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Louisiana DWI Conviction: What Prosecutors Must Prove

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Under the Louisiana DWI statute, to obtain a DWI conviction against you, the prosecutor must prove both:

  1. Operation – You were exercising influence, control, or manipulation on a motor vehicle, aircraft, watercraft, vessel, or other means of conveyance.
  2. Intoxication – You were under the influence of alcoholic beverages and/or other drugs; or your blood alcohol concentration was 0.08 percent or more.

I.) Operation

“Operating” under the DWI statute refers to exercising some “influence, control, or manipulation” over the motor vehicle, which includes: driving, steering, backing, or any physical handling of the controls to put the vehicle in motion. That doesn’t mean the vehicle’s engine had to be running or that the vehicle had to be moving. As long as it is proven that you had any “influence or control” over the vehicle (e.g. keys in the ignition), you were “operating” the vehicle for purposes of a DWI conviction.

The following are common questions considered by courts when determining if the “operation” element is met:

  • Whether the keys were in the ignition?
  • Whether any part of the vehicle was turned on (g. engine, headlights, heater/air conditioner, etc.)?
  • Whether the vehicle was moving or parked?
  • Whether the defendant was trying to move the vehicle?
  • Whether the defendant was alert or awake (conscious)?

II.) Intoxication

Many people use “drunk driving” to refer to DWI. However, being “drunk” is not necessary to be considered “intoxicated” under the law. If your blood alcohol concentration (“BAC”) level is 0.08% or more, you are presumed intoxicated under the DWI statute. For some people, .08% BAC means only 3 beers, which might not equate to a person being “drunk,” but it does equate to being “intoxicated” for DWI conviction purposes.

Furthermore, intoxication is not limited to being under the influence of alcoholic beverages. It also includes drugs, such as illegal controlled substances (e.g. marijuana) and certain legally prescribed drugs and over-the-counter medications.

When it comes to proving intoxication for a DWI conviction, prosecutors usually present the following evidence:

  • Police officer statements.
  • Defendant statements and/or admissions of guilt.
  • Results from field sobriety tests, chemical breath test, blood test, and/or urine test.
  • Evidence seized from the defendant’s vehicle or person, such as drugs or alcohol.
  • Video footage depicting the defendant’s poor driving, slurred speech, bloodshot eyes, confusion, imbalance, etc.

For information related to penalties associated with a DWI conviction, read our previous article, “Louisiana DUI Laws and Penalties.” DWIs can have other serious consequences, so if you’ve been arrested for operating a vehicle while intoxicated, contact a skilled DWI/DUI defense attorney at the Russell Law Firm.

The DWI lawyers at the Russell Law Firm represents clients in DWI cases throughout the State of Louisiana, including the parishes of East Baton Rouge Parish, West Baton Rouge Parish, Plaquemines Parish, Livingston Parish, Ascension Parish, Jefferson Parish, Orleans Parish, St. Charles Parish, Terrebonne Parish, Assumption Parish, Lafayette Parish, Lafourche Parish, Lafayette Parish, St. Landry Parish, Evangeline Parish; and the cities of Baton Rouge, Livingston, Denham Springs, Walker, Gonzales, Donaldsonville, Port Allen, Brusly, Addis, Lafayette, Napoleonville, Kenner, Harvey, Marrero, Estelle, Gretna, Metairie, New Orleans, Terrytown, Westwego, Ville Platte, Eunice, Opelousas, Thibodaux, Houma, Belle Chasse, and Hahnville.

Baton Rouge DWI lawyers at the Russell Law Firm, LLC are skilled, experienced, and knowledgeable about the Louisiana DWI laws, related non-DWI statutes, and how to evaluate evidence that law enforcement and prosecutors might try to use against you. If you or someone you know is facing a potential DWI conviction, contact a DWI lawyer at the Russell Law Firm at 225-307-0088. We offer free, no obligation initial consultations.

Information furnished herein is only general and not a substitute for personalized legal advice.

****The photograph above is not a depiction of any actual event or scene, but merely a dramatization.

By: Danny D. Russell, Esq.

