If police have arrested you for your first DUI, you might worry about what’s going to happen next. What are the penalties for first-offense DUI charges in Louisiana? What’s going to happen with your license? Could you face jail time? First and foremost: don’t panic. The DUI lawyers at the Law Offices of Ossie Brown are here to help you understand your situation.
The penalties for a first offense DUI could include fines, license suspension, and even a short jail sentence. However, that doesn’t necessarily mean that you’ll face those consequences. Our Baton Rouge DUI defense attorneys are here to help ensure that you receive the best possible outcome in your case. This could mean reduced charges, a lesser sentence, or even a not-guilty verdict.
Don’t wait to get the support you need. Call (225) 343-1111 or contact us online to schedule a free consultation today.
Understanding Louisiana DWI Law
In Louisiana, prosecutors can charge someone with driving under the influence (DUI) or driving while intoxicated (DWI) if they operate a motor vehicle while under the influence of alcohol or drugs. A blood alcohol concentration (BAC) test can help determine a person’s intoxication level by measuring the alcohol present in their bloodstream.
In Louisiana, it is illegal to drive with a BAC of 0.08% or higher. The law also prohibits commercial driver’s license holders from driving a commercial vehicle with a BAC of 0.04% or higher.
However, police can still arrest someone for DUI even if they don’t have a high BAC. They simply need to be caught driving while “intoxicated.” Evidence of intoxication could include failed field sobriety test results, the presence of drugs in a person’s blood test, or other physical and behavioral factors that suggest impairment.
Louisiana’s DWI Child Endangerment Law
According to Louisiana’s child endangerment law (La. R.S. § 14:98(B)), if you’re caught driving under the influence with a child aged 12 or younger in the car, you can face enhanced DUI penalties. This means that, if convicted, you may face harsher sentencing because you put a child’s safety at risk.
A DUI offense involving a minor can lead to mandatory minimum jail sentences and may even affect your professional licenses or custody rights. If you’re facing DUI charges under these conditions, it’s important to reach out to a Baton Rouge child endangerment attorney on our team. We can protect your legal rights and work toward reduced penalties.
What Are the Penalties for a First DUI Offense in Louisiana?
According to La. R.S. § 14:98.1, a first DUI conviction in Louisiana can result in the following penalties:
- Fines between $300 and $1,000
- Jail time up to 6 months
- Possible probation
- Driver’s license suspension for at least 90 days
- Mandatory 48 hours in jail or 32 hours of mandatory community service
In some cases, the court may order the installation of an ignition interlock device on your vehicle, especially if your blood alcohol content was 0.15% or higher. A first-time DUI offense can also lead to a permanent criminal record and increased car insurance costs.
DUI Jail Time First Offense in Louisiana
According to Louisiana DUI laws, first-time offenders face a jail sentence of up to six months. However, the actual jail time you serve can vary depending on several factors. This could include your BAC level at the time of the arrest, whether there was a child in the vehicle, and whether anyone suffered bodily injury.
Additionally, in some DUI cases, the judge may suspend all or part of the jail sentence if you complete specific requirements like a driver improvement program, community service, or a substance abuse program.
Overall, the jail sentence you receive for a first-time DWI conviction will depend upon the facts of your case, how prosecutors handle your DUI charges, how strong your defense is, and what the judge decides is best in your case. Having a Baton Rouge criminal defense attorney who understands Louisiana DUI laws can make a big difference in whether you face jail time or other DUI penalties.
First Offense DWI Driver’s License Suspension Louisiana
If police arrest you for drunk driving in Louisiana, your driver’s license can be suspended immediately through an Administrative License Suspension (ALS). This can happen if a police officer suspects you are driving under the influence and you either refuse a chemical test for intoxication, or you submit to the test and the results show that your blood alcohol level is above the legal limit.
You have 30 days to request an administrative hearing with the Louisiana Office of Motor Vehicles (OMV) to challenge the suspension. If you don’t take action, the OMV will automatically suspend your license.
If prosecutors then convict you of DUI, the OMV may suspend your license again as part of your sentence. The length of the suspension depends on your blood alcohol concentration (BAC) at the time of arrest. For example, if a chemical test revealed your BAC was between 0.08% and 0.15%, the OMV may suspend your license for 90 days. If your BAC was 0.15% or higher, or you refused the test altogether, the suspension could last 1–2 years.
How To Get License Back After Suspension for DUI in Louisiana
To reinstate your driver’s license, you must first serve your suspension period. Then, you’ll need to complete any court-ordered requirements, pay all fines and reinstatement fees, and file an SR-22 form as proof of insurance. The court may also require you to install an ignition interlock device in your vehicle. Once you meet these requirements, you can apply for reinstatement through the Office of Motor Vehicles.
