If you’re dealing with a DWI or DUI charge, you probably have questions about how it will affect your future? The list below covers some of the most common questions our clients have asked us. 

What is the Punishment for a DWI?

The actual sentence for your charge can be hard to figure out because there are several things that can enhance the sentence, such as a higher blood-alcohol content or if you were in an accident that caused injuries. Sentences without enhancing factors are usually as follows

First Offense DWI (Misdemeanor): 

• $300 to $1000 fine,
• License suspension for at least 12 months,
• 10 days to six months in jail
  • Jail time can usually be avoided through 48 hours in jail or 32 hours of community service, a substance abuse evaluation, an interlock device on your car for at least six months, and a driver improvement class. 

Second Offense DWI (Misdemeanor): 

• Fine payment between $750 to $1000,
• License suspension for at least 24 months,
• 30 days to six months in jail
  • Jail time can usually be avoided through 15 days in jail or 240 hours of community service, a substance abuse evaluation, an interlock device on your car for at least six months, and a driver improvement class. 

Third Offense DWI (Felony): 

• $2000 fine, 
• License suspension for at least 36 months,
• one to five years jail time without probation for the first year, and
• possible seizure and sale of your vehicle.
  • The mandatory one-year of jail time and sale of your vehicle might be avoidable if you complete a court approved substance abuse program
  • The rest of the jail sentence can be suspended if you are placed on supervised probation for up to five years, complete 240 hours of community service, home incarceration for at least six months, substance abuse treatment, and a driver improvement class.

Fourth Offense DUI (Felony):

• $5000 fine, 
• License suspension for at least 36 months,
• 10-30 years in jail without probation for the first two,
• possible seizure and sale of your vehicle. 
  • The mandatory two-years  of jail time and sale of your vehicle might be avoidable if you complete a court approved substance abuse program
  • The rest of the jail sentence can be suspended if you are placed on supervised probation for up to five years, complete 320 hours of community service, home incarceration for at least a year, substance abuse treatment, and a drive improvement class.

Will I Lose My Driver’s License?

Yes, your driver’s license will be suspended if you are convicted of a DWI. The length of the suspension will depend on what level of DWI you are charged with. There are actually two suspensions, one by the court system and one by the Louisiana Office of Motor Vehicles. However, the suspensions will usually be run concurrently.

Can I Get a Hardship License?

In most cases, you can get a restricted license from the Louisiana Office of Motor Vehicles by showing proof that you have installed an interlock device on your vehicle. There is a procedure to go to court and get a hardship license, but it is usually not necessary because getting a restricted license from the OMV is an easier and quicker process. 

How Long Will a DWI Stay on My Record?

The arrest and conviction will stay on your record forever unless they are expunged. There is a 10-year cleansing period for when a prior DWI can be used to enhance a new charge. For example, if you were arrested, convicted and completed your sentence for a DWI more than ten years ago, a new charge today would be a first offense and not a second offense. If you completed the sentence nine years ago, a new charge today would be a second offense. 

What if I Have a Commercial Driver’s License?

For someone with a CDL, the consequences of getting a DWI are more severe, even if you were not driving a commercial vehicle at the time. Under federal guidelines your license will likely be suspended for one year and there is no hardship license. A second DWI can lead to a license suspension for up to ten years. Certain violations can result in a lifetime suspension of your license. The other punishment provisions discussed above will also apply.

Should I Take the Breathalyzer Test?

Everyone driving in Louisiana is presumed to have given “implied consent” to take a breathalyzer, blood, or urine test if asked to do so by an officer who suspects you of driving under the influence. If you refuse to take the test, your license will be suspended for 180 days. If you refuse to take the test, the officer can apply for a search warrant and get a blood test. It may take some time for the officer to get the warrant which means the results of the test may be different than if the test had been conducted closer to your time of arrest. Whether you have taken the test voluntarily or not, your license is going to be suspended. 

What Does a Field Sobriety Test Consist of?

• Horizontal Gaze Nystagmus (HGN): To test for HGN, an officer will likely ask the driver to follow their finger or a pen with their eyes while keeping the head still. If the eyes “jerk” instead of gliding smoothly, then this can be a sign that the driver is impaired. 
• Walk and Turn: This test determines someone’s level of divided attention. A police officer will ask the driver to take 9 steps, heel to toe, in a straight line. On the ninth step, the driver must turn around on one foot and take 9 steps back to where they started. The officer is testing to see if the driver struggles to maintain balance, keep track of the number of steps, or to touch heel to toe.
• One Leg Stand: The officer will ask the driver to hold one foot about six inches off the ground while looking at the foot and counting by one-thousands (one thousand one, one thousand two, etc.) 

Will a Lawyer Beat My DWI Charge?

Probably not. Most police officers are well trained at performing field sobriety tests and there is usually video evidence of the test being performed. However, good DWI lawyers do sometimes beat the charges. A good DWI lawyer will be able to get the state’s evidence, go over the evidence with you, and discuss whether there is a chance at beating the charge. More commonly, good DWI lawyers might be able to file motions that result in the charges getting reduced, may be able to get some of the charges reduced through plea negotiations, or may be able to get you into programs that help keep the conviction off of your record. You will never know if a lawyer might be able to beat the charge in your case unless you hire a lawyer. 

Does a DWI Affect my Car Insurance Rate?

Yes, getting convicted of a DWI will almost certainly affect your insurance rate. Some companies will cancel your policy if you get convicted of a DWI. On average, someone with a DWI conviction pays nearly 150% more for car insurance than someone who does not have a DWI conviction. 

What are the Attorney Fees for a DWI?

Our firm charges a flat-fee for handling DWI cases. The rates take into consideration the experience of our attorneys and the amount of work anticipated in handling each type of case. Our current fees are set forth below. These rates are subject to change without notice and the actual fee quoted to you for handling your case may be different depending on the facts of your case.

These rates typically include related traffic charges (speeding, swerving etc …) but do not charge more serious traffic or felony offenses (reckless operation, negligent homicide etc …).