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Penalties for All DWI's

Without an experienced DWI defense attorney, you could face the following under the NEW DWI/DUI laws:

  • On a 1st or 2nd conviction, you could serve 6 months in jail and loss of your driving privileges for up to three years depending on your BAC and CDL
  • On a 3rd conviction, you must serve at least a 1 year jail sentence and loss of your driving privileges for 3 or more years depending on BAC and CDL
  • On a 4th conviction, you must serve at least a 10 year jail sentence

NOTE: If this is your 3rd or 4th offenses, we may be able to qualify you for Drug Court programs instead of jail (Not available in all parishes)

Specific penalties for DWI offenses increase dramatically with each subsequent conviction. Below is a general idea of the penalties you could be facing if arrested for DWI in Louisiana.  However, we, as experienced DWI defense attorneys, can frequently find ways to lessen the severity of any punishment based on the specific facts of your case.

First Offense DWI

A first-offense DWI is still considered a misdemeanor with the following minimum penalties.

  • Up to six months imprisonment or a fine of $300 to $1,000
  • 48 hours in jail
  • Up to two years probation (depending on the court)
  • About 30 hours of re-education involving mandatory attendance and completion of three courses in substance abuse, driver improvement, and a MADD victims impact program
  • Plus at least 32 hours of community service, half of which must be garbage pickup on the street
  • 90 day to 2 year suspension of your driving privileges

However, in most cases, we can keep it off your record depending on your facts specifically. If you are charged with a first-offense DWI, I would highly recommend hiring a criminal defense attorney to represent you.  If your 1st-time DWI arrest is the result of a Blood alcohol level tested either by breath or blood and the result is or maybe over a .15 or worse over .20, you need to speck to an experienced DWI attorney immediately as your DWI arrest comes with special time sensitive mandatory increased penalties and time limits on raising defenses. 

Note:

1. If your DWI charge includes a violation of the child endangerment law, a jail sentences cannot be suspended or deferred. 

2.  If arrested not convicted for a Second or greater DWI offense an ignition interlock on all vehicles driven by the offender shall be required as a condition of your Bond for your release from jail

Second Offense DWI

A second-offense DWI is still considered a misdemeanor however may be difficult to keep off your record as it has the following minimum penalties:

  • A minimum fine of $750 to $1,000
  • 48 hours of the sentence must be served without benefit of suspension
  • The most onerous penalty is 30 days of community service.
  • The same re-education requirements exist in the case of a second time DWI.
  • Be advised that certain judges impose a six month ignition interlock requirement if the BAC was deemed “high” by whatever standard the individual judge imposes. This is not related to any suspension imposed by the Department of Public Safety.
  • 1 year up 4 year suspension of your driving privileges

If your 2nd-time DWI arrest is the result of a Blood alcohol level tested either by breath or blood and the result is or maybe over a .15 or worse over .20, you need to speck to an experienced DWI attorney immediately as your DWI arrest comes with special time sensitive mandatory increased penalties and time limits to raise defenses.

 

Note:

  1.  If your DWI charge includes a violation of the child endangerment law, a jail sentences cannot be suspended or deferred. 
  2. On the second offense, if there is a charge of Negligent Injury or Vehicular Homicide, certain jail sentences are mandatory. When a second offense is combined with a negligent injury charge or a vehicular homicide charge, the prison term for the second offense becomes one to five years, with or without hard labor, and a fine of $2,000. Six months must be served without benefit of suspension or parole.

    Third Offense DWI

    A third-offense DWI is considered is a felony that now has mandatory jail time with the following minimum penalties:

  3. A fine of $2,000
  4. One to five years imprisonment with or without hard labor, one year to be served without suspension of sentence
  5. 30 days of community service
  6. A requirement to undergo an evaluation to determine the extent of the addictive disorder
  7. An order to comply with inpatient treatment for four weeks, plus 12 months of out-patient treatment
  8. Probation for the full length of any suspended sentence plus home incarceration (An offender sentenced to home incarceration may be ordered to wear tracking devices and have curfew restrictions and electronic monitoring, at his expense.)
  9. The prosecutor may seize the offender’s vehicle and sell it, if he chooses.

 

If your 3rd-time DWI arrest is the result of a Blood alcohol level tested either by breath or blood and the result is or maybe over a .15 or worse over .20, you need to speck to an experienced DWI attorney immediately as your DWI arrest comes with special time sensitive mandatory increased penalties and time limits to raise defenses.

Note:

  1.  If your DWI charge includes a violation of the child endangerment law, a jail sentences cannot be suspended or deferred. 
  2. On the third offense, if there is a charge of Negligent Injury or Vehicular Homicide, certain jail sentences are mandatory. When a second offense is combined with a negligent injury charge or a vehicular homicide charge, the prison term for the second offense becomes up to 25 years, with or without hard labor, and a fine.