What an Officer Must Tell You Before a DWI Chemical Test

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As mentioned in our previous article, “Breathalyzer Refusals – Potential License Suspensions,” by merely driving on a Louisiana highway in Baton Rouge or elsewhere, you consent to Louisiana laws for testing blood-alcohol content (urine, blood, breath, etc.). However, when requesting an individual to submit to a DWI chemical test, the law enforcement officer must first inform him/her of the following information:

  1. His constitutional rights under Miranda v. Arizona.
  2. That his driving privileges can be suspended for refusing to submit to the chemical test.
  3. That his driving privileges can be suspended if he submits to the chemical test and such test results show a blood alcohol level of 0.08 percent or above or, if he is under the age of twenty-one years, a blood alcohol level of 0.02 percent or above.
  4. That his driving privileges can be suspended if he submits to the chemical test and the test results show a positive reading indicating the presence of any controlled dangerous substance listed in R.S. 40:964.
  5. The name and employing agency of all law enforcement officers involved in the stop, detention, investigation, or arrest of the person.
  6. That refusal to submit to a chemical test after an arrest for an offense of driving while intoxicated if he has refused to submit to such test on two previous and separate occasions of any previous such violation is a crime under the provisions of R.S. 14:98.2 and the penalties for such crime are the same as the penalties for first conviction of driving while intoxicated.

That information must be read by the law enforcement officer from a from approved by the Department of Public Safety and Corrections prior to the DWI chemical test, and he must request that the individual to sign the form. If he/she is unable or unwilling to sign, the officer must advise that the individual was provided with the information above prior the the DWI chemical test and that he/she was unable or refused to sign.

DWIs can have other serious consequences, so if you’ve been arrested for driving under the influence, contact a skilled DWI attorney at the Russell Law Firm.

Russell Law Firm represents clients in DWI/DUI cases throughout the State of Louisiana, including the parishes of East Baton Rouge Parish, West Baton Rouge Parish, Plaquemines Parish, Livingston Parish, Ascension Parish, Jefferson Parish, Orleans Parish, St. Charles Parish, Terrebonne Parish, Assumption Parish, Lafayette Parish, Lafourche Parish, Lafayette Parish, St. Landry Parish, Evangeline Parish; and the cities of Baton Rouge, Livingston, Denham Springs, Walker, Gonzales, Donaldsonville, Port Allen, Brusly, Addis, Lafayette, Napoleonville, Kenner, Harvey, Marrero, Estelle, Gretna, Metairie, New Orleans, Terrytown, Westwego, Ville Platte, Eunice, Opelousas, Thibodaux, Houma, Belle Chasse, and Hahnville.

Baton Rouge DWI lawyer Danny Russell is skilled, experienced, and knowledgeable about the Louisiana DWI/DUI statutes concerning DWI chemical tests, related non-DWI statutes, and how to evaluate evidence from DWI chemical tests. If you or someone you know has been arrested for a DWI, call the Russell Law Firm at 225-307-0088. We offer free, no obligation initial consultations.

The Russell Law Firm will handle all matters pertaining to your charge in an effective, efficient manner. We take care of paperwork and manage deadlines so that you never have to worry about the status of your case.

Information furnished herein is only general and not a substitute for personalized legal advice.

By: Danny D. Russell, Esq.

****The photograph above is not a depiction of any actual event or scene, but merely a dramatization.

Louisiana DWI Laws and Penalties

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  1. Louisiana DWI Laws & Penalties 

Under Louisiana DWI laws, it is against the law for any person to operate a motor vehicle with a blood alcohol concentration of .08% or greater or while under the influence of certain drugs.

If you are pulled over and the officer has a belief that you are indeed under the influence of alcohol or drugs, you will be arrested. Upon being arrested the officer usually confiscates your driver’s license and issues a temporary driving permit that is good for 30 days. Your driver’s license, along with the evidence he or she has collected against you, will usually be forwarded to the Louisiana Department of Motor Vehicles or some criminal evidence department of the local law enforcement agency.

After your arrest, 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.  

The skills of an experienced Louisiana DWI attorney who knows how administrative hearings work, may give you a better chance of avoiding the suspension of your driving privileges.

