Baton Rouge DWI Attorneys

In Louisiana, it is illegal to drive a car while under the influence of alcohol. Louisiana law states that having a blood alcohol percentage of 0.08 or higher will result in a DWI charge. If you were arrested under suspicion of DWI, you could face having your vehicle confiscated, jail sentencing, license suspension, and more. Let the Baton Rouge criminal defense lawyers at Dewey & Braud Law, LLC help you fight the charges. These charges may have penalties that will affect your future and freedom.

What are the Penalties for a DWI in Louisiana?

In Louisiana, your first two DWI's are misdemeanors and have the penalties that come with such a charge. Your third and beyond then become felonies. DWIs stay on your record until the end of your 10 year "Cleansing period" after which that DWI can no longer be used against you in court to enhance your charges. Penalties for a DWI can depend on several factors: your BAC level at the time of arrest, if you have had prior DWI convictions, if you caused an accident or if you caused any injuries.

What Are the Possible Penalties for Your First DWI?

• $300-1000 in fines ($750-1000 with a BAC of 0.2 or greater)
• At least 10 days and up to 6 months incarcerated
• 12-month driver's license suspension (2 years with a BAC of 0.2 or greater)
• Attending a substance abuse program
• 32 hours of community service

What Are the Possible Penalties for Your Second DWI?

• $750-1000 in fines
• 30 days to 6 months incarcerated
• 2-year driver's license suspension (4 years with a BAC of 0.2 or greater)
• 240 hours of community service
• Attend a substance abuse program

What Are the Possible Penalties for Your Third DWI?

• $2000 in fines
• 1 to 5 years incarcerated
• 36-month driver's license suspension
• 240 hours of community service
• Attend a substance abuse program

Remember, the State has the burden to prove all the elements of the crime to obtain a conviction, and your breathalyzer test may have been administered unlawfully or on faulty equipment. Dewey & Braud Law, LLC will challenge those elements on your behalf! Request a case review to get your defense started.

What Should I do if I am Pulled Over for DWI?

If you have ever been arrested for a DWI, you know it can be incredibly scary. You are first stopped by a law enforcement officer, typically for a traffic violation, then before you know it, you’re in handcuffs and going to jail. Your mind is racing about your job, your family, and how expensive a DWI can be to deal with. Typically, you feel powerless in this situation.

Dewey & Braud Law, LLC has some advice for you if you are ever stopped by an officer:

• 1. Make sure you stop in a safe and well-lit area, completely off the roadway.
• 2. Be cooperative and polite with the officer when he or she asks you to provide your driver’s license and other documentation (proof of insurance or registration).
• 3. If the officer suspects you have been drinking, you will likely be asked to step out of the vehicle.
• 4. Lastly and most importantly, DO NOT answer any further questions, nor do any field sobriety tests and request an attorney.
• 5. At this point you may be arrested; however you have not provided any evidence against yourself.

Generally speaking, you should not assist law enforcement in building their case against you. Remain polite and cooperative throughout your contact with the officer but do no incriminate yourself by answering any questions or performing any tests. Simply request your attorney and remain silent.

How Long Does a DWI Stay on Your Record in Louisiana?

A DWI in Louisiana will stay on your driving record for a minimum for 10 years, but they will permanently stay on your criminal record.

Defense for Commercial & Common Drivers

Our firm also handles DWI cases that involve commercial & common drivers. As your livelihood can be on the line, it is more important than ever to get the right defense for your case when protecting your driving privileges. Our Baton Rouge DWI lawyers will take the time to review your case and will ensure you receive the best possible outcome for your case.

Our team includes attorneys who are:

• Certified by the NHTSA in sobriety testing
• Certified to administer breath tests on the Intoxilyzer 5000
• Members of the DUI Defense Lawyers Association

And Dewey & Braud Law, LLC can assist you with:

• Requesting an Administrative Driver's License Hearing. You only have 30 days from your arrest date to request a hearing to challenge your license suspension for a breath test failure or refusal. If you do not request a hearing within that timeframe, your license will automatically go under suspension!
• Challenging the admissibility of the breath or blood result. For example, did law enforcement follow the strict guidelines set forth in Title 55 for breath and blood testing?

What Happens if you Refuse a Breathalyzer in Louisiana?

If you refuse a breathalyzer or the blood and urine test in Louisiana, your driver's license is automatically suspended. The driver will be subjected to Louisiana’s implied consent law that allows legal penalties for failure to submit to a BAC test.

DWI Defense in Louisiana

If and when you are charged with a DWI, hire an experienced DWI firm, Dewey & Braud Law. The penalties you could be facing could have damaging effects to your reputation and your future. It is absolutely vital that you seek legal counsel that will provide your case with the necessary attention to detail and attorneys that are familiar with the local area. We will work closely with you, so you stay informed throughout the entire process. Your freedom is our priority.

DUI FAQs

What are the penalties for a first-time DWI in Louisiana?

For a first offense, Louisiana imposes:

• Fines: $300 to $1,000 (increases to $750–$1,000 if BAC is 0.2% or higher)
• Jail Time: 10 days to 6 months
• License Suspension: 1 year (2 years if BAC is 0.2% or higher)
• Community Service: 32 hours, with half dedicated to roadside cleanup
• Substance Abuse Program: Mandatory participation

These penalties can be influenced by factors such as BAC level, prior offenses, and whether injuries occurred.

Is a DWI in Louisiana a misdemeanor or a felony?