Fourth or Subsequent Fourth Offense

A fourth-offense or “subsequent fourth offense” is considered a major felony, regardless of if you were convicted prior you can be charged with the following minimum penalties:

  • A fine of $5,000
  • A prison sentence of a minimum of ten years to a maximum of 30 years imprisonment
  • 40 days of community service
  • Two years of the sentence must be served without suspension or parole
  • Home incarceration for at least one year
  • Probation
  • Electronic monitoring
  • Seizure of the vehicle the offender was driving
  • Treatment
  • Additional penalties are imposed if there was a violation of the child endangerment law

If your 4th-time or greater DWI arrest is the result of a Blood alcohol level tested either by breath or blood and the result is or maybe over a .15 or worse over .20, you need to speck to an experienced DWI attorney immediately as your DWI arrest comes with special time sensitive mandatory increased penalties and time limits to raise defenses.

Penalties for Vehicular Homicide

  • Fine of $2,000 to $15,000
  • Imprisonment with or without hard labor for 5 to 30 years, with a minimum served of three years without benefit of parole or suspension
  • If the BAC is .15, then five years of the sentence is without benefit of parole or suspension.

Be advised that the courts are now sentencing on the high end of the prison sentences due to pressure from MADD (Mothers Against Drunk Driving). There are other penalties similar to the DWI penalties.

Penalties for Vehicular Negligent Injury

  • Up to $2,000 fine, plus imprisonment with or without hard labor, for up to five years however my be stacked on top of the felony DWI.

Penalties for Underage DWI

  • First Conviction: $100 to $250 fine, plus court approved substance abuse and driver education program
  • Second Conviction: $150 to $500 fine, ten days imprisonment; or probation with ten days of community service, possible substance abuse treatment and screening, and court ordered treatment programs

Regardless of the number of convictions on your record, our firm will work with you to formulate a strategy to attain the best possible outcome for your case. There are various circumstances that can impact your case such as whether you’ve had prior offenses in the last 10 years, to what extent your blood alcohol content (BAC) exceeded the legal threshold, whether you were underage or a minor, the existence of minor passenger and whether you have a commercial license.

Depending on the specifics of your case, some prosecutors are reluctant to allow a plea bargain; The Joe Larre Law Firm will work diligently to convince the prosecutor that you deserve leniency.  Once the prosecutor agrees to a plea bargain, you may plead guilty to a lesser charge, typically some form of alcohol related reckless driving or a lessor DWI.  While a plea deal will have less onerous consequences, it may still result in loss of your driver’s license as that is handled solely be the department of Motor Vehicle.   

Given the harshness of the penalties you may face for DWI in Louisiana, you should not entrust your case to just any attorney.  Joe Larre` and his firm have represented countless individuals in Louisiana facing DWI charges and can aggressively represent you to obtain the best possible result.  Contact the Joe Larre’ Law Firm at our Gretna, Mandeville or Thibodeaux offices by calling (504)520-8989 for free consultation today.

Lousiana Revised Statutes §14:98.1. Operating while intoxicated; first offense; penalties

Louisiana Revised Statutes §14:98.2. Operating while intoxicated; second offense; penalties

Louisiana Revised Statutes §14:98.3. Operating while intoxicated; third offense; penalties

Lousiana Revised Statutes §14:98.4.  Operating while intoxicated; fourth offense; penalties

Louisiana Revised Statutes §14.98.5.  Special provisions and definitions

Louisiana Revised Statutes §14.98.6.  Underage operating while intoxicated

Louisiana Revised Statutes §14.98.7.  Unlawful refusal to submit to chemical tests; arrests for driving while intoxicated

Louisiana Revised Statutes §14.98.8.  Operating a vehicle while under suspension for certain prior offenses

Louisiana Revised Statutes §32:667 Seizure of License; circumstances; temporary license

Louisiana Revised Statutes §32:669 Suspension of nonresident's operating privilege; notification to state of residence

Louisiana Revised Statutes §32:670 Test results for persons under the age of twenty-one; exclusion from official driving record











The Joe Larré Law Firm LLC specializes in DWI/DUI Defense, Car Accident Personal Injury, and Criminal defense, assisting clients in Jefferson Parish, Lafourche Parish, St Charles Parish, St Tammany Parish, Plaquemines Parish, Terrebonne Parish, Orleans Parish, East Baton Rouge Parish, Tangipahoa parish, and all other Southern Louisiana Parishes.



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1019 4th St., Gretna, LA 70053
| Phone: 504-520-8989

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