A DWI is more than a minor traffic violation—it can significantly impact your freedom, finances, and future. Consequences may include fines, jail time, license suspensions, and mandatory substance abuse programs, with effects that last for years.
Understanding the seriousness of DWI offenses and making responsible choices can help you avoid severe consequences. If you’re facing charges, legal guidance can simplify the process and reduce the impact on your life.
At David E. Stanley, APLC, we know DWI charges can feel overwhelming. We’re here to explain your options and help you navigate the legal system.
Understanding DWI in Louisiana
In Louisiana, drivers can be charged with DWI (Driving While Intoxicated) if their blood alcohol concentration (BAC) reaches 0.08% or higher. For those under 21, the limit is 0.02%. A DWI can also result from driving under the influence of drugs, including prescription medication.
The state imposes strict penalties, which become more severe for repeat offenses. Here’s what you need to know if you’re facing a DWI charge.
Penalties for First-Time DWI Offense
A first-time DWI comes with serious consequences. Penalties may include:
- Fines: $300 to $1,000
- Jail Time: 10 days to 6 months
- License Suspension: Up to 90 days
- Community Service: 32 hours
- Education Programs: Substance abuse and driver improvement programs
Higher BAC levels lead to stricter penalties. A BAC of 0.15% or higher results in at least 48 hours in jail, while 0.20% or higher brings increased fines and a longer license suspension.
Penalties for Second DWI Offense
A second DWI within 10 years carries stricter consequences:
- Fines: $750 to $1,000
- Jail Time: 30 days to 6 months
- License Suspension: Up to 2 years
- Community Service: 240 hours
- Substance Abuse Treatment: Completion of a court-approved program
- Ignition Interlock Device: Required installation to prevent driving under the influence
These penalties reinforce Louisiana’s commitment to preventing repeat offenses and promoting safer roads.
Penalties for Third DWI Offense
A third DWI within 10 years is a felony with serious consequences:
- Fines: Up to $2,000
- Jail Time: 1 to 5 years in prison
- License Suspension: 3 years
- Vehicle Seizure: The court may confiscate your car
- Substance Abuse Treatment: Completion of an intensive program
- Ignition Interlock Device: Mandatory installation in your vehicle
A third conviction creates long-term legal and personal challenges. Legal guidance helps you navigate the process effectively.
Additional Consequences of DWI
The penalties for DWI go beyond just fines and jail time. There are other ways a DWI can affect your life:
- Higher insurance rates: Your car insurance rates will likely go up a lot after a DWI.
- Job problems: Some jobs require a clean driving record. A DWI could make it hard to keep or find certain jobs.
- Travel restrictions: Some countries won’t let you visit if you have a DWI on your record.
- Personal relationships: A DWI can strain your relationships with family and friends.
- Reputation: A DWI conviction is a public record and could affect how people see you.
These additional consequences show why it’s so important to avoid driving while intoxicated.
Aggravating Factors That Can Increase Penalties for DWI
Certain factors, known as aggravating factors, can increase DWI penalties. They include:
- Having a very high BAC (0.15% or higher)
- Causing an accident while driving drunk
- Having a child in the car while driving drunk
- Speeding excessively while drunk
- Refusing to take a breathalyzer test
If any of these factors are present, you could face even tougher penalties for a DWI.
What to Do If You’re Charged with DWI
If you’re facing DWI charges, knowing how to respond can make a difference:
- Stay calm and cooperate with the police.
- Exercise your right to remain silent. You don’t have to discuss whether you’ve been drinking.
- Avoid resisting arrest, even if you believe the charges are unfair.
- Contact a lawyer immediately to protect your rights and navigate the legal process.
DWI penalties can be serious, but legal guidance may help reduce charges or seek case dismissal.
Frequently Asked Questions
Do I Have the Right to Refuse a Breathalyzer Test in Louisiana?
Yes, you have the right to refuse a breathalyzer test in Louisiana. However, a first refusal results in an automatic one-year license suspension.
Will I Lose My Job if I Get a DWI?
You may or may not lose your job if you get a DWI. Some employers have strict policies about DWI convictions, especially if your job involves driving.
Can I Get a DWI Expunged From My Record?
In Louisiana, a first-offense DWI may be eligible for expungement after 10 years if no additional convictions occur.
What Happens if You Drive With a Suspended License After a DWI?
Driving with a suspended license after a DWI may result in more fines and jail time.
Am I Qualified for a Hardship License After a DWI?
You may qualify for a hardship license after a DWI if you meet specific requirements, which may include installing an ignition interlock device.
The Penalties for DWI Are Too Serious to Risk
Facing a DWI charge can feel overwhelming, but acting quickly can help you build a strong defense. David E. Stanley, APLC, provides the guidance you need to move forward. Contact us today to discuss your case.
David E. Stanley, APLC
1055 Laurel Street, Suite 2 Baton Rouge, LA 70802
225-926-0200