Your driving privileges are not the only thing that will be taken away upon a felony DWI conviction. You may lose your freedom, job, relationships and positive reputation. Few things are more important than your liberties and livelihood, so it’s crucial to protect them at all costs.
A felony DWI charge must not be treated lightly, as it has the power to destroy the life you have worked so hard to build. As soon as you learn about your accusation, you must quickly retain experienced Baton Rouge felony DWI attorneys to defend your case. As your first line of defense, our DWI lawyers serving Baton Rouge can safeguard your rights and fight your allegations head-on.
When you choose our Baton Rouge felony DWI defense lawyers to have your back, we will work tirelessly to protect you. Learn how to get started on your criminal defense by contacting us online or calling (225) 953-8330 now!
When is a DWI Considered a Felony in Louisiana?
Driving while intoxicated (DWI) is defined by Louisiana Law as operating of any motor vehicle, aircraft, watercraft, vessel or other means of conveyance when any of the following conditions exist:
- The operator is under the influence of alcoholic beverages;
- the operator’s blood alcohol concentration (BAC) of .08% or more by weight based on grams of alcohol per one hundred cubic centimeters of blood;
- the operator is under the influence of any controlled dangerous substance listed in Schedule I, II, III, IV or V as set forth in R.S. 40:964;
- the operator is under the influence of a combination of alcohol and one or more drugs that are not controlled dangerous substances and that are legally obtainable with or without a prescription;
- the operator is under the influence of one or more drugs that are not controlled dangerous substances and that are legally obtainable with or without a prescription.
The first two convictions for DWI in Louisiana in a ten year time span will be charged as misdemeanors. A third DWI arrest within ten years of the previous two convictions will likely be charged as a DWI-3rd offense, which is a FELONY offense. A DWI can also be charged as a felony offense, if someone is injured or a fatality occurs as a result of the driver’s intoxication.
Alcohol and drugs can impair a person’s judgment, senses and ability to drive safely. When a person has alcohol or drugs in their system and drives, they are not only putting themselves at risk but other people too. This is why Louisiana prosecutors can be ruthless in their attempts to put DWI offenders behind bars.
It is very common for prosecutors to be exceptionally harsh with felony DWI defendants. No prosecutor wants the perception of being light on drunk drivers. That is why you need a zealous advocate that focuses their criminal defense practice on DWI defense!
Common DWI Penalties
Felony crimes are punishable by jail time and fines, but felony DWI charges include additional requirements in sentencing.
DWI-3rd offenses are punishable by:
- Up to a $2,000 fine
- 1 to 5 years in jail
- At least one year of the sentence imposed shall be served without benefit of parole, probation or suspension of sentence.
- 2-year driver’s license suspension
- 240 hours of community service, if placed on probation
- Participation in substance abuse treatment programs
- Attendance at a court-approved driver improvement program
- Ignition Interlock Device
DWI-4th offense and subsequent DWI convictions are punishable by:
- Up to a $5,000 fine
- 10 to 30 years in jail
- At least two years of the sentence imposed shall be served without benefit of parole, probation or suspension of sentence. OR three years without benefit of parole, probation or a suspended sentence if the Defendant has previously participated in a drug division probation program on a DWI-3rd offense conviction.
- 2-year driver’s license suspension
- 320 hours of community service, if placed on probation
- Participation in substance abuse treatment programs
- Attendance at a court-approved driver improvement program
- Ignition Interlock Device
Can A Felony DWI Be Expunged?
In Louisiana, there are restrictions on what offenses can be expunged. Certain misdemeanor and felony case resolutions are eligible. The Louisiana Legislature has recently made big changes to the expungement statutes! Working with an attorney experienced in DWI expungement can make all the difference in these kinds of cases.
Trust the dedicated team at Dewey & Braud to help you navigate this complex process!
