Louisiana DWI Penalties

A driver convicted of DWI faces a range of possible penalties depending on their BAC score and the number of prior offenses within the last ten years. Generally, the penalties consist of:

• 1st Offense: Jail time of 10 days to 6 months, fines of $300-$1,000, and the judge can order an Ignition Interlock Device (IDDs) during prohibition.
• 2nd Offense: Jail time of 30 days to 6 months, fines of $750 to $1,000, and a minimum of 6 months of probation with an IIDs.
• 3rd Offense: Prison time of 1 to 5 years, fine of $2,000, IIDs during probation, and required treatment program. 

These charges may become harsher if there are prior vehicular homicide and vehicular negligent injury convictions on the alleged offender’s record. 

How a Criminal Defense Lawyer Can Help You

Criminal defense lawyers are people you can when you’re in trouble and are facing criminal charges. They specialize in representing and defending people charged with criminal and illegal activities, such as DWIs. Hiring an experienced DWI defense lawyer can mean the difference between severe and harsh penalties and the dismissal of all charges. 

An attorney looks at all aspects of your case and builds a strong defense to achieve the best possible result for your circumstances. The district attorney’s office will have a strong lawyer at their disposal, but when you work with a trusted and experienced lawyer, you are not only leveling the playing field but giving yourself a fighting chance. Hiring a DWI lawyer can help you keep your license, reduce your charges, lower your bail, and reduce the penalties if you are found guilty.

Louisiana’s Implied Consent Law

Louisiana DWI charges can result in two types of license suspensions: one that results from an arrest and another from a conviction. These suspensions can overlap, meaning the driver doesn’t usually need to complete two full suspension periods. 

Implied Consent During a DWI Arrest

Under Louisiana law, there is “implied consent,” which allows an officer to request a breath, blood, or urine test to determine the amount of alcohol or drugs in someone’s system. The idea behind the implied consent law is that a person who willingly drives on a public roadway thereby implicitly agrees to take a DWI test if asked to do so by an officer. However, a driver is only required to submit to testing if the responding officer has probable cause to believe the driver was driving under the influence. 

When you’re stopped for a DWI in Louisiana as a part of keeping your driver’s license, you need to agree to DWI testing if requested by an officer. The penalty for refusing to take the DWI tests typically consists of a license suspension, and the refusal of the test becomes admissible in court as consciousness of guilt which carries an additional penalty. 

3 Things to Know About Louisiana DWI Arrest

Some things to be aware of if arrested for a DWI include: 

1. You’re not Talking your way out of an Arrest

Many people have the idea that there’s a way to “smooth talk” their way out of a DWI arrest. However, the fact is that’s not often true. The best thing to do is exercise your right to remain silent. While you are required to give your name and identifying information, you don’t need to answer all the officer’s questions—and it’s often better not to answer them. You don’t need to give the officer any information about how much you had to drink or where you’re coming from or going. This information is best told to your attorney and no one else. 

2. When can Law Enforcement Draw Blood for a Blood Alcohol Test?

Law enforcement can only draw blood if they have a warrant to draw your blood or if there is a fatality or serious bodily injury that occurred because of the accident. They may also draw your blood if your consent to them doing it. 

3. Can a DWI Arrest or Conviction Affect Travel?

Domestic travel is typically unaffected by a DWI arrest or conviction, and you generally don’t need court permission to travel even while your case is pending. International travel, however, can be affected by a DWI conviction or arrest. Countries like Canada will not let you enter with a DWI conviction. It’s best to check the rules of a country if you plan to travel.