First and second offenses are generally classified as misdemeanors, which still carry serious fines, possible jail time, and license suspensions. However, a third or subsequent offense is classified as a felony. Felony DWI charges carry significantly harsher penalties, including longer jail sentences, larger fines, and more severe long-term consequences such as probation requirements, potential loss of driving privileges, and a lasting impact on your criminal record. 

What are the penalties for repeat DWI offenses?

• Second Offense:
  • Fines: $750 to $1,000
  • Jail Time: 30 days to 6 months
  • License Suspension: 2 years (4 years if BAC is 0.2% or higher)
  • Community Service: 240 hours
  • Substance Abuse Program: Mandatory

• Third Offense:
  • Fines: $2,000
  • Jail Time: 1 to 5 years
  • License Suspension: 3 years
  • Community Service: 240 hours
  • Substance Abuse Program: Mandatory

Additional penalties may include mandatory installation of an ignition interlock device.

What is the legal BAC limit in Louisiana?

The legal Blood Alcohol Concentration (BAC) limit in Louisiana is 0.08% for most adult drivers. This means that if your BAC is at or above this level, you can be charged with DWI, even if you feel capable of driving. 

For commercial drivers, the threshold is lower at 0.04%, reflecting the higher safety expectations for professional driving. Drivers under the age of 21 are subject to a “zero tolerance” standard; any detectable alcohol can result in a DWI charge. 

What should I do immediately after being arrested for DWI?

1. Remain Calm: Stay polite and cooperative with law enforcement.
2. Exercise Your Rights: You have the right to remain silent and to consult with an attorney.
3. Avoid Self-Incrimination: Do not answer questions or perform field sobriety tests without legal counsel.
4. Request a DMV Hearing: You have 30 days from the date of arrest to request a hearing to contest the administrative license suspension.

Can I contest an administrative license suspension?

Yes, you can challenge an administrative license suspension (ALS), which is a separate process from your criminal DWI case. After a DWI arrest, the Department of Motor Vehicles may automatically suspend your driver’s license. You typically have 30 days from the date of arrest to request a hearing to contest the suspension. During the hearing, an attorney can examine whether proper procedures were followed, check for errors in the administration of tests like the breathalyzer, and argue that your license should not be suspended or that restrictions should be modified. 

What is a hardship license, and how do I get one?

A hardship license allows a driver to legally operate a vehicle during a license suspension, but only for specific essential purposes such as commuting to work, attending school, or handling medical appointments. 

To receive a hardship license, you need to:

• Complete any required suspension period (often 30 days)
• Demonstrate that you have a valid reason that requires driving
• File a petition with the district court in your parish
  

Hardship licenses often come with strict restrictions on when, where, and why you can drive. An attorney can help prepare your petition, ensure that all requirements are met, and advocate for approval to minimize disruption to your daily life.

Can a DWI on my record be expunged in Louisiana?

Yes, in Louisiana, a misdemeanor DWI conviction can potentially be expunged once every ten years. Expungement is a legal process that removes the conviction from your public record, helping reduce its impact on employment, insurance, and other areas of life. 

Felony DWI convictions, third-offense DWIs, and certain aggravated charges may not be eligible. The process involves submitting the proper petitions and documentation to the clerk of court in the parish where the arrest or conviction occurred, and often requires careful attention to deadlines and eligibility criteria. 

How can an attorney help with my DWI charge?

• Challenge the legality of the traffic stop and arrest
• Assess the accuracy of BAC testing methods and equipment
• Negotiate plea deals or reduced charges
• Represent you in administrative hearings to contest license suspensions
• Advise on potential expungement options

What defenses are available in a DWI case?

• Challenging the Traffic Stop: Officers must have reasonable suspicion or probable cause to pull you over. If the stop was illegal, any evidence obtained afterward may be suppressed.
• Questioning Field Sobriety Tests: These tests can be subjective and affected by factors like medical conditions, fatigue, or improper administration by officers. Defenses may argue that test results are unreliable.
• Disputing Breathalyzer or Blood Test Results: Breathalyzers and blood tests can be flawed due to equipment malfunctions, improper calibration, or mistakes in sample handling and testing procedures.
• Medical Conditions or Prescription Medications: Certain health issues or legal medications may mimic signs of intoxication, providing a basis to challenge the intoxication claim.
• Violation of Your Rights: If law enforcement failed to follow proper procedures, such as reading your Miranda rights or conducting lawful searches, key evidence may be invalidated.
• Questioning Actual Physical Control: Sometimes, prosecution must prove you had control of the vehicle, not just presence inside it. If you weren’t driving or in control, this can be a defense.

Will a DWI affect my employment, insurance, or future opportunities?

Yes, a DWI conviction can lead to:

• Employment Consequences: Potential job loss or difficulty obtaining employment, especially in positions requiring driving.
• Insurance Implications: Increased premiums or policy cancellations.
• Background Checks: A permanent criminal record may impact housing, loans, and other background checks.

How long does a DWI case typically take in Louisiana?

Simple first-offense cases may resolve in a few months, especially if a plea deal is negotiated. More complicated cases, such as those involving high BAC levels, repeat offenses, injuries, or contested arrests, can take over a year to resolve. Factors that affect timing include evidence gathering, administrative hearings, court continuances, and negotiations with prosecutors. 

What is the difference between arrest and conviction regarding record impact?

An arrest is simply the initiation of legal proceedings. It indicates that law enforcement suspected you of committing a DWI, but it does not create a criminal record on its own. 

A conviction, on the other hand, means you have been found guilty or have pleaded guilty to the charge. A conviction results in a permanent criminal record, which can affect your employment prospects, professional licensing, insurance rates, and background checks for housing or loans. Even a first-time misdemeanor conviction can have long-term consequences.