Posts Tagged ‘One of the best Dwi Dui Attorneys in New Orleans’

DWI Additional Conditions Of Probation — Ignition Interlock Device In Louisiana

 

NEW ORLEANS DWI DEFENSE ATTORNEY

 

Elizabeth Bagert Carpenter, Esq.  —  Defending DWI Cases In South Louisiana

 

DWI ADDITIONAL CONDITIONS OF PROBATION — IGNITION INTERLOCK DEVICE  La R.S. 15:306

 

A.(1)  As an additional condition of probation, the court shall require that any person convicted of a second or subsequent violation of R.S. 14:98 and placed on probation in accordance with that Section shall not operate a motor vehicle during the period of probation unless any vehicle, while being operated by that person, is equipped with a functioning ignition interlock device as provided in R.S. 15:307.

(2)  However, nothing in this Section shall be construed as granting a superior right to a restricted license than that provided in R.S. 32:378.2 with regard to any period of preliminary disqualification.

B.(1)  When the court imposes the use of an ignition interlock device as a condition of probation upon a person, the court shall require the person to provide proof of installation of such a device to the court or a probation officer within thirty days.  If the person fails to provide proof of installation within that period, absent a finding by the court of good cause for that failure which is entered into the court record, the court shall revoke the person’s probation.

(2)  “Proof of installation” shall mean either a certificate of installation or a copy of the lease agreement with one of the approved ignition interlock device companies.

C.  The person whose driving privileges are restricted pursuant to this Section shall have the system on his vehicle monitored by the manufacturer for proper use at least semiannually or more frequently as the court may order.  A report of any monitoring shall be issued by the manufacturer to the court within fourteen days after the monitoring.

D.  If a person is required in the course and scope of his employment to operate a motor vehicle which does not have an approved ignition interlock device, and if the vehicle is owned by the employer, the court may allow the person to operate the employer’s vehicle.  Any person authorized to operate an employer’s vehicle without an ignition interlock device shall be required to obtain and present to the court written permission from the employer for the employee to operate a specific vehicle or vehicles.  Such permission shall be in the possession of such person when he operates the employer’s vehicle.  A motor vehicle owned by a business entity which is in whole or in part owned or controlled by a person otherwise subject to this Section is not a motor vehicle owned by the employer.

 

If  you or a loved one has been arrested for a DWI in Orleans, Jefferson, St. Charles, St. John, St. Tammany Parishes, contact a New Orleans DWI Defense Attorney — Elizabeth B. Carpenter.

 

Information About DMV Hearings — DWI Defense Louisiana

New Orleans DWI DUI Attorney 

 

 

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

 

Information About DMV Hearings

By Elizabeth B Carpenter

 

If you have been arrested for a DWI in New Orleans area, a lawyer can help you with both the criminal side of your case and your DMV hearing, which addresses the suspension of your driving privileges in Louisiana. Your DMV hearing is just as important as your criminal case, and thus it is essential that you work with an attorney on this as well.

 

A New Orleans DWI Defense Attorney can help you if you have been arrested for DWI and need representation at your DMV hearing. An attorney can schedule your hearing, fully prepare you for it and can represent you at the hearing in order to help you get the best outcome possible. The DMV Administrative Hearing is a hearing where your attorney will have the opportunity to show that a suspension or revocation of your driving privilege is not justified. At this hearing, your attorney will present testimony and relevant evidence on your behalf. If the review shows there is no basis for the suspension or revocation, the action will be set aside and your driver’s license will be returned.

 

You Only Have 15 Days From The Date Of Your Arrest!

 

Upon getting arrested for DUI in Louisiana, the police officer is required by law to immediately forward a copy of the completed notice of suspension or revocation form and any driver’s license taken into their possession, with a sworn report, to the Department of Motor Vehicles (DMV). This means that the officer will confiscate your license and will give you a temporary license that is valid for only 30 days from the time of your DWI arrest.

 

Immediate action is necessary, by you or your attorney, in order to prevent the suspension of your driver’s license. You must contact the DMV within 15 days of your arrest and schedule an Administrative Hearing – otherwise your license will be suspended upon the expiration of the 30-day temporary license you were given upon your arrest.

 

A DMV hearing is a part of any DWI arrest.  Many DMV hearings will hinge upon whether the officer had probable cause to stop you in the first place and the experience of the officer who administered the breath test or blood test which was used to determine your blood alcohol level.   Contact 504-599-5955  —  Available to help you 24/7.

