Louisiana DWI Laws and Penalties 2024 Explained

If you operate a motor vehicle under the influence of alcohol or drugs, you could receive a driving while intoxicated (DWI) charge. However, not every charge is given the same treatment. The specific factors in your case can affect the outcome. Understanding Louisiana DWI laws and penalties can help you take the first step in protecting yourself after a charge.

Defending a DWI

DWI cases expand to include more than just getting behind the wheel after consuming alcohol that may cause car accident. Prescription drugs, over-the-counter medications, and illegal substances can also impair your driving ability and, therefore, lead to charges. Law enforcement uses chemical tests and field exercises to figure out an estimated level of impairment.

If you are convicted of a DWI, it typically comes with strict legal consequences. One of the most common penalties for a DWI is fines along with probation. Some convictions might also include jail time and mandatory attendance in an alcohol education or treatment program as well. The long-term consequences of a conviction extend past the courtroom. It can impact your insurance rates, employability, and other important factors.

Consequences After a Conviction

After serving a DWI sentence, there are certain issues that could affect your life in the future:

• Difficulties Finding Employment: Many employers run background checks before hiring an employee. A DWI can raise concerns about whether you are a reliable driver and worker, especially if your role involves driving. Some professional organizations do not allow individuals to obtain licensure if they have a DWI. If your role involves transportation or public safety, your career advancement could be threatened.
• Insurance Rates: A DWI conviction often increases insurance premium rates. Insurance companies could even cancel your policy altogether, which could affect your ability to find affordable coverage. If you have to enroll in a policy from a higher-risk insurance company, they usually require higher rates that can last for several years.
• Social Stigma: Many people, including friends, family members, and others in the community, can view a DWI as a serious blight on your character. This could lead to fewer social invitations, opportunities for connections, and leadership roles within your community, which can affect your personal network.
• Limits on Travel: Some countries restrict entry for individuals with criminal records, impacting vacation and work plans. If you have to cross a border, it might require additional documentation or more paperwork beforehand. This could affect business opportunities or your ability to visit family overseas.
• Housing Challenges: Landlords can deny applications if you have a criminal record. Legal assistance can help address these issues, but property management companies usually have strict policies for screening potential residents. This can limit your housing options and might lead to needing additional security deposits or co-signers.

An attorney can help reduce the consequences of a DWI as much as possible so that you can get back to living your life.

Defense Options in a DWI Case

Building a strong defense against a DWI sometimes begins by challenging a blood alcohol test result. The machines used for these tests are not perfect, and the results can be affected by calibration errors, not administering the test properly, or a contaminated sample. An attorney can review the testing procedures in your case to find any flaws that might have led to an incorrect result.

The validity of an initial traffic stop can also be called into question. Law enforcement has to have a specific reason for pulling you over. If an officer cannot prove that they had a reasonable justification to pull you over, any evidence they found during the stop could be deemed inadmissible in court.

If there were passengers or others who observed what happened, they could provide context to the prosecution’s claims of impairment. There are also situations where some medical conditions, like diabetes or acid reflux, can produce false-positive results in breath tests. It is possible to consult a medical professional to add proof to these defenses and explain how these issues could have affected the test results.

Other cases can benefit from negotiating a plea deal. Every situation is unique, but an attorney can review your situation and figure out what form of defense would be helpful.

FAQs

Q: What Is the Penalty for a First DWI in Louisiana?

A: The penalty for a first DWI in Louisiana largely depends on the details of the case, but common consequences include fines, probation, license suspension, and mandatory education programs to prevent re-offenses. In some cases, jail time can also be imposed. The court might require an ignition interlock device to be installed on your vehicle, which prevents a vehicle from starting if alcohol is detected on the driver’s breath.

Q: How Is Blood Alcohol Tested?

A: Blood alcohol is tested with either breath, blood, or urine tests to review whether you are legally impaired or not. The most common form is breath tests that use a device to estimate blood alcohol content in your breath. Blood tests are normally more precise but must be administered by a trained professional. If you refuse to test, there might be legal consequences that an attorney can help you address.

Q: How Does a DWI Affect Driving Privileges?

A: A DWI affects driving privileges because it can lead to a license suspension or restrictions on driving. This can include a temporary suspension after arrest or a longer one after a conviction. Some drivers qualify for restricted licenses that let them drive to work and back. The penalties for driving on a suspended license are serious and can damage your case. It is possible to contest the suspension or keep limited driving privileges.

Q: Can a DWI Be Dismissed in Louisiana?

A: A DWI can be dismissed in Louisiana in some cases, but this depends on the individual situation. Factors like errors in blood alcohol testing, mistakes in traffic stops, or simply a lack of evidence can weaken the prosecution’s case. Sometimes, pleading to a lesser offense can result in lesser penalties. If the prosecution cannot prove their side, the case might be dismissed. There are many different options that might be appropriate for each individual case.

A DWI Does Not Define You

A single mistake can affect your driving record, your job, and your future. A DWI is a challenge, but it is not the end of the road. Schedule a consultation with Chris Villemarette, Trial Lawyer, today for experienced advocacy that can help you find answers for your case.