Posts Tagged ‘DWI DUI’

Jefferson Parish DWI DUI Attorney

New Orleans DWI DUI Attorney

Elizabeth B. Carpenter, Esq. — DWI Attorney New Orleans 

 

Metairie DWI Attorney, Kenner DWI Attorney, Gretna DWI Attorney, Marrero DWI Attorney, Westwego DWI Attorney, Harvey DWI Attorney, Grande Isle DWI Attorney, Harahan DWI Attorney, Jean Lafitte DWI Attorney

 

Contact Elizabeth B. Carpenter, Esq. a New Orleans based DWI Attorney.  We have handled many DWI in Jefferson Parish!  

 

Attorney Elizabeth B Carpenter

Ms. Carpenter has defended nearly every kind of  Drinking and Driving case Imaginable.  It is very important to consult a DWI attorney immediately after a DWI arrest to preserve your driving privileges.  DWI arrests are based solely on officers’ subjective opinions and machines used to measure blood alcohol content can be unreliable, especially when not administered properly. Therefore, DWI defense is very complicated and involves an intricate understanding of the scientific as well as the legal issues. Ms. Carpenter has completed courses on NHTSA DWI Detection and Field Sobriety Testing and the breath testing machine known as the Intoxilyzer 5000. These are the same courses law enforcement must take. This level of dedication to the defense of DWI charges helps helps Ms. Carpenter challenge the common errors that police officers make when arresting citizens for DWI in the New Orleans area. Quite often, these errors form enough evidence to have the entire case dismissed. 

 

 

St. Charles Parish DWI DUI Attorney / Traffic Ticket Attorney

Louisiana DWI DUI Attorney

Elizabeth B. Carpenter, Esq. — Attorney New Orleans 

The best way to handle a traffic ticket in St. Charles Parish is to hire Elizabeth B. Carpenter, an experienced traffic attorney, to advocate on your behalf.  Having a traffic lawyer handling your ticket pays off in the long-run — your fines can be minimized, your insurance premiums will remain low, and your driving record will be clean.   Traffic tickets impact your insurance premiums for many years.

 

Ama DWI Attorney, Bayou Gauche DWI Attorney,  Boutte DWI Attorney, Des Allemands DWI Attorney, Destrehan DWI Attorney, Ormond DWI Attorney, Hahnville DWI Attorney, Killona DWI Attorney, Luling DWI Attorney, Montz DWI Attorney, New Sarpy DWI Attorney, Norco DWI Attorney, Paradis DWI Attorney, St. Rose DWI Attorney, Taft DWI Attorney

 

Contact Elizabeth B. Carpenter, Esq. a New Orleans based Traffic Ticket and DWI Attorney.  We have handled many DWI in St. Charles Parish!  

 

Attorney Elizabeth B Carpenter

Ms. Carpenter has defended nearly every kind of  Drinking and Driving case Imaginable.  It is very important to consult a DWI attorney immediately after a DWI arrest to preserve your driving privileges.  DWI arrests are based solely on officers’ subjective opinions and machines used to measure blood alcohol content can be unreliable, especially when not administered properly. Therefore, DWI defense is very complicated and involves an intricate understanding of the scientific as well as the legal issues. Ms. Carpenter has completed courses on NHTSA DWI Detection and Field Sobriety Testing and the breath testing machine known as the Intoxilyzer 5000. These are the same courses law enforcement must take. This level of dedication to the defense of DWI charges helps Ms. Carpenter challenge the common errors that police officers make when arresting citizens for DWI in the New Orleans area. Sometimes, these errors form enough evidence to have the entire case dismissed. 

