What is DUI or DWI?
DUI is short for “Driving under Influence” of any substance such as alcohol, drugs or even prescription medicines that impair a person’s ability to operate a motorized vehicle safely and reliably. Another term used is DWI or “Driving While Intoxicated.” If you have been charged with a DWI in New Orleans, Louisiana, you need to speak to a DWI lawyer as soon as possible.
Driving under the influence is a crime as it puts the safety of the driver, any fellow passengers and people on the road in grave danger. Across the country, the penalties for DUI are extremely harsh and can change the way you live, study or work for decades. If you have been in a DWI incident, you need to ask a DWI attorney about the penalties that are specific to New Orleans. But for all practical purposes, you should be aware that Louisiana is no different from any other state. While it loves its tourists and residents alike, there is no leniency for being caught driving under the influence regardless of whether you are a resident, a visitor or a tourist.
According to a Center for Disease and Control report, CDC, the National Highway Traffic Safety Administration estimates that about one-third of traffic-related deaths that happen on Louisiana roads are related to DWI. This indicates that DWI is a major area of concern for traffic safety authorities as it puts the general public at risk. Penalties are severe and can have a long-term impact on your life. Speak to a DWI lawyer for more information regarding a DWI charge and possible legal actions in New Orleans, Louisiana.
What is the DUI/DWI law in Louisiana?
Across the United States, the legal system contends that a blood alcohol level (BAC) of 0.08 % is the legal limit beyond which a person, aged 21 or above, is not allowed to operate any kind of vehicle. For people under 21, the legal limit is much less at 0.02%. Any higher amount of alcohol impairs judgment, slows reflexes and gives drivers a false sense of confidence and control. If caught with a BAC count higher than the specified limit can result in DWI charges against you. If you get into an accident and cause bodily injury or property damage, the charges can be much worse. If an accident that is the because of your drunk driving and that results in another person’s death, you are in major legal trouble. Speak to a DWI lawyer if you are facing any charges related to drunk driving.
What kinds of tests are available to determine the level of intoxication?
There are a number of ways used to measure a person’s level of intoxication from a simple walk test to a more comprehensive blood test.
Field Sobriety Test or Standardized Field Sobriety Test (SFST) is based on three tests that provide clues to a person’s ability to follow instructions, maintain balance and coordinate bodily movements. These include
- Horizontal Gaze Nystagmus Test (HGN) where the police officers use a suspect’s eyes to determine the level of toxicity.
- Walk and Turn Test (WAT) which requires the suspect to walk nine steps heel to toe while keeping their arms on the side and counting each step as they walk.
- One Leg Stand Test (OLS) is performed by asking a suspect to stand on any one leg for thirty seconds.
Breathalyzer Test (Breath Analyzer) measures the amount of alcohol in a person’s breath and indirectly gives an estimate of the blood alcohol concentration (BAC.) There is a smaller device which law enforcement officials use on the road and larger devices that are generally maintained at police stations. The breathalyzer test is not very accurate, and that is why it is not used to convict a person, but it gives enough evidence to warrant an arrest and conduct more accurate tests. Blood test for assessing blood alcohol concentrations are more accurate, and their results are admissible in court as evidence. In addition, officers’ testimonies, dashboard cameras, statements by offenders and witness statements are used to make a conviction. Offenders may be asked to provide urine samples. The point is that a DWI offense is not taken lightly. If you are caught, you will have to undergo significant testing and legal hassle. It is best to avoid getting into such a situation and never get behind the wheel of a vehicle if you have been drinking. However, if you are facing such a situation, you need to speak to a DWI lawyer as soon as you possibly can.
Penalties for Driving Under Influence (DUI) or Driving While Intoxicated (DWI)
The penalties for driving under the influence are harsh at the federal as well as state level and for a good reason. Besides penalties, a DUI conviction can tarnish your personal and driving records for decades. Penalties depend on the age of the driver, history of driving and criminal record and other circumstances surrounding the arrest.
Suspension of a sentence may be allowed based on certain conditions such as an agreement to take part in improvement programs for substance abuse and driver improvement. A full suspension of sentence may be possible if, in addition to the above, the offender participates in community service. However, all this is dependent on the circumstances of the DWI conviction. Speak to a DWI lawyer in this regard.
Penalties for DUI when the driver is over 21 years
If it is the first offense, the driver charged with the DWI can face up to 2 days to 6 months jail time as well as a fine of up to $1000. In addition, the driver will face a driving license suspension of 90 days.
If it’s a second offense, the driver charged with the DWI can face 1 to 6 months jail time and up to $1000 in fines. Their license will be suspended for one year.
If it’s a third offense, the driver charged with a DWI can face up to 45 days to 5 years jail time and monetary fines up to $2000. Their driver’s license can be suspended for two years, and they may also undergo the installation of an ignition interlock device (IIID). It is the driver who will be required to pay for the cost of the IIID.
