DUI Defense


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Louisiana DUI Law

Louisiana counties - map view

Louisiana counties - map view

Choose your Louisiana county to locate a DUI LAW Lawyer in your area.

Consequences of a DWI conviction in Louisiana

DWI First Offense (Misdemeanor)
DWI Second Offense (Misdemeanor)
DWI Second Offense when the prior conviction is for Vehicular Homicide or First Degree Vehicular Injuring (Felony)
DWI Third Offense (Felony)
DWI Fourth Offense (Felony)

Prior convictions which may be used to convert a DWI into a second, third or fourth offense include a conviction for vehicular homicide, vehicular negligent injuring, first degree vehicular negligent injuring or a conviction for DWI in any state, municipal or other court.

Louisiana has a 10 year "cleansing period" for DWI offenses. This means that if the arrest for the prior offense occurred over 10 years before the arrest for the current offense, that prior conviction cannot be used to convert the present DWI offense to a higher offense. However, any time that the arrestee was incarcerated during that period is excluded from the calculation of the 10 year limit.

Additionally, Louisiana has a Child Endangerment Law which provides that if a child 12 years of age or younger was a passenger in the vehicle when the defendant was arrested, the minimum mandatory sentence provided for each offense cannot be suspended. This means that if the Child Endangerment Law applies, the minimum mandatory sentences would be as follows:

A conviction includes; a verdict of guilty after a trial, a plea of guilty or a plea of nolo contendre. A conviction also includes a prior offense that was dismissed under Louisiana Code of Criminal Procedure Article 894.

UNDERAGE DWI

In Louisiana, it is a crime (LA. R. S. 14:98.1) for a person under the age of 21 to operate a motor vehicle with a blood alcohol concentration of .02 per cent or more.

PENALTIES

Underage DWI First Offense (Misdemeanor)
Underage DWI Second Offense (Misdemeanor)

Any person under the age of 21 who has a blood alcohol concentration of .08 per cent or more is to be charged under the "regular" DWI statute (14:98).