 

 

 

St. Tammany Parish DUI DWI Defense

St. Tammany Parish DWI DUI Lawyer

Elizabeth B. Carpenter, Esq. — Attorney Orleans and St. Tammany Parishes 

 

 

Covington DWI Attorney, Mandeville DWI Attorney, Slidell DWI Attorney, Abita Springs, DWI Attorney, Madisonville DWI Attorney, Pearl River DWI Attorney, Folsom DWI Attorney, Sun DWI Attorney, Eden Isle DWI Attorney, Lacombe DWI Attorney

 

Contact Elizabeth B. Carpenter, Esq. a New Orleans based Traffic Ticket and DWI Attorney.  We have handled many DWI in St. Tammany Parish!  

 

Attorney Elizabeth B Carpenter

Ms. Carpenter has defended nearly every kind of  Drinking and Driving case Imaginable.  It is very important to consult a DWI attorney immediately after a DWI arrest to preserve your driving privileges.  DWI arrests are based solely on officers’ subjective opinions and machines used to measure blood alcohol content can be unreliable, especially when not administered properly. Therefore, DWI defense is very complicated and involves an intricate understanding of the scientific as well as the legal issues. Ms. Carpenter has completed courses on NHTSA DWI Detection and Field Sobriety Testing and the breath testing machine known as the Intoxilyzer 5000. These are the same courses law enforcement must take. This level of dedication to the defense of DWI charges helps helps Ms. Carpenter challenge the common errors that police officers make when arresting citizens for DWI in the New Orleans area. Quite often, these errors form enough evidence to have the entire case dismissed. 

 

St. Tammany Traffic Ticket Fines


A processing fee of 2.5% is required on all payments made in the form of credit cards, debit cards or checks

Speeding 

Speeding 1-10 MPH over limit 189.50

Speeding 11-20 MPH over limit 209.50

Speeding 21-30 MPH over limit 234.50

Speeding 31-40MPH over limit COURT

Speeding 41MPH and move over limit COURT

Speeding in School Zone

Speeding in School Zone 5-10 MPH Over Limit COURT

Speeding in School Zone 10-15 MPH Over Limit COURT

Speeding in School Zone 15+ MPH Over Limit COURT

Seatbelt and Failure to Restrain 

Failure to Wear Seatbelt 25.00

Failure to Restrain Child – 1st Offense 204.50

Failure to Restrain Child – 2nd Offense 254.50

Failure to Change Registration 204.50 209.61

Equipment and Parking Violations

Handicapped Parking Zone Violation – 1st Offense 449.50

Handicapped Parking Zone Violation – Subsequent Offense 674.50

Inspection Sticker Expired or None 179.50

Improper Equipment 204.50

Improper Parking 204.50

Insecure Load – No Damage 254.50

Insecure Load – Property Damage 329.50

Off Road Vehicle on Public Highway 254.50

Overload or Spilling Contents 254.50

Parking in Fire Zone – 1st Offense 329.50

Parking in Fire Zone – 2nd Offense 654.50

Switched Plates 254.50

Vehicle License Expired 204.50

Vehicle License None 204.50

Moving Violations

Crossing Median 204.50

Drag Racing 329.50

Driving Through Safety Zone 329.50

Driving on Unopened Highway 204.50

Driving on Wrong Side of Highway 304.50

Excessive Acceleration 204.50 209.61

Failure to Dim Headlights 204.50 209.61

Failure to Maintain Control 204.50 209.61

Failure to Yield Right of Way 204.50

Failure to Report Accident 204.50

Following Authorized Emergency Vehicle – 1st Offense 329.50

Drivers License Not on Person 169.50

Following Authorized Emergency Vehicle – 2nd Offense 654.50

Following Too Close 254.50 260.86

Hit and Run COURT Driving Under Suspension COURT

Impeding Traffic 204.50

Improper Left Turn, No Accident 204.50

Improper Passing or Backing 204.50

Leaving Scene of an Accident COURT

Negligent Injury COURT

Passing stopped School Bus COURT

Reckless Operation (ROMV) COURT

Running Stop Sign 204.50

Running Red Light 254.50

Running or Disobeying Railroad Signal – 1st Offense 329.50

Simple Obstruction COURT

License and Insurance Violations

No Permit/Registration/Eye Goggles 179.50

Driving w/o Glasses or Restriction 204.50

No Drivers License 204.50

No Insurance Papers in Vehicle 184.50

False Information on Liability Insurance 329.50

Allowing Unlicensed Minor to Drive 204.50

Driving Under Revocation COURT

Expired Drivers License 194.50

 

