If you’ve been wrongfully accused of a DWI, the professionals at The Law Offices of Ossie Brown are here to help. Each state has their own penalties and laws when it comes to DWIs. Whether this is your first or fourth offense, you know you have a fighting chance. With an experienced DUI/DWI attorney, like those at the Law Offices of Ossie Brown.

There’s been some confusion about DUI vs DWI. In fact, DUI and DWI are actually the same crime and there is no difference between the two. If a police officer tells you that you are driving under the influence (DUI) but someone else says you’re driving while intoxicated (DWI), they’re both talking about the same allegation. Also, driving under the influence isn’t exclusively alcohol-related. You may also be charged for operating a vehicle under the influence of drugs as well. Don’t get lost in the confusion. Contact the Law Offices of Ossie Brown.

Louisiana may be known for being a “party state,” but that doesn’t mean law enforcement is lenient on DWI laws or enforcement. The penalties in Louisiana actually become harsher with each offense. 

The first offense is considered a misdemeanor. Upon conviction, you could face the following:

• Probation up to two years.
• 10 days to 6 months jail time.
• A fine of $300 to $1,000.
• 48 hours in jail or 32 hours of community service.
• Participation in a court-approved substance abuse program and a court-approved driver improvement program. 

The second offense is also a misdemeanor, but the penalties increase substantially. 

• A fine ranging from $750 to $1,000.
• 30 days to 6 months jail time.
• 240 hours of community service.
• Up to 6 months probation and 48 hours spent in jail.
• Participation in a court-approved substance abuse program and a court-approved driver improvement program. 
• Some judges order you to have an ignition interlock device, in order to continue your driving privileges . This device measures your breath to see how much alcohol may be in your system before you are allowed to drive your car.

While first and second offense DWIs are both considered misdemeanors, a third offense is a felony. Because of this, the penalties are much more severe than the first two offenses.

• You could face a fine of $2,000.
• One to five years imprisonment.
• 240 hours of community service.
• Up to 5 years of probation. One year must be spent in jail, along with community service and re-education programs.
• Substance abuse evaluation and substance abuse treatment.
• The prosecutor may seize the offender’s vehicle.
• Some judges order you to have an ignition interlock device.
• Probation for the full length of any suspended sentence plus home incarceration for a minimum of 6 months.

For fourth offense DWIs and any additional offense, the penalties remain severe and are deemed felonies. And, those offenses carry the most serious punishments. They include: 

• Fine up to $5,000.
• Minimum jail time of 10 years and a maximum of 30 years. Two of these years are without the benefit of suspension.
• Probation up to 5 years.
• 320 hours of community service.
• Home incarceration for at least one year.
• Seizure of the vehicle.
• Requirement to undergo a substance abuse evaluation.
• An order to comply with substance abuse treatment for four weeks inpatient and 12 months outpatient.

In Louisiana, there is a legal alcohol limit that changes depending on whether the driver is an adult, under the age of 21, or a commercial driver. For adult drivers, the maximum legal Blood Alcohol Concentration (BAC) limit is 0.08%, 0.02 % for those under 21, and 0.04% for commercial drivers. Additionally, drivers that commit the offense of DWI with a blood-alcohol content of 0.15, a BAC of 0.20, or has a minor 12 years or under in the vehicle are subject to enhanced penalties. 

If you have been arrested for a DWI, you have thirty days from the date of arrest to request an administrative hearing regarding the status/suspension of your driver’s license. Additional factors determine the suspension period and/or reinstatement requirements. Discover more with our experienced attorneys.