 

 

Field Sobriety Tests: Understanding the Three Forms — DWI Defense Louisiana

New Orleans DWI DUI Attorney 

 

 

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

 

Field Sobriety Tests: Understanding the Three Forms

 By Elizabeth B Carpenter

In most Louisiana DWI cases, before breath and blood tests are utilized, law enforcement officers will use what is known as the field sobriety test. These are a common first way of determining the level of intoxication of the subject. For a long time, these tests were not standardized and were different across the board – varying from place to place. The National Highway Traffic Safety Administration (NHTSA), however, has since standardized this form of testing and has come up with three different tests:

 

Horizontal Gaze Nystagmus (HGN): This is the most scientific of all field sobriety tests and is used to test the nystagmus of the subject – which is the involuntary jerking of the eye. It is believed that the drinking of alcohol can exaggerate and aggravate nystagmus. To perform this test, an officer will take a small object (such as a pen or flashlight) and will place it before their eyes – moving it horizontally in front of them. They will then watch the eye’s tracking and will look for any distinct movement.

Walk-and-Turn (WAT): This is considered to be a “divided attention” test that requires the subject to listen to detailed instructions and then perform as asked. The WAT requires the subject specifically to walk in a straight line (heel to toe) for nine steps, turn on one foot and then return back to the starting point of the test. The officer will look for signs of failure which include using the arms to balance, steps off of the line, doesn’t take the specified nine steps or stops during the test.

One-Leg Stand (OLS): The simplest form of testing is known as the OLS and is another form of a divided attention test. This requires the subject to stand on one leg while raising the other for six inches off the ground – counting until the officer tells them that they are able to put their foot down. Signs of failure including using arms to balance, swaying, hopping to maintain balance or putting their foot down before the test is over.

 

Contact

 

When you are dealing with criminal charges pertaining to drunk driving, you need an aggressive attorney that you can rely upon.  Contact DWI DUI Attorney Elizabeth B. Carpenter — Available 24/7 to help you.

 

 

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. 

 

 

Vehicular Homicide — Louisiana

New Orleans Vehicular Homicide Attorney

 

Elizabeth B. Carpenter, Esq. — Serving clients in Orleans, Jefferson, Terrebonne, St. John, St. Tammany, St. Charles, St. Bernard, Tangipahoa and Assumption Parishes!
 
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. 

 

Vehicular Homicide — La RS 14:32.1

Vehicular homicide is the killing of a human being caused proximately or caused directly by an offender engaged in the operation of, or in actual physical control of, any motor vehicle, aircraft, watercraft, or other means of conveyance, whether or not the offender had the intent to cause death or great bodily harm, whenever any of the following conditions exists and such condition was a contributing factor to the killing:

(1)  The operator is under the influence of alcoholic beverages as determined by chemical tests administered under the provisions of R.S. 32:662.

(2)  The operator’s blood alcohol concentration is 0.08 percent or more by weight based upon grams of alcohol per one hundred cubic centimeters of blood.

(3)  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.

(4)  The operator is under the influence of alcoholic beverages.

(5)The operator is under the influence of a combination of alcohol and one or more drugs which are not controlled dangerous substances and which are legally obtainable with or without a prescription.

It shall be an affirmative defense to any charge under this Paragraph pursuant to this Section that the label on the container of the prescription drug or the manufacturer’s package of the drug does not contain a warning against combining the medication with alcohol.

(6)  The operator is under the influence of one or more drugs which are not controlled dangerous substances and which are legally obtainable with or without a prescription and the influence is caused by the operator knowingly consuming quantities of the drug or drugs which substantially exceed the dosage prescribed by the physician or the dosage recommended by the manufacturer of the drug.

 

Whoever commits the crime of vehicular homicide shall be fined not less than $2,000 dollars nor more than $15,000 dollars and shall be imprisoned with or without hard labor for not less than 5 years nor more than 30 years.  At least 3 years of the sentence of imprisonment shall be imposed without benefit of probation, parole, or suspension of sentence.  If the operator’s blood alcohol concentration is 0.15 percent or more by weight based upon grams of alcohol per 100 cubic centimeters of blood, then at least 5 years of the sentence of imprisonment shall be imposed without benefit of probation, parole, or suspension of sentence.  If the offender was previously convicted of a violation of R.S. 14:98, then at least 5 years of the sentence of imprisonment shall be imposed without benefit of probation, parole, or suspension of sentence.  The court shall require the offender to participate in a court-approved substance abuse program and may require the offender to participate in a court-approved driver improvement program.  All driver improvement courses required under this Section shall include instruction on railroad grade crossing safety.

 

Elizabeth B. Carpenter, Esq.  — Contact us to schedule a consultation!

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.

 

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.

 

Contact

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

 

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