 

St. John Parish DWI Defense / Traffic Ticket Attorney

Elizabeth B. Carpenter, Esq. — Criminal Attorney St. John the Baptist 

 

The best way to handle a traffic ticket in St. John Parish is to hire Elizabeth B. Carpenter, an experienced traffic attorney, to advocate on your behalf.  Having a traffic lawyer handling your ticket pays off in the long-run — your fines can be minimized, your insurance premiums will remain low, and your driving record will be clean.   Traffic tickets impact your insurance premiums for many years.

 

 

Edgard DWI Attorney, Garyville DWI Attorney, LaPlace DWI Attorney , Reserve DWI Attorney, Wallace DWI Attorney

Contact Elizabeth B. Carpenter, Esq. a New Orleans based Traffic Ticket and DWI Attorney (504) 599-5955.  We have handled many DWI in St. John the Baptist Parish! 

 

Attorney Elizabeth B Carpenter

Ms. Carpenter has defended nearly every kind of  Drinking and Driving case Imaginable.  It is very important to consult a DWI attorney immediately after a DWI arrest to preserve your driving privileges.  DWI arrests are based solely on officers’ subjective opinions and machines used to measure blood alcohol content can be unreliable, especially when not administered properly. Therefore, DWI defense is very complicated and involves an intricate understanding of the scientific as well as the legal issues. Ms. Carpenter has completed courses on NHTSA DWI Detection and Field Sobriety Testing and the breath testing machine known as the Intoxilyzer 5000. These are the same courses law enforcement must take. This level of dedication to the defense of DWI charges helps helps Ms. Carpenter challenge the common errors that police officers make when arresting citizens for DWI in the New Orleans area. Quite often, these errors form enough evidence to have the entire case dismissed. 

 

Schedule of Fines St. John Parish


TRAFFIC FINES

Violation Fine With Contempt
1-5 MPH Over the Speed Limit $174.00 339.00
6-10 MPH Over the Speed Limit 184.00 349.00
11-14 MPH Over the Speed Limit 194.00 359.00
15-20 MPH Over the Speed Limit 204.00 369.00
21-24 MPH Over the Speed Limit but under 90 MPH 214.00 379.00
25 MPH or more over the Speed Limit but under 90 MPH 361.00 526.00
90 MPH or More 444.00 609.00
No or expired Driver’s License 159.00 324.00
Failure to change address 159.00 324.00
Defective Equipment and no or expired MVI Sticker 174.00 339.00
No Registration 159.00 324.00
No or Expired License Plate 219.00 384.00
Careless Operation of MV 261.00 426.00
Drag Racing 511.00 676.00
Failure to Maintain Control 219.00 384.00
Following Too Close 219.00 384.00
Failure to Yield 219.00 384.00
Driving on Shoulder 219.00 384.00
Improper Lane Usage 219.00 384.00
Disobeying Stop Sign / Red Light 261.00 426.00
Failure to stop at R.R. 219.00 384.00
Improper Backing 219.00 384.00
No Seat Belt 25.00 190.00
No Child Restraint 50.00 215.00
Parking in a Handicapped Zone 409.00 574.00
Parking in a Fire Zone 219.00 384.00
All other Parking Violations 159.00 324.00
Illegal TInt 169.00 334.00
Driving Under Suspension 219.00 384.00
Smoking with a juvenile in vehicle 219.00 384.00
DWI Must Appear in Court
ROMV Must Appear in Court
Hit & Run Driving Must Appear in Court
Wildlife & Fisheries Must Appear in Court
Loud Music Must Appear in Court
Open Container 209.00 374.00
Litter Ticket 209.00 374.00
Contempt of Court Fine is $165.00
Misdemeanor DWI court costs are set at $304.50. All other Misdemeanor court costs are set at $159.00. Felony court costs are set at $304.50.

