DWI LAWS IN BATON ROUGE
An arrest for driving under the influence (DUI) in Louisiana requires immediate action and the guidance of a skilled DUI attorney. Law enforcement agencies target such activity and even a first offense is seriously looked down upon by the Louisiana court system. Besides damage to your reputation, a DUI conviction can lead to costly fines, a loss of driving privileges and even jail time! If you have been previously convicted of DUI, the gravity of the potential consequences escalates tremendously. The subsequent information will do nothing more than provide you with a general understanding of the challenge you have been confronted with. You require the representation of an attorney who specializes in handling exactly this sort of issue in order to ensure the most positive outcome. For a professional consultation, please call Brandon Stockstill at (225)405-8005.
Post-DUI Arrest
The State of Louisiana maintains a legal limit of .08% blood alcohol concentration (BAC), regardless of the type of vehicle you were operating (i.e., motor vehicle, aircraft, watercraft.) You will be presumed intoxicated if your BAC is above this limit and presumed innocent if your BAC is below .05%. Accordingly, you can still be arrested for DUI when your BAC is between .05% and .08%, provided law enforcement officers are able to establish your intoxication based on evidence of physical demeanor or impaired ability to drive.
After being arrested for DUI in Louisiana, two separate legal actions will be instigated against you. The first, an administrative action, will proceed against your driving privileges. The second, a criminal action, will go after your freedom and your wallet in addition to suspending your driving privileges. Generally, a DUI charge is treated as a misdemeanor offense; however, you will be charged with a felony if you have been previously convicted of DUI twice within the last ten years.
Administrative Hearing
If the arresting officer has retained your state issued driver’s license and you were issued a temporary receipt of license, this document will serve as a valid permit to drive for 30 days following your arrest. However, you must take action immediately. Failure to request an administrative hearing from the Department of Public Safety and Corrections within 15 days of your arrest will result in an automatic revocation of your driver’s license for the maximum statutory period. For this reason, it is imperative that you contact a skilled attorney immediately. For a professional consultation, contact Brandon Stockstill at (225)405-8005 for a free initial consultation.
A conviction for DUI on your driving record will double or triple your auto insurance rates. It can even result in a cancellation of your coverage. The risk is much greater if you have been convicted of prior traffic convictions.
Criminal Process After First DUI Conviction
In Louisiana, the doctrine of implied consent states that any driver must agree to submit to a chemical test if a law enforcement officer has a reasonable suspicion that he or she has been operating a vehicle under the influence of alcohol. The chemical test can be designed to test breath, blood, or urine.
If you refused to submit to a chemical test requested by a Louisiana police officer, your refusal will automatically result in revocation of your driver’s license for 180 days. Refusal of a second chemical test within 5 years will result in an automatic revocation of your license for 545 days. Unfortunately, evidence of your refusal will still be used against you in both the administrative and criminal actions.
If you do submit to a chemical test and it returns a result of greater than .08% BAC, your driving privileges can be suspended for up to one year. Moreover, fines can range between $300 and $1,000, plus court costs, and you potentially face jail time of up to six months. An ignition interlock device may even be installed on your vehicle if the court believes you pose a risk of repeating the offense. For commercial drivers, the legal limit is decreased to .04% BAC and a first DUI conviction will result in an automatic 1 year revocation of the CDL.
For drivers under the age of 21, the legal limit is decreased to .02% BAC. Your license will be automatically revoked for 30 days and possibly restricted for an additional 150 days. While the charge will not go on your permanent driving record, it will still be used as evidence in both the criminal and administrative proceedings, which will otherwise carry the same penalties as any other DUI conviction. The conviction will be placed on your permanent record if your BAC was over .08%.
Subsequent DUI Convictions
Penalties for additional DUI violations become increasingly severe. A second DUI conviction can result in a jail sentence ranging from 30 days to 6 months, a fine ranging from $750 to $1,000 and a driver’s license revocation for up to one year. At the court’s discretion, an ignition interlock device can also be placed on your vehicle. For commercial drivers, a second DUI conviction results in a lifetime revocation of your CDL.
For underage drivers with a BAC under .08%, a second DUI conviction can result in a fine between $150 and $300 and a jail sentence between ten days and three months, all of which may be suspended. Sentences of up to eighty hours of community service, a substance abuse evaluation, and driver improvement school can also be handed down.
A third DUI conviction within a ten year time period will be treated as a felony. You will be required to spend a mandatory 45 days in jail and could potentially be sentenced for up to five years. Your license can be suspended for up to two years and you can be required to attend six weeks of inpatient substance abuse treatment and up to 12 months of outpatient treatment. Your vehicle can be seized and sold by the state of Louisiana and community service may also be mandated.
A fourth DUI conviction in Louisiana will require a mandatory 75 day jail sentence and can potentially result in a sentence of up to 30 years. You will be fined up to $5,000 and your driver’s license will be revoked for two years. Six weeks of inpatient and 12 months of outpatient substance abuse treatment will be required. The court may also mandate community service and the forfeiture of your vehicle.
Diversion
In the past 5 years, if you have not been placed on diversion or been convicted of DUI in Louisiana, your attorney may be able to negotiate a diversion agreement. Accordingly, the prosecutor will drop the charges in exchange for your future good behavior and payment of an assessment fee, which may be waived at the court’s discretion. For the duration of your diversion, you will be obligated to refrain from breaking any laws and going to any bars, pubs, or clubs. The court may mandate random urinalysis and will likely require you to attend a court approved substance program and a driver improvement course. A diversion agreement will avoid a formal conviction that would appear on your permanent record, but will in no way affect the administrative proceeding.
Probation
The terms of a probation agreement are practically identical to those of diversion. However, it will be the only possibility if any accident or injury led to the discovery of your DUI charge. In such case, you will likely be obligated to pay restitution for such damage before any agreement can be reached. Additionally, the court will require that a minimum jail sentence be served before any agreement can be reached. For a first DUI conviction, the amount of jail time is 48 hours, for a second conviction the time is 30 days, for a third it is 1 year, and a fourth 10 years.
Required Action
You need to seek guidance from a skilled attorney who is seasoned in the area of DUI defense. A qualified attorney’s ability to see the big picture and empathize with your situation will help steer you towards a positive outcome. You require discretion and aggressive legal representation to get you back behind the wheel and back on the road of life.
Brandon S. Stockstill
Attorney at Law
10537 Kentshire Court, Suite B
Baton Rouge, LA. 70810
bstockstill@gmail.com
Telephone: 225-302-8959
