Baton Rouge OWI Charge Defense
Practice Areas
At The Law Offices of Ossie Brown, our Baton Rouge criminal defense attorneys are dedicated to providing strong legal representation for individuals facing OWI charges in Louisiana. Whether you’re dealing with a first-offense OWI or a subsequent offense OWI, the consequences can be severe, impacting your driving privileges, criminal record, and even your freedom.
Here, our defense lawyers explain the best course of action if you’ve been charged with OWI and the specific penalties associated with OWI or DUI charges in Louisiana. If you’ve been arrested for a first offense or subsequent offense, contact the Law Offices of Ossie Brown for a free consultation with an experienced OWI attorney in Baton Rouge.
OWI Meaning Louisiana
In Louisiana, OWI stands for “operating while intoxicated”. An OWI charge applies when the operator’s blood alcohol concentration exceeds the legal limit or while under the influence of a controlled substance. Being charged with an OWI in Louisiana carries serious and specific penalties, depending on whether the accused was charged with a first offense or subsequent charge.
OWI Crash Meaning Louisiana
An OWI accident in Louisiana occurs when a driver involved in a car accident is found to have an operator’s blood alcohol concentration (BAC) of 0.08% or higher. This can result in the driver being arrested and charged with OWI/DUI. The penalties for an OWI crash can be severe, including fines, a suspended license, and possible prison time. Louisiana law treats OWI crashes particularly seriously if injuries or fatalities occur.
Contact an experienced Baton Rouge OWI lawyer at our law firm for a free consultation to discuss your case.
What is an OWI Charge Louisiana?
An OWI charge is a criminal offense charged for operating a motor vehicle, boat, or other conveyance while under the influence of alcohol or a controlled substance. According to the liquor laws in Louisiana, a driver can be charged with OWI if their blood alcohol content is 0.08% or higher or if they are impaired by a controlled substance.
Difference Between OWI and DUI in Lousiana
In Louisiana, OWI (Operating While Intoxicated) and DUI (Driving Under the Influence) refer to the same legal violation, with the terms used interchangeably under Louisiana law. An OWI/DUI offense involves operating a motor vehicle with the operator’s blood alcohol concentration (BAC) over the legal limit.
While DUI charges are used more commonly in other states, Louisiana specifically uses OWI offense terminology. The penalties for an OWI/DUI offense can include fines, driver’s license suspension, jail, community service, and significant court costs. If you’re facing these charges, a law firm specializing in OWI/DUI defense can help you navigate the process and potentially reduce penalties.
Contact a Baton Rouge OWI lawyer from the Law Offices of Ossie Brown for a free consultation.
OWI Offense Aggravating Factors
OWI offense aggravating factors include having a BAC significantly above the legal limit, 0.15% or higher, having a minor passenger in the motor vehicle at the time of the OWI offense, or being involved in an OWI crash.
Repeat OWI offenses, such as a second or third offense, also serve as aggravating factors, leading to harsher penalties such as longer jail sentences, larger fines, and extended license suspensions.
Types of OWI Charges Our DUI Lawyers Commonly Handle
At The Law Offices of Ossie Brown, our DUI lawyers handle various OWI and DUI cases. Whether you’re facing an OWI/DUI charge, boating under the influence, or operating a vehicle while impaired by drugs, it’s important to understand the different types of OWI and DUI charges and how they can impact your life.
Drunk Driving Charges
Drunk driving charges in Louisiana are one of the most common OWI/DUI offenses. If you are caught driving with a blood alcohol concentration (BAC) of 0.08% or higher, you can be charged with OWI. The penalties include fines, a suspended license, jail, community service, and mandatory alcohol education programs.
It is essential to work with a skilled Baton Rouge DWI lawyer to build a strong defense and fight these charges, as OWI convictions can have long-lasting effects on your driving record and future.
Boating OWI Charges
Operating a boat while under the influence of alcohol or drugs is also considered an OWI/DUI offense in Louisiana. Many wonder, “Can you get a DUI on a boat in Baton Rouge?” The answer is yes.
Louisiana laws treat boating under the influence similarly to driving motor vehicles while intoxicated.
Penalties for boating OWI can include fines, jail, community service, and the loss of boating privileges. A Baton Rouge boating DWI attorney from our law firm can help you navigate these charges and protect your rights. Call our OWI lawyer group for a free consultation.
Marajuana OWI Charges
With the growing legalization of marijuana, more people are asking, “Can you get a DUI for driving high in Baton Rouge?” Yes, you can. Operating a motor vehicle while impaired by marijuana is treated as an OWI/DUI offense in Louisiana, just like alcohol-related charges.
Marijuana OWI convictions can lead to significant penalties, including license suspension and a prison sentence. If you are facing marijuana-related OWI/DUI charges, it is important to consult a Baton Rouge marijuana DUI lawyer who understands the nuances of these criminal cases and can provide a solid defense.
Juvenile OWI Charges
Juvenile OWI/DUI charges are particularly serious, as they can affect a young person’s future, from driving privileges to educational opportunities. Louisiana has a zero-tolerance policy for underage drinking and driving, meaning even a small amount of alcohol can lead to a juvenile being arrested for an OWI/DUI.