 

Ignition Interlock Device Offenses — New Orleans DWI

 

 

Ignition Interlock Device Offenses — 14:334

 

No person who, as a condition of probation, is prohibited from operating a motor vehicle unless it is equipped with an ignition Interlock Device shall:

(1)  Operate, lease, or borrow a motor vehicle unless that vehicle is equipped with a functioning ignition interlock device.

(2)  Request or solicit any other person to blow into an ignition interlock device or to start a motor vehicle equipped with the device for the purpose of providing the person so restricted with an operable motor vehicle.

No person shall blow into an ignition interlock device or start a motor vehicle equipped with
the device for the purpose of providing an operable motor vehicle to a person who is prohibited from operating a motor vehicle without an ignition interlock device.

No person shall intentionally attempt to tamper with, defeat, or circumvent the operation of an ignition interlock device.

Any person convicted of a violation of this Section may be punished by imprisonment for not more than 6 months or fine $500, or both.  

 

If you have been arrested for a DWI, contact the Elizabeth B. Carpenter — New Orleans Premiere DWI Defense.  We have the knowledge and experience that you need for a good defense.

 

 

What to do after a DWI arrest in Louisiana — DWI Attorney Blog

 NEW ORLEANS DWI ATTORNEY

What to do after a DWI arrest in Louisiana 

 

Attorney Elizabeth B. Carpenter — New Orleans DWI Lawyer

 

 

1. Remember That Drunk Driving Is A Criminal Offense


Some people believe that a drunk driving arrest is not really any different than a traffic citation. That is simply not the case. Most traffic offenses are civil infractions, which carry no significant penalty other than a fine and a possible driver’s license suspension. A conviction for a drunk driving offense will result in a criminal record, and can potentially result in significant fines and a jail sentence or term of probation.  A DWI conviction remains on your driving record for a minimum of 10 years — this will result in higher insurance premiums.

 

2. Remember That You Have Constitutional Rights


One of the fundamental rights of somebody being questioned by the police is the right to remain silent.
If the police believe you may be a drunk or impaired driver, they will ask you whether you have been drinking. Many people choose to answer this question, some with starting honesty. If in fact you have been drinking, it is best not to admit it. First, depending upon how much alcohol you claim to have consumed, your admission alone may constitute “probable cause” to arrest you and give you a breathalyzer test. Second, some jurisdictions allow you to be charged with an impaired driving offense even if your blood alcohol content is below the legal limit.
Never consent to a search of your vehicle, even if you believe that you are in possession of nothing incriminating.

 

3. Remember That You Face Separate Driver’s License Sanctions


Along with a criminal charge for a drunk driving offense come Department of Motor Vehicle penalties. Your driver’s license will be taken from you at the time of your arrest, and you will be issued a paper license. You will have 15 days from the date of your arrest to challenge the suspension of your driver’s license, if you do not do so you may be subject to driver’s license sanctions even if you are ultimately acquitted of the drunk driving offense.

 

4. Consult An Attorney


The best way to know your rights, and to make sure they are protected, is to consult with a lawyer who practices drunk driving defense law. An attorney whose practice focuses on DWI Defense will best know how to challenge any breath, blood, or chemical tests, how to dispute the validity of the original traffic stop, and how to best protect your license. They are also likely to know what the judge who is handling your case is likely to do if you plead guilty, or if you are convicted after a trial.
It is even more important to consult a lawyer if you have a prior impaired driving conviction, as Louisiana imposes much more serious penalties on repeat offenders than on first time drunk drivers.

 

Here is another more informative Blog Post on Louisiana DWI Penalties.

