In Louisiana, it is illegal to drive with a blood alcohol concentration (BAC) of .08 percent or above. The BAC limit for minors is .02 and for drivers of commercial vehicles the limit is .04 percent.

The penalty for a first offense DUI/DWI is ten days to six months (maximum) in prison, plus a fine that will range from $300 to $1000. If this is your first offense, it is possible to avoid jail time, but, again, you need an attorney to help keep you out of jail. Call me on my cell phone (504.237.5425) now. Or send me a text message (same number). You can also find me on Twitter (@NOLAlaw) or Facebook (link to Facebook in the upper right corner of the page). Whichever is easiest for you.

For a second offense DWI, the penalty increases: a minimum of thirty days in prison and a fine of at least $750. The maximum jail time for a second offense is six months, and your fine could be as much as $1,000.

A third DUI/DWI offense is a felony. (Don’t let this happen–once should be enough. Twice, at most.) Felony DUI/DWI offense involves a sentence of one to five years in the Louisiana Department of Corrections. A fourth DWI offense carries a possible sentence of from ten to thirty years in the Louisiana Department of Corrections. (Again, don’t do it. Take a cab, sleep on the couch, whatever it takes. You don’t want to spend ten years in jail.)

By the way, Louisiana’s DWI law also covers drugs such as marijuana, amphetamines, tranquilizers and barbiturates. The penalty for driving under the influence of drugs is the same as that of driving under the influence of alcohol.

In many cases, a skilled criminal defense attorney can negotiate a dismissal or reduction of the charges in DUI/DWI cases. It is also possible to negotiate a suspended prison sentence, under the provisions of Article 894 of the Louisiana Code of Criminal Procedure, which can ultimately result in the dismissal of the charges and an opportunity to have your record expunged. Once again, you need an attorney to make this happen.