In Louisiana, it is illegal for an adult over the age of 21 to operate a motor vehicle with a blood alcohol concentration level of .08% or above. This is the standard measurement found across the United States. Additionally, you can also get a DWI (Driving While Intoxicated) charge if your BAC is .02% or higher and you’re under 21, or if your BAC is .04% or higher and you have a commercial driver’s license.
Individuals react to alcohol in varying ways, so there’s no set amount you can drink and be okay to drive. It’s always a good idea to never drive after you’ve been drinking, even if you’ve only had a little bit of alcohol.
Sometimes, however, people make mistakes. According to the most recent statistics from the FBI, roughly 8,000 people a year are charged with Driving While Intoxicated in Louisiana. So if you’ve been charged with a DWI, you’re not alone.
A DWI is obviously not an ideal situation. It can be a confusing, complicated and expensive ordeal. One of the best resources you can have on your side, however, is information. When you know what to expect, you can get through the legal process quicker and return to your normal life faster.
DWI Penalties in Louisiana
Your first DWI is a criminal offense, and goes on your record. The associated fine can be up to $1,000, and you’ll also have to pay for all of the legal proceedings. First time offenders can spend up to six months in jail. Additionally, those over 21 can lose their license for up to 90 days, while those under 21 can lose their license for up to six months.
The second DWI offense guarantees a minimum of 48 hours in jail, which can be extended all the way up to six months. As with the first offense, the fine is $1,000 plus court costs. A conviction will also result in the loss of your license for up to one year.
A third DWI conviction results in a sentence of between one and five years in prison, as well as a felony placed on your record. The fine can be up to $2,000, plus court costs. Your driver’s license will be taken away for two years. Even your car might be seized and sold by the court.
Additionally, a three-time DWI offender will have to undergo six weeks of inpatient and one year of outpatient treatment for substance abuse. Home incarceration is also common, as is 38 hours of court-approved community service.
You want to really avoid a fourth DWI conviction, because the penalties ramp up quite a bit. Four DWIs results in a sentence of up to 30 years in prison, with 75 days of that time being mandatory. Fines can go up to $5,000, your license will be revoked for two years and your car, again, can be seized and sold.
Like the penalties for three DWI convictions, a fourth conviction also results in six months of inpatient and 12 months of outpatient treatment for substance abuse. For the fourth conviction, the number of required community service hours goes up to 48.
State-Wide, and Nation-Wide, Enforcement
The penalties for DWI in Louisiana are state-wide, so it doesn’t matter if you were driving in Baton Rouge, Shreveport, New Orleans or anywhere within the state’s borders. Additionally, if you have a Louisiana driver’s license and are charged with a drunk driving related offense in another state, typically the penalties will carry over to your home state.
This is due to the Interstate Driver’s License Compact, an agreement between most states in the country to share information about drunk driving charges. So if you’re visiting Louisiana from out-of-state, be careful when it comes to drinking and driving. Any DWI charges you incur here could easily follow you home.
Road to Recovery
Legal representation is a huge factor in putting any DWI charges behind you. In Louisiana, some offenders can have their DWI reduced down to a reckless driving charge. This process is commonly called a “wet reckless.” However, without a good lawyer on your side, it can be difficult to navigate the plea bargain process.
There’s no way around it — a DWI is not a pleasant experience. But knowing what to expect can certainly be an asset, as can having a qualified Louisiana DWI lawyer on your side. Everyone makes mistakes. If you’ve been charged with a DWI, you don’t have to go through it uniformed and alone.