If you’ve been accused of a DUI offense or are facing your first DUI charge, it’s important to know Louisiana DUI laws and what happens when you get a DUI in Louisiana.
DUI stands for driving under the influence, often referring to driving under the influence of alcohol, and is also sometimes known as driving while intoxicated or DWI.
In Louisiana, DWI convictions can result in jail time, fines, community service, and loss of certain driving privileges, such as a Louisiana driver’s license suspension. Under Louisiana DUI laws, those with a previous conviction are subject to a longer license suspension, higher fines, and the potential for felony charges.
If you’ve been charged with driving over the legal limit under Louisiana DWI law, the defense attorneys at The Law Offices of Ossie Brown can work to protect your driving privileges and fight the charges. Call (225) 343-1111 to schedule a free consultation.
Louisiana DWI Laws
Louisiana DWI laws can be found under La. R.S. § 14:98. In Louisiana, DUI, DWI, OUI, and OWI all fall under the same set of laws. If a police officer catches you driving under the influence of drugs or driving while intoxicated in Louisiana, a DUI conviction can lead to fines, jail time, substance abuse treatment, driver improvement programs, and driving license suspension, among other penalties.
Other Louisiana liquor laws dictate other alcohol-related statutes, such as open container laws, dram shop laws, and alcohol delivery laws, which can factor into your DUI case.
Blood Alcohol Concentration Louisiana DUI Limit
Under Louisiana DUI laws, the blood alcohol concentration (BAC) or blood alcohol content legal limit varies by driver category.
For regular drivers, the BAC level is 0.08%, while minors face a stricter legal limit of a blood alcohol concentration of 0.02%. Commercial drivers have an even lower threshold, with a blood alcohol content limit of 0.04%, due to the higher responsibility associated with operating large vehicles. Exceeding the blood alcohol concentration (BAC) limit in any category can result in DUI charges, severe penalties, and long-term consequences under Louisiana DUI laws.
How Does a DUI Conviction Affect Your CDL License
If you have a commercial driver’s license (CDL) and are charged with a DUI, you could face increased punishments as well as CDL disqualification. A first-offense DWI could result in a one-year disqualification, a second-offense DWI could result in a ten-year disqualification, and a third-offense DWI could result in a lifelong disqualification.
If you are a CDL driver, it’s important not to have a single DWI conviction on your driving record in order to preserve your livelihood. If you are accused of driving while intoxicated or driving under the influence of drugs as a CDL holder in Louisiana, contact our Baton Rouge CDL DUI lawyers to discuss your legal options under Louisiana DUI laws.
1st Offense DUI Louisiana
A first-offense DUI in Louisiana falls under La. R.S. § 14:98.1. If convicted of the first DUI in Louisiana, you could face punishments such as fines, jail time, community service, substance abuse treatment, and possible probation.
2nd Offense DUI Louisiana
Under Louisiana law, a second offense DUI is outlined under La. R.S. § 14:98.2 and involves harsher penalties than a first-offense DWI.
3rd Offense DUI Louisiana
A third offense DUI in Louisiana is listed under La. R.S. § 14:98.3. Once you receive your third DUI in Louisiana, you receive a felony charge rather than a misdemeanor.
4th Offense DUI Louisiana
A fourth offense DUI in Louisiana, or any subsequent offense after that, will fall under La. R.S. § 14:98.4. This law outlines the most severe penalties for driving under the influence in Louisiana.
Is a DUI a Felony in Louisiana?
DUIs in Louisiana become felony charges under specific circumstances:
- Third or Subsequent DWI convictions: A third offense DWI is classified as a felony. Penalties include significant fines, mandatory jail time, and extended license suspensions.
- DUI Resulting in Injury or Death: If a DUI leads to serious bodily injury, the charge may escalate to vehicular negligent injury or vehicular homicide.
- Prior Criminal Record: If a person has multiple prior convictions for DUI, even a lesser incident can be charged as a felony due to the enhanced penalties for habitual offenders.
Penalties for DWI in Louisiana
The penalties for DWI in Louisiana increase each time you have a DWI conviction, so it’s important that you have a skilled Baton Rough DWI lawyer on your side, even if this is your first DUI charge. Having just one previous conviction can mean the difference between a few days of jail time and spending months in prison.
We’ll cover various penalties for DWI in Louisiana. However, if you’re like many people and wondering what really happens when you get a DUI in Louisiana, the truth is that penalties can vary and are heavily dependent on the discretion of the court and the presiding judge.
Sentencing guidelines give judges a guide for sentencing someone with a DUI conviction, but the punishment for driving under the influence of drugs or driving while intoxicated is ultimately up to the judge’s discretion.
