Louisiana DWI Lawyers
Fighting for Drivers Accused of DWI in Northern Louisiana
If you were arrested for drunk driving in Louisiana, you should contact a criminal defense attorney immediately. DWI charges can result in jail time, driver’s license suspension, fines, and a black mark on your permanent criminal record if you are convicted. You deserve a chance to prove you’re not guilty; our DWI attorney has the skills to determine the most effective way to defend against the charges.
When you hire a skilled attorney with a track record of positive case results, you can be confident in the lawyer’s professional defense skills and experience in court. If you’re ready to talk to an experienced Monroe and Shreveport DWI lawyer, contact Whiddon Criminal Defense for legal representation for a DWI case.
What is the Difference Between DUI and DWI in Louisiana?
In Louisiana, the terms Driving Under the Influence (DUI) and Driving While Intoxicated (DWI) are often used interchangeably to describe the offense of operating a vehicle while impaired by alcohol or drugs. This serious traffic violation can lead to significant legal consequences. In Louisiana, both DUI and DWI refer to the act of driving a vehicle while impaired by alcohol, drugs, or a combination of both. The state enforces strict laws to deter impaired driving.
If you’re facing a DWI charge, you’ve been accused of driving while intoxicated. The charges are filed if it is alleged that you were operating a vehicle while your blood alcohol content (BAC) was 0.08% or higher or 0.02% if you’re under 21. For commercial drivers, the allowable BAC is 0.04. If you blow over the limit, you can expect to be taken to the police station, booked, and charged with DWI.
Misdemeanor DWI in Louisiana
A misdemeanor DWI (Driving While Intoxicated) charge typically applies to individuals who have been arrested for operating a vehicle under the influence of alcohol, drugs, or a combination of both but have not previously been convicted of a felony DWI or the case has no “aggravating factors,” Such as causing an injury or fatal accident. In Louisiana, a first-offense DWI is generally classified as a misdemeanor.
Penalties for a Misdemeanor DWI in Louisiana
First Offense DWI
- Jail time of up to 6 months (at least 24 hours must be served).
- Fines up to $1,000.
- Court-mandated substance abuse education program.
- Driver’s license suspension can be up to 1 year.
- Community Service Alternative, 32 hours.
- You may be required to install an ignition interlock device in your vehicle at your own expense.
Second Offense DWI
- Jail time ranges from 48 hours to 6 months—mandatory 48 hours incarceration.
- Fines up to $1,000.
- Attendance at a state-approved substance abuse treatment program.
- 2-year license suspension.
- An ignition interlock device will be installed for six months at your cost.
- Community Service of
Third Offense
- A prison sentence of one to five years, with no possibility of parole, probation, or sentence suspension for the first year.
- Fines up to $2,000.
- 3-year driver’s license suspension.
- Required to complete substance abuse treatment.
Felony DWI in Louisiana
A felony DWI charge is far more serious. It occurs in cases where the defendant has multiple prior DWI convictions or when alcohol or drug-impaired driving has led to an accident with substantial harm to others. Felony DWIs are typically charged when an individual has accumulated four or more DWI convictions or if the driver is accused of operating a vehicle in a manner that causes serious injury or death.
Penalties for Felony DWI in Louisiana
For Fourth or Subsequent Offenses:
- A prison sentence of 10 to 30 years, with no parole for the first 6 years.
- A maximum fine of $5,000.
- Permanent revocation of the driver’s license.
- Completion of a substance abuse program is mandatory.
Vehicular Homicide or Injury While Impaired
- Up to 30 years in prison, depending on the case specifics.
- Significant fines, potentially exceeding $5,000.
- Restitution may be required for the victim’s family or others harmed in the incident.
CDL DWI in Louisiana
Operating a commercial vehicle in Louisiana requires strict adherence to traffic laws, especially concerning alcohol consumption. For commercial driver’s license (CDL) holders, the legal blood alcohol concentration (BAC) limit is 0.04%, half the limit for non-commercial drivers. Exceeding this limit can lead to severe consequences, including being restricted from driving and unable to make a living.
Penalties for CDL Holders
First Offense: A first-time DWI conviction while operating a commercial vehicle results in a minimum one-year CDL suspension. If transporting hazardous materials at the time of the arrest, the license suspension extends to three years.
It’s important to note that these penalties apply even if the DWI offense occurs while driving a personal, non-commercial vehicle. Additionally, refusing to submit to a breathalyzer test can result in a CDL suspension under Louisiana’s Implied Consent Law.
Protecting Your CDL and Livelihood
A DWI conviction can jeopardize your career as a commercial driver. If you’re facing DWI charges, seeking experienced legal representation is crucial to navigate the complexities of CDL regulations and to protect your livelihood.
DWI Under 21 in Louisiana
Louisiana enforces a zero-tolerance policy for underage drinking and driving. For drivers under 21, the legal BAC limit is 0.02%. Exceeding this limit can lead to significant legal repercussions.
Penalties for Underage DWI
First Offense
- Fines: $100 to $250.
- Imprisonment: 10 days to 3 months.