In some instances, you may be eligible to apply for a hardship license in Louisiana, which allows limited driving privileges for work, school, or medical needs. A Baton Rouge suspended license attorney can help you understand your options and assist with the application process. With the right legal support, you may be able to maintain your ability to drive during your suspension period.
Are You Required to Have an Ignition Interlock Device in Your Car After a First-Time DUI Offense in Louisiana?
Louisiana DUI laws do not automatically require an ignition interlock device after a first-time DUI offense, but the court may still order you to install one.
Under La. R.S. § 14:98.1, if your blood alcohol content was 0.15% or higher, the court requires an ignition interlock device on any motor vehicle you drive. Even if your BAC was below that threshold, a judge can still impose an interlock requirement as part of your DUI penalties.
What Are the Penalties for a CDL DUI First Offense?
When you have a commercial driver’s license (CDL) and prosecutors charge you with a DUI, the consequences are more severe than for regular drivers. Under Louisiana DUI laws, police may arrest a commercial driver for a DUI for having a blood alcohol concentration of just 0.04%, half the legal limit for non-commercial drivers.
A first-time DUI offense can result in a one-year driver’s license suspension, and that includes your commercial driving privileges. If you were driving a commercial vehicle carrying hazardous materials, the suspension could last up to three years.
Because a DUI conviction can cost you your job and your future in commercial driving, it’s essential to take action right away. A Baton Rouge CDL DUI lawyer at the Law Offices of Ossie Brown can help you understand your legal options, challenge the DUI charges, and protect your commercial driver status.
Can You Get a DUI Expunged in Louisiana?
Yes, you can have a first DUI conviction expunged after you’ve completed all sentencing requirements, including probation and any court-ordered programs. You will also have to complete the entire suspension period without subsequent offenses or recent convictions. It’s important to note that while the court may remove your DUI from your public record, law enforcement, court officials, and licensing boards can still see your prior conviction.
The expungement process typically requires the help of an attorney who can work to clear the DUI charge from your record. Our Baton Rouge expungement attorneys will handle the legal paperwork, file your petition with the court, and ensure all requirements are met so you can move forward with a clean record.
How Just One DUI Conviction Can Affect Your Future
Even just one DUI conviction in Louisiana can have consequences that go far beyond fines and jail time. A single DUI conviction creates a criminal record that can hurt your ability to get a job, qualify for certain professional licenses, or pass a background check, even if you have no prior offenses.
Additionally, your car insurance company may consider you a high-risk driver and hike your premiums. Beyond the financial impact, a DUI offense can also hurt your reputation with family, friends, and employers. If you hold a commercial driver’s license, a DUI can result in the loss of your CDL and put your job in jeopardy.
It’s also important to remember that after you have one DUI offense on your record, you face increased penalties for any future DUI conviction you receive. With so much at stake, it’s essential to have an experienced criminal defense lawyer in Baton Rouge who will fight the charges against you and protect your rights.
What to Do After a DUI Arrest in Louisiana
If police have arrested you for driving while intoxicated, there are some steps you need to take to minimize the impact of the charge. Here’s what to do if you’re pulled over for DUI in Louisiana:
- Stay Calm and Cooperate: Be respectful with the police officer, but remember you have the right to remain silent and to speak with a lawyer.
- Document Everything: Write down everything you remember about the arrest, how much you drank, how the officer handled the stop, and whether anyone witnessed the incident. Also, request a copy of the police report. These details are essential for building your defense.
- Request an Administrative Hearing: Your driver’s license can be suspended immediately after a DUI arrest. You have 30 days to request a hearing with the Louisiana Office of Motor Vehicles to challenge the suspension.
- Hire an Attorney: A criminal defense lawyer in Baton Rouge can review your blood alcohol concentration test results, gather witness statements, and represent you in court. An experienced lawyer is necessary to protect your driving privileges and reduce the DUI penalties.
- Follow Court Orders: Make sure to follow all court instructions. This includes paying fines, completing required programs, and submitting paperwork on time. Missing a court date or failing to comply can lead to additional penalties.
- Apply for a Hardship License: If your driver’s license is suspended, you may be eligible for a hardship license to drive to work, school, or medical appointments. Your attorney can help you through the application process.
Contact a Baton Rouge First-Offense DUI Lawyer at the Law Offices of Ossie Brown Today
At the Law Offices of Ossie Brown, we understand how stressful it is to face a DUI charge. You may be worried about losing your driving license, facing jail time, or damaging your reputation and career.
Whether it’s your first time or you’ve had multiple DUIs, our Baton Rouge DUI lawyers are prepared to defend you at every stage of the legal process. We handle everything from first offense DUI charges to more serious cases that involve aggravating factors or felony charges. We’ll review the facts of your case and work to build a defense that protects your freedom and future.
No matter your situation, we’re here to fight for the best possible outcome. Call (225) 343-1111 or contact us online to schedule a free consultation today.