This is why it’s so important to have a skilled attorney with knowledge of both Louisiana DUI laws and the Baton Rouge court system, ensuring you have the best chance of receiving a favorable outcome.
Penalties for DWI First Offense Louisiana
In Louisiana, a first-offense DWI can result in penalties such as:
- Between 10 days and 6 months of jail time
- Up to $1,000 in fines and court costs
- Mandatory 48 hours in jail OR mandatory 32 hours of community service
- Participation in a court-approved substance abuse program
- Participation in a court-approved driver-improvement program
A first-offense DUI conviction also results in a 12-month driver’s license suspension. Higher blood alcohol concentration (BAC) levels, such as 0.15% or more, can lead to enhanced penalties, including mandatory jail time and extended license suspensions.
For some first-offense DWI convictions, Louisiana courts may order you to use an ignition interlock device and spend a mandatory 48 hours in jail without suspension, probation, or parole if your blood alcohol concentration was over 0.15% at the time of your arrest.
What is the Minimum Jail Time for a DWI 1st Offense in the State of Louisiana?
The mandatory minimum sentence for a first-offense DWI in Louisiana is 10 days of jail time, which you may be able to serve on probation or home incarceration, depending on the circumstances of your case. The court will also order you to spend 48 hours in jail without suspension or 32 hours of mandatory community service.
Penalties for Second-Offense DUI Louisiana
A second-offense DWI in Louisiana results in increased penalties compared to someone’s first DUI in Louisiana. A second-offense DWI can result in penalties such as:
- Between 30 days and 6 months of jail time, 48 hours of which must be served without the benefit of suspension, probation, parole, or home incarceration
- Between $750 and $1,000 in fines and court costs
- Mandatory 15 days of jail time OR mandatory 240 hours of community service
- Participation in a court-approved substance abuse program
- Participation in a court-approved driver-improvement program
- 6 months of driver’s license suspension
- Use of an ignition interlocking device in the offender’s vehicle for the entirety of the suspension period
It’s important that you keep any and all DUI or DWI charges off of your criminal record so that you do not face these increased punishments. In some cases, our lawyers can assist in filing for a hardship license following your release.
Penalties for Third-Offense DWI Louisiana
Under Louisiana DWI laws, a third-offense DWI can result in penalties such as:
- Up to 5 years in prison, one year of which must be served without the benefit of suspension, probation, or parole
- $2,000 in fines and court costs
- Mandatory 240 hours of community service
- Participation in a substance abuse health evaluation and treatment program
- Participation in a court-approved driver-improvement program
- One year of driver’s license suspension
- Mandatory restricted license for the entirety of the suspension period
- Use of an ignition interlock device for the entirety of the suspension period
In Louisiana, a third-offense DWI is considered a serious threat to public safety, prompting the court to mandate participation in a substance abuse evaluation. Offenders may qualify for a hardship license, which restricts their driving typically to work or treatment facilities. This license also prohibits them from operating any motor vehicle that is not equipped with an ignition interlock device, ensuring they cannot continue driving under the influence. Installing an ignition interlock in the offender’s vehicle helps promote accountability.
Penalties for Fourth-Offense DUI Louisiana
If you have four DWI convictions in Louisiana, you can face the harshest penalties under state law. If found guilty of a fourth DWI in Louisiana, you can face:
- Between 10 years and 30 years in prison, two years of which must be served without the benefit of suspension, probation, or parole
- $5,000 in fines and court costs
- Mandatory 320 hours of community service
- Participation in a substance abuse health evaluation and treatment program
- Participation in a court-approved driver-improvement program
- One year of driver’s license suspension
- Mandatory restricted license for the entirety of the suspension period
- Use of an ignition interlock device for the entirety of the suspension period
If you’ve already been convicted of a third offense DUI in Louisiana or already have a criminal record, you need a skilled Louisiana DWI attorney to protect your freedom.
What is the Mandatory Minimum Jail Sentence For a Fourth DWI Charge in Louisiana?
In Louisiana, the mandatory minimum sentence for a fourth DWI in Louisiana is two years without the benefit of suspension, parole, or probation. If you have been found guilty at least three times for a DUI in Louisiana, you could face these serious consequences and more.
How Long Does a DUI Stay On Your Record in Louisiana?
In Louisiana, a DUI remains on your driving record for 10 years. During this period, an additional DWI arrest or conviction is treated as a repeat offense and carries more severe penalties. After the 10-year “look-back” period, the prior DUI conviction is no longer considered for enhancing penalties but may still appear on your criminal record.