 

 

Louisiana Statutes Relating to Bicycling

 

 

Bicycling Laws In New Orleans

 

New Orleans Traffic Citation Attorney

 

 

RS 32:106 Methods of Giving Hand and Arm Signals

 

All signals herein required to be given from the left side of the vehicle in the following manner and such signals shall indicate as follows:

Left Turn
Hand and arm extended horizontally with the had open and the back of the hand to the rear

Right Turn
Hand and arm extended upward at the angle of forty-five degrees from shoulder or elbow, with the hand open and back of the hand to the rear

Stop or Decrease Speed

Start hand and arm extended downward at an angle of forty-five degrees from shoulder or elbow, with the hand open and the back of the hand to the rear

 

RS 32:193 Operation of Bicycles; General Provision

 

The regulations applicable to bicyclists shall apply whenever a bicycle is operated upon a highway or upon any path set aside for the exclusive use of bicycles.

 

RS 32:194 Traffic Laws Apply to Persons Riding Bicycles

 

Every person riding a bicycle upon a highway of this state shall be granted all the rights and shall be subject to all the duties applicable to the driver of a vehicle.

 

RS 32:195 Riding on Bicycles

 

A person propelling a bicycle shall not ride other than upon or astride a permanent or regular seat attached thereto.

No bicycle shall be used to carry more persons at one time than the number for which it is designed and equipped.

A person operating a bicycle shall at all times keep at least one hand upon the handle bars thereof.

 

RS 32:196 Clinging to Vehicles

 

No person riding upon any bicycle shall attach himself or the bicycle to any vehicle upon a highway.

 

RS 32:197 Riding on Roadways and Bicycle Paths

 

A. Every person operating a bicycle upon a roadway shall ride as near to the right side of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction, except under any of the following circumstances:

(1) When overtaking and passing another bicycle or vehicle proceeding in the same direction.

(2) When preparing for a left turn at an intersection or into a private road or driveway.

(3)  When reasonably necessary to avoid fixed or moving objects, vehicles, bicycles, pedestrians, animals, surface hazards, or substandard width lane or any other conditions that make it unsafe to continue along the right-hand curb or edge of the roadway. For purposes of this Paragraph, a “substandard width lane” is a lane that is too narrow for a bicycle and a vehicle to travel safely side by side within the lane.

(4) When approaching a place where a right turn is authorized.

B. Persons riding bicycles upon a roadway, which includes an improved shoulder, may ride upon the improved shoulder.

C. Persons riding bicycles upon a roadway shall not ride more than two abreast except on paths or parts of roadways set aside for the exclusive use of bicycles.

D. Persons riding bicycles shall be allowed to operate on the shoulder of a roadway.

E. Any person operating a bicycle upon a roadway or a highway, where there are two or more marked traffic lanes and traffic travels in only one direction, may ride as near the left-hand curb or shoulder of that roadway as practicable when preparing for a left turn.

 

RS 32:199 Bicycle Helmets; Restraining Seats

 

With regard to any bicycle used on a public roadway, public bicycle path, or other public right-of-way, no parent, guardian, or person with legal responsibility for the safety and welfare of a child shall knowingly allow any of the following:

Such child under the age of twelve to operate or ride as a passenger on a bicycle without wearing an approved helmet of good fit fastened securely upon the head with the straps of the helmet.

Such child who weighs less than forty pounds or is less than forty inches in height to be a passenger on a bicycle without being properly seated in and adequately secured to a restraining seat.

 

RS 32:203 Motor Vehicles Operating in Bicycle Lanes

 

A. No person shall operate a motor vehicle in a bicycle lane except as follows:

(1) To prepare for a turn within a distance of two hundred feet from the intersection.

(2) To enter or leave the roadway onto an alley, private road, or driveway.

(3) To enter or leave a parking space when parking is permitted adjacent to the bicycle lane.

B. Any person operating a motor vehicle upon a bicycle lane in accordance with Subsection A of this Section shall yield the right-of-way to all bicycles and electric mobility aids within the bicycle lane.

