Driving While Intoxicated (DWI) or Driving Under the Influence (DUI) are serious charges in Louisiana and have serious consequences.  Here is some important information if your are stopped, arrested, and/or charged with a DWI:

• DWI, is the operation of a vehicle when the operator is under the influence of alcohol (a BAC blow of .08 or more) or narcotics/drugs (even your prescription medication) in some instances, a blood sample can be ordered and tested.

• If you are a minor, the a BAC blow is .02 or more, but if you blow .08 or more, you can be charged with a regular DWI, which carries harsher penalties.

• There are two components to a DWI charge – a criminal component and an administrative component.

• DWI first and second offense are misdemeanors, with penalties that could include up to 6 months in jail, a period of probation, having to perform community service, attendance at a MADD impact panel, participation in driver improvement or alcohol awareness class, and participation in substance abuse treatment programs.

• DWI third offense and greater are felonies with mandatory jail time.  A DWI third offense carries a maximum sentence of incarceration of 5 years with a mandatory minimum period of incarceration of 1 year. A DWI fourth offense carries a maximum sentence of incarceration of 30 years with a mandatory minimum period of incarceration of 10 years, of which at least 2 years must be served without benefit of probation, parole, or suspension of sentence.  In either event, there could be a period of probation after incarceration with the requirement of having to perform community service, attendance at a MADD panel, participation in a driver improvement or alcohol awareness class, and participation in substance abuse treatment programs.

• If you are convicted of a DWI, your driving privileges could be suspended.  You may be eligible for a hardship license and may be required to install an intoxilyzer in your vehicle.

• If you refuse a Breathalyzer test administered by the arresting officer, you could be subject to a one year suspension of your driving privileges.  If you submit to a Breathalyzer test, depending on how high your BAC is, and how frequently and previously this has happened, you could be subject to a suspension of your driving privileges for a period of 90 days up to 4 years.

• Administratively, you have 15 days to file for a hearing to oppose the OMV’s proposed suspension of your driving privileges.  Failure to file for this hearing timely will cause the loss of the opportunity.

A DWI conviction can have serious negative impacts on insurance premiums, driving records, employment opportunities, school enrollment as well as many other aspects of your life, including a criminal record.  You need a skilled and experience attorney who is knowledgeable in dealing with DWI’s, you need the Ketry Law Firm, working for you immediately, protecting your rights, and defending you. Contact us today.