SO, YOU JUST GOT A DWI/DUI. WHAT DO YOU DO NEXT?

A first offense DUI in Louisiana is considered a misdemeanor with the following penalties upon conviction:

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Fine:

$300 to $1,000

 

Court Costs:

Depending on the court, it could be approximately $250

 

Jail time:

10 days to 6 months

 

Probation:

Up to two years of probation (depending on the judge)

 

Community Service:

Serve 48 hours in jail or complete least 32 hours of community service, half of which must be litter detail

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Substance Abuse Evaluation/Treatment:

Must be evaluated for substance abuse by a certified counselor and follow any recommended treatment

 

Classes:

Participation in a court-approved driver improvement program

 

MADD Victim Impact Panel:

Many judges may order the defendant to attend one

 

License Suspension:

The DMV could suspend a Louisiana driver’s license for first offense DWI conviction for one year.

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Ignition Interlock Device:

May be required by the DMV to obtain a hardship license

 

SR-22 Insurance:

May be required to get the hardship license after a DWI first offense conviction

 

Special penalty requirements for first offense DWI:

If the BAC is over .15, then an additional 48 hours of the jail sentence cannot be suspended. The judge may allow home incarceration, although many do not.

If the BAC is over .20, then the defendant must face 48 hours of mandatory jail, a fine of $750 to $1,000, and an ignition interlock device must be installed for a period of 12 months.

If a child twelve years old or younger was present in the car during the DUI arrest, the jail sentences that cannot be suspended.

A second offense DUI in Louisiana is considered a misdemeanor with the following penalties upon conviction:

Fine:

$750 to $1,000

 

Court Costs:

Depending on the court, it could be approximately $250

 

Jail time:

30 days to 6 months. 48 hours in jail must be served (home incarceration is a possibility)

 

Probation:

15 days in jail unless the judge orders probation for up to 2 years, but 48 hours must be served in jail, along with community service and re-education programs.

 

Community Service:

240 hours

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Substance Abuse Evaluation/Treatment:

Must be evaluated for substance abuse by a certified counselor and follow any recommended treatment

 

Classes:

Participation in a court-approved driver improvement program

 

MADD Victim Impact Panel:

Many judges may order the defendant to attend one

 

License Suspension:

The DMV could suspend a Louisiana driver’s license for second offense DWI conviction for two years.

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Ignition Interlock Device:

May be required by the DMV to obtain a hardship license. Judge in the criminal case will require it. In fact, after the DWI second offense arrest, the judge will require it as a condition of bond along with an ankle monitor, depending on the judge.

 

SR-22 Insurance:

May be required to get the hardship license after a DWI second offense conviction

 

Special penalty requirements for first offense DWI:

If the BAC is over .15, then 96 hours of the jail sentence must be served.

If the BAC is over .20, then 96 hours of the jail sentence must be served, and the fine is $1,000. The driver’s license is suspended for 4 years, and an ignition interlock device must be installed for at least 3 years.

If a child twelve years old or younger was present in the car during the DUI arrest, the jail sentences that cannot be suspended.

A third-offense DUI in Louisiana is considered a felony, with the following penalties upon conviction:

Fine:

$2,000

 

Court Costs:

Depending on the court, it could be approximately $250

 

Jail time:

One to five years imprisonment with or without hard labor, one year to be served without suspension of sentence

 

Probation:

Up to 5 years, but 1 year must be served in prison. After the defendant completes his first year in prison, his probation would begin after released.

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Community Service:

240 hours

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Substance Abuse Evaluation/Treatment:

A requirement to undergo an evaluation for substance abuse with a certified counselor. An order to comply with inpatient treatment for four weeks, plus up to 12 months of out-patient treatment

 

Classes:

Participation in a court-approved driver improvement program

 

MADD Victim Impact Panel:

Many judges may order the defendant to attend one

 

Home Incarceration:

Probation for the full length of any suspended sentence plus home incarceration for a minimum of 6 months (An offender sentenced to home incarceration may be ordered to wear tracking devices and have curfew restrictions and electronic monitoring, at his expense.).

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Forfeiture:

The prosecutor may seize the offender’s vehicle and sell it. This is up to the prosecutor.

 

Ignition Interlock Device:

An ignition interlock on all vehicles driven by the offender shall be required for the period of probation.

 

Special penalty requirements for first offense DWI:

If a child twelve years old or younger was present in the car during the DUI arrest, then one year of the jail sentence cannot be suspended.

Judges will consider if this is a defendant’s true fourth offense DWI or if it is a fifth, sixth, seventh, etc. A fourth-offense DUI or “subsequent fourth offense” DUI in Louisiana is considered a felony, with the following penalties upon conviction:

Fine: 

$5,000

 

Court Costs: 

Depending on the court, it could be approximately $250

 

Jail time: 

A prison sentence of a minimum of 10 years to a maximum of 30 years imprisonment (2 years must be served in prison without benefit of suspension)

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Probation: 

Up to 5 years after release from prison

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Community Service: 

320 hours

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Substance Abuse Evaluation/Treatment: 

A requirement to undergo an evaluation for substance abuse with a certified counselor. An order to comply with inpatient treatment for four weeks, plus up to 12 months of out-patient treatment

 

Classes: 

Participation in a court-approved driver improvement program

 

MADD Victim Impact Panel: 

Many judges may order the defendant to attend one

 

Home Incarceration: 

Home incarceration for at least 1 year (An offender sentenced to home incarceration may be ordered to wear tracking devices and have curfew restrictions and electronic monitoring, at his expense.)

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Forfeiture: 

The prosecutor may seize the vehicle the offender was driving at the time of the DWI arrest.