What Are the Penalties for DUI?
Louisiana Drunk Driving Defense
Under Louisiana criminal law, even a single conviction for driving under the influence (DUI) or driving while intoxicated (DWI), known in Louisiana as operating while intoxicated (OWI), can have serious and, in many cases permanent, legal and personal consequences.
Baton Rouge criminal defense attorney Rhett Spano is highly experienced in DUI / Drunk Driving Defense. He is listed as a Lousiana DUI Attorney by a leading DUI expert at Fact Finder Investigations, an organization dedicated to DUI defense education.
Call Baton Rouge DUI/DWI Defense Attorney Rhett Spano for a free and confidential consultation regarding your case. Call now at (225) 341-7506 or contact us online.
What Are the Penalties for DUI/DWI?
If you agree to adhere to an alcohol treatment program, you may be able to avoid jail time, but probation is still a possibility. Punishments for second, third, and subsequent convictions are dramatically enhanced.
The legal consequences for DUI, known in Louisiana as operating while intoxicated (OWI), are severe. In addition to a mandatory substance abuse evaluation and driving improvement training, here are the potential penalties of a DUI conviction:
First Offense DUI/DWI
A first arrest DUI/DWI is a misdemeanor, which can result in a sentence of 10 days to 6 months in jail (probatable), a fine of $300 to $1000 (plus court costs), a 90-day suspension of your driver’s license, The jail term may be suspended and you can be placed on probation if you: perform 32 hours of community service, participate in an approved substance abuse program and driver improvement program.
However, if your blood alcohol content (BAC%) is 15% or higher you must serve at least 2 days in jail in addition to the above. If your blood alcohol content (BAC%) is .20% or higher you must serve at least 2 days in jail in addition to the above, and pay a minimum fine of $750.00.
Second Offense DUI/DWI
A second arrest for DUI/DWI is also a misdemeanor. However, the penalties are increased: the fine is $750 to $1000, a one year suspension of your license, and 30 days to 6 months in jail. All but 48 hours of the jail term may be suspended and you can be placed on probation if you: perform 240 hours of community service, participate in an approved substance abuse program and driver improvement program.
However, if your blood alcohol content (BAC%) is 15% or higher you must serve at least 4 days in jail in addition to the above. If your blood alcohol content (BAC%) is .20% or higher you must serve at least 4 days in jail in addition to the above, and pay a minimum fine of $1000.00.
Third Offense DUI/DWI
A third arrest for DUI/DWI is a felony. The penalties are therefore more severe: jail time of 1 to 5 years (all but 1 year may be suspended), a mandatory $2000 fine (plus court costs), a 2 year suspension of your license and perform 240 hours of community service. In addition, any probation to which you are sentenced will be required to be served as home incarceration with electronic monitoring and curfew restrictions and seizure and sale of the vehicle you were driving with the proceeds going to the state. Call Baton Rouge DUI/DWI Defense Attorney Rhett Spano for a free and confidential consultation regarding your case.
Fourth Offense DUI/DWI
A fourth arrest for DUI/DWI is a serious felony charge with harsh penalties: 10 to 30 years in prison (all but two years may be suspended), a mandatory $5000 fine (plus court costs), 320 hours of community service and 2 year suspension of your license. In addition, any probation will be required to be served as home incarceration with electronic monitoring and curfew restrictions and seizure and sale of the vehicle you were driving with the proceeds going to the state. Call Baton Rouge DUI/DWI Defense Attorney Rhett Spano for a free and confidential consultation regarding your case.
Consequences of Refusing to Submit to the Blood Alcohol Test
If you have been arrested for DUI/DWI and you refused to submit to the chemical test, you need to know the penalties, which are found in Louisiana Revised Statute 32:666. If this is your first time to refuse the chemical test, you can expect to have your drivers license seized and suspended for 180 days and you will not be eligible for a hardship license for 90 days. You will only be issued a hardship license if you obtain an obtain ignition interlock device and carry SR-22 insurance for 3 years. If it is your second refusal to submit to the blood alcohol test your license will be suspend for 545 days without eligibility for a hardship license.
Ignition Interlock Devices
As established in Louisiana Revised Statute 32:378.2, if you have been convicted of DUI/DWI the court may require as part of your probation that you not operate a motor vehicle unless it is first equipped with an ignition interlock device. An "ignition interlock device" prevents a motor vehicle from being started at any time without first determining the equivalent blood alcohol level of the operator through the taking of a breath sample for testing. An ignition interlock device is also required if you have refused to submit to the chemical test for blood alcohol.
Call Baton Rouge DUI/DWI Defense Attorney Rhett Spano for a free and confidential consultation regarding your case. Call now at (225) 341-7506 or contact us online.
Suspension of Nonresident’s Drivers License
If you are not a resident of Louisiana and you have been arrested here for DUI/DWI and/or you have refused to take the chemical test for blood alcohol, the state of Louisiana does not have the authority to directly suspend your drivers license. However, Louisiana will most likely notify your home state and they may act to suspend your license. See Louisiana Revised Statute 32:699.
Criminal Defense in Baton Rouge
If you have been arrested for a DUI or OWI, it is important to contact experienced criminal defense lawyers in Baton Rouge as soon as possible. Police sometimes make mistakes that a good criminal defense lawyer in Baton Rouge can uncover and use to help secure an acquittal. Baton Rouge criminal defense attorney Rhett P. Spano can also assist you with your license revocation hearing. Call 225-341-7506 or fill out the online contact form to schedule a free initial consultation regarding your case.