Baton Rouge juvenile defense lawyers can help young offenders and their families understand the legal process and work toward minimizing the long-term consequences and penalties.
Penalties for OWI Conviction in Baton Rouge
The penalties for OWI convictions in Baton Rouge can vary significantly depending on whether it’s your first offense, second offense, third offense, or subsequent offense. Each level carries its own consequences, including fines, a potential prison sentence, license suspension, and additional penalties like community service, alcohol education, or the installation of an ignition interlock device.
If you’ve been arrested for an OWI, contact our law firm for a free consultation to help determine the best course of action for your specific case.
First Offense OWI
A first-offense OWI in Louisiana is considered a misdemeanor, but the penalties are still severe. Convictions for first-offense OWI offenders could result in fines, jail time, and a driver’s license suspension. Additionally, you may be required to attend alcohol education courses and have an ignition interlock device installed on your vehicle.
If you’re facing charges for your first offense, experienced OWI lawyers in Baton Rouge can provide experienced representation and potentially help reduce the penalties. Call our law firm for a free consultation.
Second Offense OWI
A second offense in Louisiana has harsher penalties, including longer jail time, higher fines, and an extended license suspension. You may also be required to participate in community service and install an ignition interlock device. With second-offense OWIs, the defendant is also at risk of developing a more permanent criminal record.
Working with experienced criminal defense attorneys is critical to explore your legal options and avoid the more severe consequences.
Third Offense OWI
A third offense OWI in Louisiana is treated as a felony, carrying significantly more serious penalties. These can include a lengthy prison sentence, steep fines, and losing your driver’s license for several years. You may also face mandatory alcohol treatment programs and community service. Your best course of action is to work with an experienced OWI attorney in Baton Rouge who can help you craft the best defense and potentially reduce the long-term impact on your life.
Fourth or Subsequent Offense OWI
In Louisiana, a fourth or subsequent OWI offense is treated as a felony and carries severe penalties. If convicted, the offender faces 10 to 30 years of imprisonment, with a minimum of two years served without the possibility of suspension. Additionally, there is a $5,000 fine, and the defendant may also be required to complete substance abuse treatment, serve community service, and attend victim impact panels. Probation may be possible after serving part of the sentence, but this varies by case. Other consequences can include a driver’s license suspension, the installation of an ignition interlock device, and even vehicle forfeiture.
If you are facing such serious penalties, having skilled legal representation is essential to fighting for the best possible outcome.
How a DUI Defense Attorney Can Help With an OWI Charge in Baton Rouge, LA
Before deciding to plead guilty to an OWI charge, it’s important to explore all potential defense strategies with experienced lawyers who can help you achieve the best possible outcome. A criminal defense law firm is essential when you’ve been charged with an OWI in Baton Rouge, as they can provide representation throughout the legal process and defend your rights against the criminal charges brought against you. Their trial skills allow them to challenge the evidence, including the breathalyzer test, blood test, and field sobriety test, to weaken the prosecution’s case.
Many wonder, “Why do you need a lawyer for a DUI in Baton Rouge?” The answer lies in the serious consequences of OWI convictions, such as jail time, court costs, ignition interlock device installation, a suspended license, and a permanent mark on your record.
Our lawyers can provide experienced legal help during plea deal negotiations with district attorneys and advocate on your behalf before a judge. To learn more about how one of our Baton Rouge criminal defense attorneys can help you fight your OWI/DUI charge, contact our law firm today to schedule a free consultation.
Failure or Refusal of Breath Tests, Chemical Tests, or Field Sobriety Tests
Many people ask, “Can you refuse a breathalyzer in Louisiana?” While you have the right to refuse, doing so will likely result in specific penalties under Louisiana’s “implied consent” laws.
Refusing to take sobriety or breath tests can result in serious consequences, including an automatic suspension of your driver’s license, regardless of whether the judge finds you guilty.
This means that by driving on Louisiana roads, you have already consented to these tests if stopped for suspected OWI. Refusal may also be used as evidence against you, making it important to seek legal help from a Baton Rouge OWI attorney if you have refused or failed any of these tests.
Pulled Over for Drunk Driving
If you’re wondering what to do if you’re pulled over for a DUI in Louisiana, the first step is to remain calm and cooperate with the police. Provide your driver’s license, registration, and proof of insurance when asked, but avoid making any statements about whether you’ve been drinking. You have the right to remain silent and should use it to avoid self-incrimination. If asked to perform a field sobriety test, remember that refusal can lead to immediate consequences, such as license suspension.
However, it’s important to understand your rights and seek legal help immediately if you are arrested or charged with an OWI/DUI. Contacting OWI lawyers in Baton Rouge can help you navigate the legal process and work toward minimizing any potential penalties.
DWI Checkpoints
DWI checkpoints are set up by police to stop drivers and check for signs of intoxication. Officers briefly stop motor vehicles, request driver’s licenses and registrations, and may ask for field sobriety or breathalyzer tests if they suspect impairment. Louisiana DWI checkpoints are legal, but officers must follow proper procedures.