- Probation Option: The court may suspend the sentence in favor of probation, requiring participation in 32 hours of community service and a court-approved substance abuse and driver improvement program.
Second or Subsequent Offense
- Fines: $250 to $500.
- Imprisonment: 30 days to 6 months.
- Probation Option: The court may impose probation conditions, including 48 hours of jail time or 80 hours of community service and mandatory participation in substance abuse and driver improvement programs.
Long-Term Consequences
If you or a loved one is under 21 and facing DWI charges, you must speak with a knowledgeable attorney about mitigating the impact on your future. Legal counsel can help navigate the judicial process and work towards minimizing the consequences of an underage DWI conviction.
Regardless of your BAC during your DWI arrest, you need legal support from a DWI attorney who has defended numerous DWI cases throughout the entire state, from Shreveport to Baton Rouge, Louisiana. The DWI attorneys at our Monroe law firm have defended clients from misdemeanor and felony charges over the years. Whether you’re facing misdemeanor or felony charges, you have the right to defend against the charges—and we are ready to take on even the most challenging cases with total confidence.
The Consequences of a DWI Conviction Go Beyond Jail Time, Fines, and Community Service
A DUI or DWI conviction can have long-lasting effects beyond the punishments imposed by the court:
- Employment Challenges: Certain professions may terminate or refuse to hire individuals with a DUI/DWI record. Some occupations will suspend your license to practice.
- Insurance Rates: Auto insurance premiums increase significantly after a conviction.
- Personal Reputation: The social stigma associated with a DWI can affect personal relationships and community standing. The charges and conviction are available to any individual with a digital device who chooses to do a background check.
- License Suspension: The inability to operate a vehicle will leave you relying on family, friends, taxis, buses, or rideshare services like Uber or Lyft.
Defense Strategies for DWI Charges in Louisiana
If you are facing a DUI or DWI charge in Louisiana, it’s crucial to seek experienced legal representation. Our defense attorney can take on even the most challenging cases confidently and skillfully. The actions will include:
- Assess the Case: Examine the evidence to identify weaknesses or procedural errors.
- Challenge the Errors in the Case: We can challenge errors in police procedure, roadside testing, the chain of custody of evidence, or the legality of the initial stop.
- Negotiate Reduced Penalties: Work to reduce fines, avoid jail time, or minimize license suspension periods.
- Provide Guidance: Offer advice on steps to mitigate the impact of the charge, including options for alternatives to jail time with community service or enrolling in alcohol education programs.
- Hardship Licenses: Our DWI defense lawyer can negotiate to get you a hardship license, allowing you to continue to drive to work or school after a conviction. These licenses generally require the installation of an IID (interlock ignition device).
- Plea Deals and Trials: Many cases are resolved without a trial, but should a trial be necessary, you can trust that your case will be presented persuasively and supported by compelling and convincing evidence.
How Can Our DWI Lawyer Help?
A skilled DWI lawyer will provide the criminal defense services you need to avoid the harshest penalties for DWI charges. Whether you were pulled over in Bossier City, Baton Rouge, Monroe, or Shreveport, LA, our DUI lawyers are here to assist with your legal issues.
Our DWI lawyers are Louisiana State Bar Association members at our law office. You can be confident that you will get legal representation from a quality DWI attorney who is not only well-versed in Louisiana laws regarding DWI but actively invests his time in DWI education. Attorney Keith Whiddon regularly attends DWI training and has even written a book covering DWIs. With his experience and know-how, you can rest easy knowing your case is in expert hands. Call 318-594-3592 to schedule a free consultation with caring DWI lawyers from our law office.
Why Choose Whiddon Criminal Defense for DWI Defense?
At Whiddon Criminal Defense, we understand that facing misdemeanor or felony DWI charges is stressful. The penalties imposed can have a profound impact on your life. For a meaningful difference in the quality of legal representation, our firm offers more:
Personalized Attention
We prioritize treating you as an individual, not just a case number. Our team is dedicated to addressing your unique concerns and questions. You can always schedule an appointment to speak directly with your attorney, ensuring you are informed and involved throughout the legal process.
Focused, Energetic, Professional Legal Service
From our receptionist to our lead attorney, every member of our firm is committed to providing professional and courteous service. Our attorney brings extensive experience in criminal defense, ensuring that your case is handled with the utmost competence and diligence.
Transparent and Fair Pricing
We offer flat-fee pricing, providing clarity and peace of mind regarding legal costs. Additionally, we are committed to your satisfaction with our trial guarantee. If you are unsatisfied with a proposed plea deal, we are prepared to take your case and present a defense case to pursue a more favorable outcome.
Commitment to Your Freedom
Our primary goal is to help you avoid incarceration. We recognize the severe consequences DWI charges can bring, including significant jail time. Unlike overburdened public defenders who may juggle hundreds of cases, we can focus on your defense, striving to achieve the best possible result.
Choosing Whiddon Criminal Defense means choosing a firm dedicated to protecting your rights and fighting for your freedom and future. Let us provide the personalized, expert representation you deserve. Contact us at 318-594-3592 for a free initial consultation.