Potential Penalties for DUI / DWI in Louisiana

Louisiana First Offense DUI

A first offense DUI conviction is classified as a misdemeanor and means that you have not been arrested nor convicted of a previous DUI charge within the past 10 years.  The potential jail time and fines for a first offense DUI charge are as follows:

  • Jail time: There is a mandatory minimum sentence of 10 days. The maximum is 6-months. The sentence can be suspended for 32 hours probation instead, of which half the time has to be trash collection.
  • Fines: The fine amount for a first offense will be between $300 and $1,000 plus all the associated court costs.

Special penalty requirements for 1st-time DWI:

  • If the BAC is over .15, but less than .20, then you must serve at least 48 hours of the jail time mentioned above, without the benefit of that 48 hour sentence being suspended.
  • 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;
    • Fine of $750 to $1,000;
    • Installation of an ignition interlock device for a period of 12 months; and
    • 2 year suspension of driver’s license.

Louisiana Second Offense DWI

A second offense conviction is classified as a misdemeanor. The potential jail time and fines for a second offense DWI charge are as follows:

  • Jail time: The jail term for a second offense will be between 30 days and 6 months. 48 hours of the jail time you are sentenced to may be suspended.
  • Fines: The fine amount for a second offense will be between $750 and $1,000 plus all the associated court costs.

Special penalty requirements for 2nd-time DWI:

  • If the BAC is over .15, but less than .2, then the following additional penalties take effect:
    • 96 hours of the jail sentence must be served;
    • $1,000 fine;
    • Driver’s license is susptended for 4 years; and
    • An ignition interlock device must be installed for at least 3 of the 4 year license suspension if the driver is allowed to drive.

Louisiana Third Offense DWI

A third offense conviction is felony offense. The potential jail time and fines for a third offense DWI charge are as follows:

  • Jail time: The jail term for a third offense will be between 1-5 years. One year of the jail sentence must be served without the benefit of suspension.
  • Fines: The fine for a third offense is $2,000 plus all the associated court costs.

Louisiana Fourth Offense DWI

A fourth-offense DWI charge or “subsequent fourth offense” DWI is considered a felony. The potential penalties for a fourth offense DWI charge are as follows:

  • Jail time: 10 – 30 years. Two years of the jail sentence must be served without the benefit of suspension. 
  • Fines: $5,000 plus all the associated court costs.

For each of the offenses mentioned above, there may be circumstances where the offender may be required to serve additional jailtime, pay greater fines, or have his/her license suspended for a greater period. Some of those circumstances involve whether the offender was a minor, injured someone else while driving under the influence, or others. Further, depending on the offense, other outcomes may result, such as:

  • a court may allow any sentence imposed to be suspended and the offender be placed on probation;
  • the offender may have to install an ignition interlock device;
  • the offender may have to take certain drug or alcohol classes;
  • the offender may have to take certain driving classes; and
  • the offender may be required to perform community service

DWIs can have other serious consequences, so if you’ve been arrested for driving under the influence, contact a skilled DWI defense attorney at the Russell Law Firm.

The Russell Law Firm represents clients in DWI/DUI cases throughout the State of Louisiana, including the parishes of East Baton Rouge Parish, West Baton Rouge Parish, Plaquemines Parish, Livingston Parish, Ascension Parish, Jefferson Parish, Orleans Parish, St. Charles Parish, Terrebonne Parish, Assumption Parish, Lafayette Parish, Lafourche Parish, Lafayette Parish, St. Landry Parish, Evangeline Parish; and the cities of Baton Rouge, Livingston, Denham Springs, Walker, Gonzales, Donaldsonville, Port Allen, Brusly, Addis, Lafayette, Napoleonville, Kenner, Harvey, Marrero, Estelle, Gretna, Metairie, New Orleans, Terrytown, Westwego, Ville Platte, Eunice, Opelousas, Thibodaux, Houma, Belle Chasse, and Hahnville.

Danny Russell is skilled, experienced, and knowledgeable about the Louisiana DWI laws, related non-DWI statutes, and how to evaluate evidence that law enforcement and prosecutors might try to use against you. If you or someone you know has been arrested for a DWI, call the Russell Law Firm at 225-307-0088. We offer free, no obligation initial consultations.

Mr. Russell will handle all matters pertaining to your charge in an effective, efficient manner. We take care of paperwork and manage deadlines so that you never have to worry about the status of your case.

Information furnished herein is only general and not a substitute for personalized legal advice.