Driving While Intoxicated (DWI) – David E. Stanley, APLC
Understanding DWI in Louisiana
Are you facing a DWI charge in Louisiana? What may seem like a minor violation carries serious consequences. You risk losing your driver’s license, paying substantial fines, and serving jail time. A DWI charge can affect your career, and a criminal record may stay with you for years. The legal process is intricate, and a single mistake could have lasting effects.
As an experienced DWI attorney, David Stanley, APLC is here to guide you through the complexities of DWI law in Louisiana and help protect your rights.
What Constitutes a DWI in Louisiana?
In Louisiana, DWI (Driving While Intoxicated) is the term used to describe impaired driving. The state considers you to be driving while intoxicated if:
- Your blood alcohol concentration (BAC) is 0.08% or higher
- You’re under the influence of alcohol
- You’re under the influence of controlled dangerous substances (CDS)
- You’re under the influence of a combination of alcohol and legal drugs
It’s important to note that in Louisiana, there’s no legal distinction between DWI and DUI (Driving Under the Influence).
Louisiana DWI Offenses and Penalties
First Offense DWI (Misdemeanor)
- Fine: $300 to $1,000 ($750 to $1,000 if BAC is 0.20% or higher)
- Jail time: 10 days to 6 months
- License suspension: 12 months (2 years if BAC is 0.20% or higher)
- Mandatory 48 hours in jail or 32 hours of community service
- Participation in court-approved substance abuse and driver improvement programs
Second Offense DWI (Misdemeanor)
- Fine: $750 to $1,000
- Jail time: 30 days to 6 months (at least 48 hours required)
- License suspension: Up to 2 years
- 240 hours of community service
- Substance abuse evaluation and treatment
- Participation in a court-approved driver improvement program
- Possible installation of an ignition interlock device
Third Offense DWI (Felony)
- Fine: $2,000
- Jail time: 1 to 5 years (minimum 1 year without suspension)
- License suspension: 3 years
- 240 hours of community service
- Substance abuse evaluation and treatment
- Participation in a court-approved driver improvement program
- Possible vehicle seizure and sale
Fourth Offense DWI (Felony)
- Fine: $5,000
- Jail time: 10 to 30 years (minimum 2 years without suspension)
- License suspension: Up to 4 years
- 320 hours of community service
- Mandatory substance abuse treatment
- Installation of ignition interlock device
- Possible vehicle forfeiture
For all offenses, the court can impose harsher penalties if a child under 12 is present in the vehicle or if the BAC reaches 0.15% or higher and, if the BAC reaches 0.20% or higher, the court may impose even harsher penalties. Additionally, the court may order participation in victim impact panels and other educational programs.
Why You Need a DWI Attorney
Facing a DWI charge can be overwhelming, but you don’t have to navigate this challenging time alone. Here’s why hiring a skilled DWI attorney like David E. Stanley, APLC, is crucial:
Legal Knowledge
DWI laws are complex and constantly evolving. An experienced DWI attorney stays up-to-date with these changes and can utilize this knowledge to your advantage.
Protection of Rights
A DWI attorney protects your rights at every step of the legal process, from the initial traffic stop to the courtroom.
Case Evaluation
Your attorney can thoroughly evaluate the circumstances of your arrest, identifying any errors or violations of your rights that could result in a dismissal or reduction of charges.
Negotiation Skills
In many cases, a skilled DWI attorney can discuss and negotiate with prosecutors to reduce charges or penalties.
OMV Hearing Representation
Your attorney will represent you at the OMV hearing, striving to reduce or avoid the suspension of your driving privileges.
How David E. Stanley, APLC, Can Help with Your DWI Case
As a dedicated DWI attorney, David E. Stanley, APLC offers comprehensive legal services to those facing DWI charges in Louisiana. Our approach includes:
Thorough Case Analysis
We thoroughly examine all elements of your case, from the initial traffic stop to the conduct of field sobriety tests and chemical tests.
Aggressive Defense Strategies
We craft defense strategies that focus on the unique details of your case.
Experienced Court Representation
With years of experience in Louisiana courtrooms, we provide strong representation to protect your interests.
Guidance Through the Legal Process
We explain each step of the legal process to you so you understand your rights and options throughout your DWI case.
What is the Legal Limit for Blood Alcohol Concentration (BAC) in Louisiana?
Louisiana law sets the Blood Alcohol Concentration (BAC) limit at 0.08% for drivers aged 21 and older, 0.04% for commercial drivers, and 0.02% for drivers under 21.
What Are the Penalties for a First-Offense DWI in Louisiana?
Penalties for a first-offense DWI in Louisiana include fines up to $1,000, jail time between 10 days and 6 months, and a license suspension for up to 12 months. Additionally, individuals may be required to participate in mandatory substance abuse and driver improvement programs. In some cases, the court may also order the installation of an ignition interlock device.
Is a DWI Considered a Felony in Louisiana?
DWI is a felony in Louisiana on the third offense and on subsequent offenses. First and second offenses are misdemeanors.
How Long Does a DWI Conviction Stay On Your Record in Louisiana?
A DWI conviction may stay on your record in Louisiana for a significant period. However, Louisiana has specific cleansing periods and expungement rules that may allow for the removal of a DWI from public records under certain conditions.
Can You Get a DWI for Driving Under the Influence of Drugs in Louisiana?
Yes, driving under the influence of drugs in Louisiana can result in a DWI charge. Louisiana law prohibits driving while impaired by both alcohol and drugs, including illegal substances and certain prescription medications that affect driving abilities.
Don’t Face a DWI Charge Alone
A DWI charge in Louisiana is a serious matter with potentially life-altering consequences. Don’t face a DWI charge alone. Contact David E. Stanley, APLC, today for a consultation on your DWI case. With our experience and dedication, he’ll work tirelessly to safeguard your rights and achieve the most ideal outcome for your case.
Early intervention is key when it comes to DWI charges in Louisiana. The sooner you have a skilled DWI attorney on your side, the better your chances of a favorable resolution. Don’t wait – reach out to David E. Stanley, APLC, now and take the first step towards safeguarding your future.
David E. Stanley, APLC
1055 Laurel Street, Suite 2 Baton Rouge, LA 70802
225-926-0200