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alcohol influence

When Is a DWI Charged as a Felony in Louisiana?

October 7, 2024Eric G. Johnson

Most people have heard of a driving under the influence (DUI) charge, but Louisiana also uses the term driving while intoxicated (DWI) to label drunk driving. A person will be charged with a DWI if they are caught driving with blood alcohol content (BAC) of more than 0.08%. While most first-time DWI offenses are treated as misdemeanors, there are certain instances in which a DWI will be charged as a felony.

If you are facing felony DWI charges, you need a legal team that will advocate for you and protect your rights. Do not hesitate to secure excellent legal representation in your DWI case today. John D. & Eric G. Johnson Law Firm has a skilled team of criminal defense attorneys who are ready to help you defend against your felony DWI charges.

Table of Contents

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  • DWI Felony Charges in Louisiana
  • Challenging Felony DWI Charges
  • Let John D. & Eric G. Johnson Law Firm’s Criminal Defense Lawyers Represent You

DWI Felony Charges in Louisiana

In Louisiana, you can expect to receive DWI charges if your BAC exceeds 0.08% while driving. The police may also charge you with a DWI for driving while intoxicated with marijuana, other illegal substances, or prescription medications. The typical first-time DWI offense is charged as a misdemeanor, and the penalty includes incarceration for up to six months and a fine of up to $1,000. However, a first-time DWI incident will be charged as a felony when death or child endangerment is involved.

Felony charges bring much longer sentences and higher fines than misdemeanor charges. When a person receives felony charges for a third DWI offense, they will face a jail sentence of up to five years without the possibility of probation for the first year, a fine of $2,000, and community service. A fourth DWI offense will bring even more severe penalties. It should also be noted that the punishments for any DWI offense will be even greater when child endangerment is involved.

Challenging Felony DWI Charges

If you have received felony DWI charges, you will need strong legal representation. A skilled criminal defense lawyer will be able to investigate your case and identify any relevant defenses you can raise regarding your DWI arrest. For example, you could argue that the arresting officer did not have sufficient probable cause to justify pulling your vehicle over in the first place. An additional defense is that the breathalyzer test equipment was not working properly, thus causing inaccurate results. These are just a few examples of the kinds of defenses used to challenge DWI charges.

Felony DWI charges should be taken seriously, and you should not attempt to represent yourself in a court of law. Even if you prepare in advance, you will most likely fail to meet the court’s strict rules. An experienced criminal defense attorney can make sure you are satisfying the various procedures, rules, and deadlines of the Louisiana criminal justice system. 

Let John D. & Eric G. Johnson Law Firm’s Criminal Defense Lawyers Represent You

Felony DWI charges carry the threat of lengthy jail sentences and lofty fines. Although a person’s first and second DWI offenses are usually charged as misdemeanors, any DWI offense after that will be charged as a felony. You may be able to defend yourself against felony DWI charges with the help of a skilled legal team. A criminal defense lawyer can investigate your case, identify legal defenses, and make sure your rights are protected. Our team of dedicated criminal defense attorneys may be able to help you defend yourself today.

At John D. & Eric G. Johnson Law Firm, we want to be your advocate. Our experienced lawyers have successfully represented many past clients in their DWI cases. Do not hesitate to schedule a consultation with a member of our team today. To reach us, you can call (318) 377-1555 or fill out our contact form.

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John D. & Eric G. Johnson Law Firm, LLC
Office: 318-377-1555 | Fax: 318-377-1559
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John D. & Eric G. Johnson Law Firm, LLC
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