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.

You Should:

• Contact an experienced criminal defense attorney immediately. Keep in mind that for DUI/DWI there are certain filing deadlines that you have to meet to protect your rights.
• Be courteous to police officers and comply with (reasonable) commands.
• Notice if anyone is around during your arrest or processing. They could be considered a witness in your favor.
• Exercise your right to remain silent. You should only answer questions regarding basic information, like your name and address. Do not answer any other questions

You Should NOT:

• Attempt to represent yourself, especially if this isn’t your first offense. DWI charges carry heavy consequences: in the state of Louisiana your third DUI is considered a felony. There are ways an experienced criminal defense attorney can reduce your sentence or negotiate a lesser charge. Give yourself the advantage of professional legal representation.
• Speak to anyone about details or facts of the case. Only do so if your attorney says otherwise.
• Take a field sobriety test. These tests are highly subjective and could hurt your case.
• Take the roadside breath test. In most cases, this will hurt your case. (Note: If you HAVE NOT been drinking AT ALL, it may benefit you to go ahead and take the test, but only if you have had NOTHING to drink).

*Note: If you are arrested and charged with Driving While Intoxicated in the state of Louisiana, you only have 15 days to request a hearing from the Department of Public Safety and Corrections or your license will be suspended. Though you can request this hearing yourself, most attorneys can do it for you in connection with their representation on the DUI/DWI.