C. This Section shall not prohibit the use of a motorized bicycle in a bicycle lane when the operator travels at no speed greater than what is reasonable or prudent, has due regard for visibility, traffic conditions, and the condition of the roadway surface of the bicycle lane and in a manner which does not endanger the safety of bicyclists.

D. In case of an emergency, the driver of a motor vehicle may lawfully operate the vehicle in a bicycle lane in accordance with the normal standards of prudent conduct to protect himself and others from harm. When the emergency ends, the motor vehicle shall not be operated in the bicycle lane.

 

RS 32:329 Bicycles; Front Lamps; Side and Rear Reflectors; Rear Lamps

 

A. Every bicycle when in use at nighttime shall be equipped with a lamp on the front which shall emit a white light visible from a distance of at least five hundred feet to the front and with a red reflector on the rear and a reflector on each side facing outward at a right angle to the bicycle frame, all of a type approved by the department which shall be visible from all distances within six hundred feet to one hundred feet to the rear when directly in front of lawful lower beams of headlamps on a motor vehicle. A lamp emitting a red light visible from a distance of five hundred feet to the rear may be used in addition to the red reflector.

B. Every bicycle when in use at nighttime on a state highway, parish road, or city street, in addition to the requirements of Subsection A of this Section, shall be equipped with a lamp emitting a red flashing light or a red light on the rear of the bicycle, which has sufficient candle power so that such lamp projects light from all distances within one hundred feet to six hundred feet when directly in front of lawful lower beams of headlamps on a motor vehicle.

C. No person shall sell or offer for sale any bicycle unless such bicycle is equipped with at least one red reflector on the rear and one reflector on each side as required by this Section.

D. After December 31, 2010, no person shall operate any bicycle at nighttime on a state highway, parish road, or city street, unless such bicycle is equipped with at least one lamp emitting a red flashing light or a red light on the rear as required by Subsection B of this Section.

 

RS 32:346 Brakes on Bicycles

 

Every bicycle shall be equipped with a brake which will enable the operator to make the braked wheels skid on dry, level, clean pavement.

 

RS 32:76.1 Limitations on Passing Bicycles

 

A. This Section shall be known as the Colin Goodier Protection Act.

B. The operator of a motor vehicle, when overtaking and passing a bicycle proceeding in the same direction on the roadway, shall exercise due care while the motor vehicle is passing the bicycle and shall leave a safe distance between the motor vehicle and the bicycle of not less than three feet and shall maintain such clearance until safely past the overtaken bicycle. An operator of a motor vehicle may pass a bicycle traveling in the same direction in a no-passing zone only when it is safe to do so.

 

Contact

If you have received a traffic citation in New Orleans, contact an experienced New Orleans Traffic Defense Attorney.

 

 

 

New Orleans DWI: Drinking and Driving Laws in Louisiana

 

DWI Attorney – New Orleans

 

By:  Elizabeth B. Carpenter, Esq.

 

Louisiana is a member of the Interstate Drivers License Compact – an agreement between participating states to share information regarding certain types of convictions including DUI / DWI and related Drunk Driving offenses. If a resident of one state gets convicted of a drunk driving offense in another state, the driver’s home state will be notified. The type of action the driver’s home state will take varies from state to state.

 
In the State of Louisiana it is illegal to drive with a blood alcohol concentration (BAC) of .08 percent or above. The .08 BAC limit is the standard measurement across the United States for an “Impaired” driver. Louisiana has lower BAC limits for drivers under the age of 21 (.02%) and drivers of commercial vehicles (.04%). The Louisiana driving while intoxicated (DWI) law also covers the use of drugs such as marijuana, amphetamines, tranquilizers and barbiturates. The penalty for driving under the influence of drugs is the same as driving under the influence of alcohol.