If you’re stopped at a DWI checkpoint and charged with an OWI, contacting a DUI defense attorney is essential to ensure your rights are upheld and to explore your legal options.
Administrative License Suspension and Ignition Interlock Device
In Louisiana, an administrative license suspension occurs if you fail or refuse a breathalyzer or chemical test during an OWI stop. This license suspension can result in the temporary loss of the driver’s privileges, even before court dates.
To regain limited driving rights during the suspension, you may be eligible for a hardship license in Louisiana. This license allows you to drive to essential places like work or medical appointments.
If convicted of your OWI charge, you may be required to install an ignition interlock device on your vehicle, which prevents it from starting unless you pass a breathalyzer test.
Possible Defense Strategies Our Baton Rouge OWI Lawyer May Use
When facing an OWI charge in Baton Rouge, having the right criminal defense strategy can make a significant difference in the outcome of your case. Our OWI/DUI lawyers will carefully review the circumstances surrounding your OWI/DUI arrest to identify potential defense strategies.
Whether it’s challenging the accuracy of a breath or field sobriety test, questioning the legality of the traffic stop, or highlighting errors in police procedure, there are several ways to fight an OWI charge.
Rising BAC Defense for OWI Charge
The rising BAC defense argues that your BAC was below the legal limit while driving but increased by the time you were tested due to delayed alcohol absorption. This DUI defense strategy can be effective if there was a delay in testing, casting doubt on the accuracy of the results and potentially leading to a reduction or dismissal of your OWI charge.
Breathalyzer or Field Sobriety Tests Issues
Breathalyzer and field sobriety tests are commonly used to determine impairment but are not always accurate. Various factors can lead to unreliable results, which can be challenged in OWI/DUI cases.
- Faulty Calibration: Breathalyzer devices require regular calibration to ensure accuracy. If the machine used during your test was not properly calibrated, it could have provided an incorrect BAC reading.
- Medication Interference: Certain medications can affect the results of both breathalyzer and sobriety tests. If you were taking prescription or over-the-counter drugs at the time of your OWI arrest, this could have impacted the test results.
- Lactate Ringers: Lactate Ringer’s solution, often used in medical treatments like IV fluids, can potentially cause elevated BAC readings. If you had received this treatment, it might lead to false results on a breathalyzer test.
- Breath Machine Simulator Solution Issues: Breath machines use a simulator solution to ensure proper functioning, but if the solution is outdated or incorrect, the machine could produce inaccurate BAC readings.
- Incorrect Administration of Field Sobriety Test: The field sobriety test must be administered according to specific guidelines. If the officer fails to follow proper procedures, the results of your test may be unreliable.
Police Misconduct or Rights Violations
Police misconduct or rights violations can significantly impact OWI/DUI cases. If your rights were violated or proper procedures weren’t followed, it can be grounds for dismissing the criminal charges.
- Lack of Probable Cause: Police must have a valid or probable cause to stop you. If the officer did not observe any traffic violations or suspicious behavior before the stop, the entire OWI case could be challenged and potentially dismissed.
- Mistaken Identity: In some cases, police may arrest the wrong person, especially in situations involving multiple vehicles or drivers. If you were wrongly identified as the driver, this can be a strong defense in your OWI case.
- Insufficient Evidence: To convict you of an OWI/DUI, the prosecution must have enough evidence to prove you were impaired by alcohol or drugs. If there is a lack of clear evidence, it can weaken the case against you, providing our lawyers an opportunity to fight for the charges to be reduced or dismissed.
Negotiate for Reduction of Criminal Charges
Negotiating for a reduction of criminal charges is a common defense strategy in OWI/DUI cases, especially when the evidence may not fully support a conviction or when the penalties of a conviction would be particularly harsh.
By working with the district attorney, our Baton Rouge OWI defense attorney group can seek to reduce the OWI charge to a lesser offense, such as a reckless driving charge in Baton Rouge. This can help minimize the long-term consequences, including jail time, fines, and the impact on your driving record.
A skilled DUI defense attorney with strong negotiation and trial skills can work toward securing a plea deal that results in reduced penalties or alternative sentencing options.
Negotiate to Have the OWI Case Dismissed
In some OWI/DUI cases, it may be possible to negotiate for a complete dismissal of the OWI charges. This can occur when there are significant weaknesses in the prosecution’s evidence, such as improperly conducted tests, violations of your legal rights, or insufficient evidence of impairment.
A skilled OWI defense attorney in Baton Rouge can leverage these issues in discussions with the district attorney to have the case dismissed before trial. Having your case dismissed means avoiding the serious consequences of an OWI conviction, such as jail time, community service, fines, court costs, and criminal records.
Experienced OWI Attorney in Baton Rouge, LA
If you’re facing an OWI charge in Baton Rouge, having experienced legal representation is crucial to protecting your rights and minimizing the impact on your future. The Law Offices of Ossie Brown is here to provide the best defense strategy for your case.
Our skilled OWI defense attorneys understand the complexities of OWI/DUI cases and will work tirelessly to achieve the best possible outcome for you. Contact our law firm to schedule a free consultation with an experienced Baton Rouge OWI attorney today.
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