Expungement may be an option to remove it from your record, but this process often requires legal assistance from experienced expungement lawyers in Baton Rouge.
DWI Charges in Baton Rouge
In addition to alcohol-related and motor vehicle-related DUI charges, there are a number of other DWI charges our attorneys can help the residents of Baton Rouge with. If you have been accused of any of the charges below, contact our Baton Rouge DUI attorney team.
Boating DWI Charge
If you’re wondering, “Can you get a DUI on a boat in Louisiana?” the answer is a resounding “yes.” A boat operator driving under the influence of drugs or driving while intoxicated can be charged with a boating DWI in Louisiana.
If you’re facing DWI-related charges, our Baton Rouge boating DUI attorney team can provide strong legal representation to help protect your rights.
Marijuana DUI Charge
Most Louisiana residents understand that driving while intoxicated is illegal, but can you get a DUI for driving high in Louisiana? Yes, driving after consuming marijuana, even with a prescription, can result in marijuana DUI charges in Louisiana. With a deep understanding of Louisiana marijuana laws, our Baton Rouge marijuana DUI lawyers can fight to defend against a marijuana DUI conviction.
Driver’s License Suspension Assistance
After a DWI arrest in Louisiana, drivers face immediate license suspension unless they take action. Our Baton Rouge suspended license attorney can assist by requesting a hearing with the Department of Motor Vehicles to challenge the suspension. At this hearing, a hearing officer reviews the evidence to determine if the suspension is valid. Our lawyers can also help drivers apply for a apply for a hardship license in Louisiana, allowing limited driving privileges for essential activities like work or medical appointments.
Child Endangerment Law
Under Louisiana’s child endangerment law, if you get a DUI while transporting a child under 12 years old, you face enhanced penalties. For a first offense, this includes additional mandatory jail time, higher fines, and stricter consequences if the driver’s blood alcohol concentration (BAC) is significantly over the legal limit. A Baton Rouge child endangerment lawyer can help defend against these serious charges and work toward minimizing penalties.
Vehicular Homicide Charges
A DWI that results in a fatal accident may lead to vehicular homicide charges, one of the most severe consequences of driving under the influence in Louisiana. If you’re dealing with DWI-related homicide issues, a Baton Rouge vehicular homicide lawyer on our team can protect your rights and provide comprehensive legal support in the face of vehicular homicide charges.
Louisiana DWI Law Defense
Navigating the legal process on your own can be overwhelming, as DUI cases often involve technical evidence and strict legal procedures. If you’ve been left wondering why you need a lawyer for a DUI in Baton Rouge, a skilled DWI lawyer can ensure that your rights are protected and give you access to legal strategies tailored to your case.
Below are some common ways our attorneys can help you navigate charges related to driving while intoxicated in Louisiana.
Breathalyzer Results
Lawyers play a crucial role in challenging breathalyzer results in DUI cases. Many clients ask, “Can you refuse a breathalyzer in Louisiana?” The answer is yes, but refusal under the state’s implied consent laws can result in automatic driving license suspensions and penalties. Our attorneys evaluate whether the arresting officer administered the test correctly and if the device accurately measured the blood alcohol concentration (BAC). We’ll challenge factors that affect the readings of your BAC level.
Field Sobriety Test Results
Our lawyers can challenge sobriety test results by examining whether the arresting officer properly administered the tests. Common sobriety test options, such as the horizontal gaze nystagmus in Louisiana, can be questioned, especially if medical conditions or uneven surfaces affect the results. Our attorneys can argue that the sobriety test results were unreliable or that the arresting officer was biased, weakening the prosecution’s case. By scrutinizing the procedures and evidence, we can dispute the validity of the sobriety test in court.
DUI Checkpoints in Louisiana
DUI checkpoints in Louisiana are set up to identify those driving under the influence in Louisiana, but if the police officer entraps you, this can be a valid defense. What is entrapment in Louisiana?
Entrapment occurs when a police officer induces a person to commit a crime they would not have otherwise committed. Additionally, the police officer must follow strict legal guidelines to conduct stops and collect evidence lawfully. If the arresting officer deviates from standard procedure, the evidence could be deemed inadmissible.
Baton Rouge DUI Defense Lawyers
If you’re facing the consequences of a DWI arrest, you need an experienced legal team on your side to protect your rights and fight for the best possible outcome. At The Law Offices of Ossie Brown, our Baton Rouge criminal defense attorneys are dedicated to helping clients confront DWI charges head-on. With years of experience and a commitment to personalized representation, we strive to minimize the impact of these charges on your life.
Call (225) 343-1111 or contact us online to schedule a free initial consultation with a Louisiana DWI attorney regarding your DUI case.
