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Being stopped for a DWI (driving while intoxicated) is no small hardship. You may be worried about your insurance or the possibility of a hefty fine. A DWI can jeopardize your driver’s license and job and impact your life in unforeseen ways.
Being pulled over for a DWI after you have already been charged and convicted for a DWI can be downright terrifying. You’re may still be feeling the consequences of a prior DWI, and now you are wondering what this new charge could mean for you and your future.
DWI or DUI?
DWI (Driving While Intoxicated) and DUI (Driving Under the Influence) are often used interchangeably. Some states separate these charges based on whether the driver was intoxicated via alcohol (DWI) versus driving while under the influence of drugs (DUI).
The state of Louisiana does not differentiate between DWI and DUI. Louisiana actually refers to this offense as operating a vehicle while intoxicated (OWI), but the standard nomenclature is DWI, and this article will refer to this offense as a DWI.
Penalties for a Second Offense
First and second-offense DWIs are often treated as misdemeanors. However, even a misdemeanor charge can come with hefty fines of up to $1,000 and up to six months in jail. Penalties could be more severe if your BAC (Blood Alcohol Level) is high enough, resulting in an ignition interlock device being installed in your vehicle, preventing the vehicle from starting if you can not blow a legal BAC.
Penalties for a Third and Subsequent Offenses
Penalties escalate significantly from the third charge onwards. You can be charged with a felony on your third, fourth, and subsequent DWI offenses. Your third charge can carry a penalty of fines up to $2,000, the suspension of your license, and even prison time, up to five years.
Fourth offense DWIs can carry hefty penalties. You could face fines of up to $5,000 and between 10 to 30 years in prison.
If you kill someone while you are intoxicated, you could face between 5 years to 30 years in prison and fines ranging between $2,000 and $15,000. Much like second, third, and subsequent DWI charges, these penalties can scale if this was not your first offense.
Fighting a DWI Charge in Louisiana
Just because you have been arrested and charged with a DWI does not mean you are guilty. While it may be harder to defend a second or third offense, the prosecution will still have to prove your guilt beyond a reasonable doubt.
It is important to hire an experienced attorney as soon as possible. The resourceful lawyers at Whiddon Criminal Defense can help build your defense. Our attorneys can help defend you against the worst possible scenarios of a DWI charge, lessen charges, and, in some cases, have the charge dropped altogether.
Common Defenses Against a DWI Charge
Here are some common defenses when it comes to fighting a DWI:
You were not driving. If you were sleeping, resting, or otherwise occupying your vehicle but not driving it, you should not have been charged with a DWI.
No Probable Cause. If you were pulled over or arrested without probable cause, your entire case could be dismissed. Police must prove they had a reason to believe you were doing something illegal before pulling you over.
Police errors and misconduct. Even the police are susceptible to making mistakes, but they are not immune to the consequences of doing so. If the evidence in your case was mishandled, your rights were violated, or police can not prove probable cause for pulling you over, you may be able to fight the charge.
Get a Lawyer Now, Not Later
It is important to start building your case immediately after being charged with a DWI. The lawyers at Whiddon Criminal Defense can help you gather the evidence and build a case for your DWI charge. While it is not always possible to have all charges dropped, an experienced attorney may be able to help reduce penalties and protect you and your reputation. We are available 24/7 at 318-387-2776. Call now or contact us here to schedule a free consultation.