 

FIRST DUI DWI – DRUNK DRIVING CONVICTION – MISDEMEANOR
The penalty for a first DUI DWI – drunk driving conviction in Louisiana

• Incarceration:

  • Minimum of 10 days to a maximum of 6 months
  • The sentence may be reduced to 2 days if the offender is placed on probation and participates in a court-approved substance abuse program and a driver improvement program
  • The sentence may be entirely suspended if the offender performs 4 8-hour days of community service, half of which consists of litter abatement and also participates in a court-approved substance abuse program and a driver improvement program
  • If the offender had a blood alcohol concentration of .15 percent or more, there is a mandatory 2 day sentence

• Driver’s license suspension:

o If the driver submitted to a chemical test:

  • 1 year
  • 180 days if under age 21
  • 2 years if the blood alcohol content is above .20 percent

o If the driver refused to submit to a chemical test:

  • 1 year

o A restricted license may be granted in many situations if the driver agrees to the installation of a functioning ignition interlock device approved by the Department of Public Safety and Corrections for the period of suspension. There is no eligibility for a hardship license if a fatality occurred or a person sustained serious bodily injury as a result of the accident and the driver’s intoxication is found to be a contributing factor to the fatality or injury.

• Fines:

  • $300-$1,000 if under .20 percent blood alcohol concentration
  • $750-$1,000 if .20 percent or greater blood alcohol concentration

 

 

SECOND DUI DWI – DRUNK DRIVING CONVICTION – MISDEMEANOR
The penalty for a second DUI DWI – drunk driving conviction in Louisiana

• Incarceration:

  • Minimum of 30 days to a maximum of 6 months
  • Mandatory 2 day minimum sentence
  •  The sentence may be reduced to 15 days if the offender is placed on probation and participates in a court-approved substance abuse program and a driver improvement program
  • The sentence may be reduced to 2 days if the offender performs 30 8-hour days of community service, half of which consists of litter abatement and also participates in a court-approved substance abuse program and a driver improvement program
  • If the offender had a blood alcohol concentration of .15 percent or more, there is a mandatory 4 day sentence

• Driver’s license suspension:

o If the driver submitted to a chemical test:

  • 1 year, without eligibility for a hardship license
  • 180 days if under age 21
  • 4 years if the blood alcohol content is above .20 percent; mandatory 3 years of ignition interlock device installation

o If the driver refused to submit to a chemical test:

  • 1 year if this is the first refusal
  • 2 years if this is the second refusal within 5 years of the first

o A restricted license may be granted in many situations if the driver agrees to the installation of a functioning ignition interlock device approved by the Department of Public Safety and Corrections for the period of suspension. There is no eligibility for a hardship license if a fatality occurred or a person sustained serious bodily injury as a result of the accident and the driver’s intoxication is found to be a contributing factor to the fatality or injury.

• Fines:

  • $750-$1,000 if under .20 percent blood alcohol concentration
  •  $1,000 if .20 percent or greater blood alcohol concentration

o 6 months mandatory installation of an ignition interlock device, must remain installed and operating during the entire period of the suspended sentence.

 

 

THIRD DUI DWI – DRUNK DRIVING CONVICTION – FELONY
The penalty for a third DUI DWI – drunk driving conviction in Louisiana

• Incarceration:

  • Minimum of 1 year to a maximum of 5 years, with or without hard labor
  • Mandatory minimum of 1 year without benefit of probation, parole, or suspension of the sentence.
  • The court may suspend any additional portion of the sentence beyond the 1 year minimum if the offender is placed on probation for the same amount of time and participates in 30 8-hour days of community service.

The offender must also:

  • Undergo an immediate evaluation to determine the nature and extent of the offender’s substance abuse disorder and to participate in a treatment program, including inpatient treatment for a period of not less than 4 weeks followed by outpatient treatment not to exceed 12 months; or, participate in substance abuse treatment in an alcohol and drug abuse program provided by an approved provider.
  • Serve 6 months up to the remainder of the sentence in home incarceration, which requires:
  • Electronic monitoring, curfew restrictions, and home visitation by the Department of Public Safety and Corrections for the first 6 months
  • Obtain employment and participate in a court appointed driver improvement program.

