A DUI arrest can disrupt your life. You may worry about losing your license, facing high fines, or even going to jail. Your job, education, and relationships may be affected. The legal process can be confusing, and it’s natural to feel uncertain or overwhelmed. Many people don’t know what steps to take next.
DUI Defense Attorney David E. Stanley, APLC, truly listens to your story. Since 1983, he has helped people in Baton Rouge and across Louisiana face tougher criminal charges, including DUI. David E. Stanley understands how much is at stake and works hard to build a defense that fits your situation. With a deep knowledge of Louisiana law and a caring approach, he is ready to help you move forward with confidence.
What Is a DUI?
DUI stands for “driving under the influence.” In Louisiana, it refers to operating a vehicle after consuming alcohol or drugs that affect your ability to drive safely. You may face a DUI charge if your blood alcohol concentration (BAC) is 0.08% or higher. Charges can also apply if you’re under the influence of illegal drugs, prescription medications, or a combination—even if you don’t feel impaired.
Louisiana DUI Laws: What You Need to Know
BAC Limits:
- 0.08% or higher for drivers 21 and older
- 0.04% or higher for commercial drivers
- 0.02% or higher for drivers under 21
DWI vs. DUI: What’s the Difference?
In Louisiana, DWI (Driving While Intoxicated) is the term used in state law, but DUI (Driving Under the Influence) and OWI (Operating While Intoxicated) also describe offenses involving impaired driving. Although DWI is more common in legal texts, this article uses DUI for clarity and consistency.
Types of Substances
DUI charges can result from alcohol, illegal drugs, prescription medicines, or a combination.
What Happens After a DUI Arrest?
After a DUI arrest, officers may take you to jail, take your driver’s license, and issue a temporary permit. You’ll likely attend an administrative hearing about a possible suspension and may need to complete a breath, blood, or urine test. Your vehicle might be towed, and you’ll receive a court date. Taking prompt action and knowing your rights can help you manage the process more effectively.
DUI Penalties in Louisiana
Penalties for DUI in Louisiana vary based on your age, blood alcohol concentration (BAC), and any prior convictions. Here’s what you may face:
First Offense
- Fines ranging from $300 to $1,000
- Jail time can be up to 6 months, sometimes replaced with probation, depending on the case.
- License suspension up to 1 year
- Community service (at least 32 hours, including a portion related to litter abatement)
- Possible ignition interlock device installation
Second Offense
- Increased fines (up to $1,000)
- Jail time ranges from 48 hours mandatory minimum to 6 months
- License suspension for up to 2 years
- At least 240 hours of community service
- Mandatory enrollment in a substance abuse program
- An ignition interlock device is required
Third or Subsequent Offenses
- Classified as a felony
- Prison time from 1 to 5 years (with or without hard labor)
- Fines up to $2,000
- License revocation for several years
- Mandatory substance abuse treatment and home incarceration
- Possible vehicle seizure
Penalties may increase if your BAC is exceptionally high, if an accident occurs, or if a child is in the vehicle at the time of arrest.
How a DUI Can Affect Your Life
A DUI conviction can bring lasting consequences, such as:
- Limited Driving Privileges: Your license may be suspended for several months or more.
- Increased Insurance Costs: Car insurance rates often rise significantly.
- Permanent Criminal Record: A DUI stays on your record and can affect job prospects, education, and housing.
- Career Disruptions: Employers might reconsider hiring or continuing employment.
- Personal Stress: A DUI can strain relationships with family and friends.
Common Challenges in DUI Cases
DUI cases also involve several complex challenges, including:
- Proving Impairment: Law enforcement must show evidence of intoxication, usually through chemical tests and observations. These methods can sometimes be flawed or misapplied.
- Establishing Responsibility: When an accident occurs, it’s often difficult to determine fault due to conflicting accounts.
- Dealing with Insurance: Coverage may be reduced or denied in DUI-related claims.
- Understanding Legal Procedures: Without legal support, court processes can feel confusing and overwhelming.
- Emotional Stress: Facing a DUI charge can take a toll on your mental and emotional well-being.
Why You Need a DUI Lawyer
A DUI lawyer helps you move through the legal process with clarity and confidence by:
- Protecting your rights and checking that procedures were followed correctly
- Reviewing evidence for possible errors or violations
- Working with prosecutors to seek reduced charges or penalties
- Preparing you for each court step and explaining what to expect
- Representing you in hearings to help you retain your license
How David E. Stanley, APLC, Can Help With Your DUI Case
David E. Stanley, APLC, offers a personal approach to every DUI case. Here’s what you can expect:
- Thorough Case Review: He examines every detail, from the traffic stop to the test results.
- Custom Defense Strategies: Every case is different. He builds a plan that fits your situation.
- Clear Communication: He explains things in plain language so you always know what’s happening.
- Strong Representation in Court: David E. Stanley has decades of courtroom experience in Baton Rouge and throughout Louisiana.
- Support at Every Step: He answers your questions and helps you make smart choices.
Steps to Take After a DUI Arrest
If you’re arrested for DUI, follow these steps:
- Stay Calm: Cooperate with the police and avoid confrontation.
- Know Your Rights: You have the right to remain silent and consult a lawyer.
- Call a Lawyer: Contact David E. Stanley, APLC, immediately.
- Document Key Events: Note everything you remember before, during, and after the arrest, including conversations, times, and actions by law enforcement.
- Attend Court Dates: Arrive on time to prevent further legal complications.
Follow Legal Advice: Communicate with your lawyer and follow their instructions.
Frequently Asked Questions
What Does DUI Mean?
DUI means “driving under the influence,” which involves operating a vehicle while impaired by alcohol, drugs, or both.
Can I Refuse a Breath or Blood Test?
Yes, you have the right to refuse a breath or blood test. However, under Louisiana’s implied consent law, this decision typically results in a license suspension of up to one year, even if you aren’t convicted.
Will I Lose My License After a DUI?
Yes, a DUI usually results in a temporary license suspension. The duration depends on your BAC, age, and prior DUI history.
Is a DUI a Felony or a Misdemeanor?
Most first and second DUI offenses are misdemeanors. A DUI becomes a felony if it involves multiple offenses or injuries to others.
What Is an Ignition Interlock Device?
An ignition interlock device is a breathalyzer installed in your vehicle that prevents the engine from starting if it detects alcohol in your breath.
How Long Will a DUI Stay on My Record?
A DUI may stay on your criminal record for many years—or even permanently—unless you qualify for expungement under specific legal conditions. It can affect employment prospects and other aspects of daily life.
Can I Drive Anywhere With a Hardship License?
No. A hardship license typically limits driving to essential places like work, school, or medical appointments.
Do I Need a Lawyer for a DUI?
You’re not required to have a lawyer, but hiring one can help you understand your rights, navigate the legal process, and work toward a better outcome.
Why Choose David E. Stanley, APLC?
David E. Stanley, APLC, has a long history of helping people in Baton Rouge and throughout Louisiana with DUI and other criminal charges. He takes the time to understand your situation and builds a defense that fits your needs. With decades of experience and a caring approach, you can trust him to stand by your side and fight for your future.
If you’re facing a DUI charge, don’t wait. The sooner you get help, the better your chances of a good outcome.
Reference:
Louisiana Laws – Louisiana State Legislature. (n.d.).
Retrieved from: https://legis.la.gov/legis/Law.aspx?d=78751
David E. Stanley, APLC
1055 Laurel Street, Suite 2 Baton Rouge, LA 70802
225-926-0200