DWI (Third Offense)

What You Need to Know About DWI Third Offense

What Is a Third Offense DWI in Louisiana?

In Louisiana, a driver faces DWI charges if their blood alcohol content (BAC) is 0.08% or higher. However, law enforcement can still charge a driver with impairment if they are unable to operate a vehicle safely, even with a lower BAC. A third DWI offense within ten years is classified as a felony and carries serious legal consequences. For sentencing purposes, the look-back period considers DWI convictions within the past ten years, including any time spent on probation or incarceration.

What Are the Statutory Penalties for a Third Offense DWI in Louisiana?

A third DWI offense in Louisiana is a felony with significant penalties, including:

• $2,000 fine
• One to five years in prison, with a mandatory minimum of one year without the possibility of probation, parole, or suspension of sentence
• Up to five years of probation, which may require up to 240 hours of community service
• A court-ordered substance abuse evaluation
• Completion of a four-week inpatient treatment program and up to 12 months of outpatient care
• House arrest for up to six months with electronic monitoring at your expense
• The court may order a vehicle seizure for a third DWI conviction. However, in some cases, offenders may retain their vehicle if they install and maintain an ignition interlock device (IID).
• Mandatory installation and maintenance of an IID for reinstatement of driving privileges

A third DWI conviction in Louisiana results in a 36-month driver’s license suspension. However, you may be eligible for reinstatement after 12 months with an IID, provided you comply with all court-ordered conditions. If a child under 13 is in the vehicle, additional penalties apply. The consequences are also more severe if the offense results in injuries or fatalities.

What Are My Legal Options After a Third Offense of DWI in Louisiana?

A third-offense DWI in Louisiana carries serious consequences, but legal strategies can help. A DWI defense attorney can:

• Assess the accuracy of breathalyzer or blood test results.
• Review the legality of the traffic stop or arrest.
• Challenge the prosecution’s evidence.
• Negotiate for reduced charges or alternative sentencing.

A strong defense can impact the outcome of your case.

Louisiana Administrative Hearing

After a DWI arrest in Louisiana, you have 30 days to request a hearing to challenge your license suspension. Acting quickly and seeking legal guidance can strengthen your case.

During the hearing, an officer reviews the arresting officer’s evidence. A skilled DWI attorney can dispute this evidence, present legal arguments on your behalf, and advocate for your driving privileges. Legal representation can help minimize penalties and protect your future.

For sentencing purposes, only DWI convictions within the past ten years are considered when determining penalties. However, prior convictions outside the 10-year look-back period may still appear on your record and could influence judicial discretion.