• Driver’s license suspension:

o If the driver submitted to a chemical test:

  • 1 year, without eligibility for a hardship license
  • 180 days if under age 21
  • 4 years if the blood alcohol content is above .20 percent; mandatory 3 years of ignition interlock device installation

o If the driver refused to submit to a chemical test:

  • 1 year if this is the first refusal
  • 2 years if this is the second or subsequent refusal within 5 years of the first

o A restricted license may be granted in many situations if the driver agrees to the installation of a functioning ignition interlock device approved by the Department of Public Safety and Corrections for the period of suspension. There is no eligibility for a hardship license if a fatality occurred or a person sustained serious bodily injury as a result of the accident and the driver’s intoxication is found to be a contributing factor to the fatality or injury.

• Fines:

  • $2,000
  • The court may order that the vehicle being driven by the offender at the time of the offense be seized, impounded and sold at auction to pay court costs, towing and storage fees.
  • Ignition interlock device must be installed until substance abuse treatment and home incarceration is completed.

 

 

FORTH DUI DWI – DRUNK DRIVING CONVICTION – FELONY
The penalty for a third DUI DWI – drunk driving conviction in Louisiana:

• Incarceration:

  • Minimum of 10 years to a maximum of 30 years, with or without hard labor
  • Mandatory minimum of 2 years without benefit of probation, parole, or suspension of the sentence.
  • The court may suspend any additional portion of the sentence beyond the 2 year minimum if the offender is placed on probation for the same amount of time, not more than 5 years, and participates in 40 8-hour days of community service.

The offender must also:

  • Undergo an evaluation to determine the nature and extend of the offender’s substance abuse disorder and to participate in any treatment plan recommended by the evaluation, including inpatient treatment for a period of not less than 4 weeks followed by outpatient treatment not to exceed 12 months or participate in a substance abuse treatment program
  • Serve 1 year to the remainder of the sentence in home incarceration, which requires:
  • Electronic monitoring, curfew restrictions, and home visitation by the Department of Public Safety and Corrections for the first 6 months
  • Obtain employment and participate in a court appointed driver improvement program.

• Driver’s license suspension:

o If the driver submitted to a chemical test:

  • 1 year, without eligibility for a hardship license
  • 180 days if under age 21
  • 4 years if the blood alcohol content is above .20 percent; mandatory 3 years of ignition interlock device installation

o If the driver refused to submit to a chemical test:

  • 1 year if this is the first refusal
  • 2 years if this is the second or subsequent refusal within 5 years of the first

o A restricted license may be granted in many situations if the driver agrees to the installation of a functioning ignition interlock device approved by the Department of Public Safety and Corrections for the period of suspension. There is no eligibility for a hardship license if a fatality occurred or a person sustained serious bodily injury as a result of the accident and the driver’s intoxication is found to be a contributing factor to the fatality or injury.

• Fines:

  • $5,000
  • The court may order that the vehicle being driven by the offender at the time of the offense be seized, impounded and sold at auction to pay court costs, towing and storage fees.
  • Ignition interlock device must be installed until substance abuse treatment and home incarceration is completed.

 

 

Out of State Convictions

Under Louisiana state law, an alcohol related driving conviction in any other state, municipality or town which prohibits the operation of any motor vehicle while intoxicated shall constitute a prior conviction.

 

DWI / DUI Louisiana Cleansing Period

In the state of Louisiana, there is a 10 year period for a prior DWI arrest to not affect the sentencing of a current DWI conviction. In other words, if your second DWI arrest is more than ten years after your first, you will be charged with a first offense DWI instead of a second. However, if at any time during these ten years you were incarcerated, that time does not count towards the ten year cleansing period.

 

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If you have been arrested for a DWI, contact a skilled New Orleans DWI Defense Attorney for consultation.