Getting arrested for driving while intoxicated (DWI) can be an overwhelming and stressful experience. If you or a loved one is facing a first-offense DWI in Louisiana, familiarize yourself with the local laws and procedures so you know what to expect. If you need more information, consider speaking to a criminal defense attorney.
In Louisiana, it is illegal to drive while drunk or on drugs that impair your driving ability. The formal legal term for this offense is DWI (driving while intoxicated) or OWI (operating a vehicle while intoxicated). DWI is sometimes used interchangeably with DUI (driving under the influence). Drug-related impairment may also raise concerns involving Drug Crime.
According to state DWI laws, any driver may be charged with intoxicated driving if they are found operating a vehicle with a blood alcohol concentration (BAC) at or above the legal limit of 0.08 percent.
For minors under 21, the BAC limit is 0.02 percent. Drivers can also be arrested for DWI if the officer has reason to suspect intoxication, even if the BAC result is under the amount considered to be illegal.
If the driver has no prior history of intoxicated driving, an arrest would generally result in a first-offense DWI charge. A first DWI is typically a misdemeanor-level offense, but penalties can vary quite a bit depending on the circumstances of the arrest. Punishment may be harsher if the driver caused an accident, endangered a child, or had a high BAC, among other aggravating factors. When an accident results in injuries, related matters may involve Personal Injury, Car Accident, Motorcycle Accident, or Truck Accident.
According to the latest data, 34 percent of motor vehicle crashes in the state of Louisiana in 2023 were alcohol-related. This rate remained the same in 2024, with an estimated 243 fatalities resulting from alcohol-related traffic accidents.
Due to the prevalence of alcohol-related accidents, Louisiana takes DWI sentencing very seriously. Even first-time offenses can result in significant penalties, leaving the driver to face negative consequences. Other legal matters may involve Workplace Injury, Slip-and-Fall Accident, Industrial Accident, or Successions Law.
The penalties for a first-offense DWI in Louisiana are as follows:
You should hire a DWI lawyer because working with a legal professional who understands Louisiana criminal laws and procedures improves your chances of reaching a successful outcome. An experienced defense attorney can look at the details of your situation and build a compelling case on your behalf.
Even seemingly minor or first-offense DWIs can result in a conviction, creating a criminal record and complicating your future. By working with a lawyer, you are taking the first step in protecting yourself and your rights.
At FHD Law, we treat each client’s case with the utmost importance and care. We believe in standing up for those in need of strong legal defense and providing a service you can put your trust in.
Our attorneys work to make you feel heard and supported through every step of your case. With more than 80 years of combined experience, we offer an approach with expansive resources based on a strategy tailored to your personal circumstances. Our legal services also address Estate Law, Family Law, Business Law, and Environmental Law.
The courthouse that may handle an intoxicated driving charge in Louisiana depends on where you are located and other factors of the case, such as the severity and specific circumstances of the crime.
For example, typical first-time misdemeanor DUIs in the Lake Charles area generally go through the Lake Charles City Court, which is located at 1001 Ryan St., Lake Charles, LA 70601. More serious crimes, including felony DWI charges, are instead likely to go through the 14th Judicial District Court for Calcasieu Parish. This legal venue is located at 1001 Lakeshore Dr., Lake Charles, LA 70601.
In Louisiana, there are several strategies your legal team could potentially use in defending against a first-time DWI. Depending on the specifics of the arrest, some defense approaches may be more appropriate than others. Some defenses against a DWI include:
When you are in need of a capable and skilled Louisiana DWI attorney, look no further than Fitz-Gerald Herbert & Associates Law. Reach out to us today to schedule an initial meeting with a dedicated defense lawyer.
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