The sentence can be suspended if the defendant is placed on probation and completes all conditions of his/her probation, nonexclusive to 32 hours of community service, of which half the time has to be trash collection; participation in a court-approved substance abuse program; and other conditions.
- Fines: The judge’s fine for a first offense usually ranges between $300 and $1,000, plus all court costs.
Special Penalty Requirements for First-Offense DWI:
- If the BAC is over 0.15 but less than 0.20, you must serve at least 48 hours of the jail time mentioned above without the benefit of that 48-hour sentence being suspended, with a few exceptions.
If the BAC is over .20, then the following penalties take effect:
- 48 hours of mandatory jail time in addition to the general jail time requirements, with a few exceptions.
- A fine of $750 to $1,000.
- Installation of an ignition interlock device for 12 months.
- Two-year suspension of driver’s license.
Second DWI Offense in Louisiana
A second-offense DWI means you have been arrested or convicted of a previous DWI charge within ten years of your first offense.
The statutory penalties for a second offense of DWI in Louisiana include:
- Jail time: The jail term for a second offense will be between 30 days and six months, and 48 hours of the jail time you are sentenced to may not be suspended unless certain conditions are met.
- Fines: The fine for a second offense will be between $750 and $1,000 plus all the associated court costs.
- Your driver’s license will be suspended for up to two years, though you can usually apply for a hardship license to drive to school or work after 30 days.
- Mandatory substance abuse evaluation, which may require participation in a treatment program.
- Participation in a driver improvement class approved by the court.
- Up to 240 hours of community service.
- Installation of an ignition interlock device (IID).
If the BAC is over 0.15 but less than 0.2, the following additional penalties take effect:
- 96 hours of the jail sentence must be served, with a few exceptions.
- $1,000 fine
- The driver’s license is suspended for four years.
- An ignition interlock device must be installed for at least three of the four-year license suspension if the driver is allowed to drive.
Third DWI Offense in Louisiana
A third DWI arrest in Louisiana is a felony offense.
The potential statutory penalties for a third offense DWI charge in Louisiana include:
- $2,000 in fines.
- A prison term of one to five years; at least one year mandatory jail time, with a few exceptions.
- Up to five years of probation that may include community service.
- Up to 240 hours of community service.
- Evaluation of your substance abuse level.
- Completion of four weeks of substance abuse treatment as an inpatient.
- Completion of up to 12 months of substance abuse treatment on an outpatient basis.
- House arrest while under probation for up to six months that can involve tracking devices, curfews, or electronic monitoring at your expense.
- State seizure of your vehicle.
- Install and maintain an ignition interlock device at your expense.
In addition, a third-offense DWI conviction in Louisiana can result in a driver’s license suspension of up to four years. However, the driver may be eligible for reinstatement after installing an ignition interlock device (IID).
Fourth and Subsequent DWI Offenses in Louisiana
A fourth or subsequent DWI offense is also a felony but comes with even more severe penalties.
The potential statutory penalties for a fourth offense DWI charge in Louisiana include:
- A fine of $5,000.
- A sentence of a minimum of ten years to a maximum of 30 years imprisonment, with two years of the sentence being served without suspension or parole, with a few exceptions.
- 40 days of community service.
- Home incarceration for at least one year.
- Up to five years of probation.
- Driver’s license suspension up to four years.
- Electronic monitoring.
- Seizure of the vehicle the offender was driving.
- Required Treatment.
- Ignition interlock device installation.
If your offense included driving with a child under the age of 13, you may also be charged with child endangerment. Anyone whose DWI caused injuries or the death of another will face increased penalties.
For individuals with multiple DWI convictions, the penalties increase exponentially, and these charges can affect every aspect of your life, from employment to personal relationships.
Given the seriousness of DWI charges in Louisiana, consulting with our experienced DWI defense attorney, who understands state laws and can guide you through the legal process, is essential. Whether it’s your first offense or a repeat charge, having solid legal representation can make a difference in the outcome of your case. We can help.
The Russell Law Firm is in Your Corner, and We Fight to Win
If you or someone you love has been arrested for a DWI in Louisiana, whether it is your first offense or a subsequent offense, contact our dedicated Baton Rouge defense attorneys today at 225-307-0088 or online to get the legal support you need to produce real results for your unique case.
Information furnished herein is only general and not a substitute for personalized legal advice. Any discussions and photographs visible herein are not any depiction of any actual event or scene but merely a dramatization.