If it’s the fourth offense, the driver charged with a DWI can face up to 75 days to 30 years in prison and monetary fines of up to $5000. Their driver’s license may be suspended for two years, and they would have to install the IIID device once they have their license back.
Penalties are thus severe and can be much worse if the DWI resulted in injuries to external parties. Speak to a drunk driving lawyer for more information regarding penalties for drivers over the age of 21.
Penalties for DUI when the driver is under age (under 21 years)
The legal blood alcohol concentration limit for drivers who are the under the age of 21 years is 0.02%.
If the driver is convicted for the first time, they can be fined $100-200 and are required to attend programs on substance abuse and driving improvement.
If an underage driver is convicted for the second time, they can be fined $150-500 and jailed for ten days to 3 months. This penalty can be lessened if the driver agrees to take steps such as participating in community service or improvement programs for substance abuse. It is important to speak to a DWI lawyer and get legal assistance. A DWI conviction can change the course of your life, and that can be disastrous for somebody who is not even 21 years old. You should always drive safe and avoid getting behind the wheel when drunk. You should never take such risks as they put your life and other people’s lives in danger. Ask DWI attorney for help if you are facing a DWI charge and if you are an underage driver.
Penalties for DUI when the driver has a child (12 years or less) in the car (Child Endangerment)
Driving under the influence when a person has a child aged 12 years or less in the car is even a bigger offense. This falls under the classification of child endangerment and can result in severe penalties. Every time a driver gets behind the wheel when they have been drinking, and if they have a child who is under the age of 12 in the car with them, they can be in major trouble. Penalties can range from:
- First-time conviction: 10 days jail time
- Second-time conviction: 30 days jail time
- Third-time conviction: 1-year jail time
- Fourth-time conviction: 10 year jail time
Never drive drunk with a child in your car. That is irresponsible and cruel, and nobody should ever have to be put in such a situation. The child is your responsibility, and you are expected to behave like an adult. If you don’t and if you are caught, your life will never be the same. Talk to a DWI lawyer in this regard.
Penalties for Refusing to take the BAC test
There are some drivers who refuse to take the BAC test. This can be a big mistake which can result in additional penalties which include:
Your first refusal to undergo a BAC test can result in a driving license suspension for one year.
Your second refusal to undergo a BAC test can result in a driving license suspension for two years.
Your third refusal to undergo a BAC test can result in more severe penalties including a monetary fine between $300 to $1000 and incarceration from 10 days to 6 months.
What to do if you are stopped on the road for suspected DUI/DWI
It sounds like a no-brainer to stay calm, but people do panic and make mistakes when pulled over. Keep in mind that sometimes there are other factors at play and you may be pulled over because of some other reason. However, on many occasions, drivers are pulled over for some other offense, and they are charged with a DWI if the law enforcement offer determines that you are drunk. Speak to a DWI attorney if you have been charged with a DWI in this manner.
Sometimes, the impaired driving is actually not because of high alcohol concentration. There may be other factors at play such an overdose of a prescribed medicine or fatigue or sleep deprivation. You need to stay calm and attentive and be able to retell what happened. Staying calm alone can help you avoid taking the blood alcohol concentration tests. The important thing is that you should have the capability and the convincing power to make the police officer understand that you are not drunk. This, however, won’t work if you are indeed drunk and can’t talk straight.
Be aware that regardless of whether or not you were driving under the influence, you have to cooperate with the law enforcement officials. Failing to do so can itself result in a penalty. However, as any drunk driving lawyer will tell you, you don’t have to give them your life story. Only provide as much information as necessary. Don’t be rude to the officer and don’t try to act smart or get physical with them. At the same time, do not volunteer information at the spur of the moment that can be used against you later on. Do not argue or be rude but don’t put your foot in the mouth either. Speak to a DUI lawyer so that they can help you with minimizing the penalties and the charges against you.
You have the right to refuse a field sobriety test after getting pulled over. These tests are not one hundred percent accurate, and a positive test that is usually video recorded by law enforcement officials can make the prosecutor’s case strong. A better alternative is to request a blood test or a breathalyzer test at the police station as they are more accurate.
Know that you are innocent until proven guilty. You have the right to remain silent. You should get legal assistance from a DWI lawyer as soon as possible to avoid getting lost in the maze of the criminal justice system.
What Not to Do when stopped for suspect DUI/DWI
There are some common mistakes that you can avoid to help yourself in a situation like this.
Please do not make any admissions of guilt. If you do so, you leave your DWI lawyer in a situation where they have nothing to defend. You are likely to face the full penalty under the law. This does not mean you cannot do the right thing. Even if you do plan on pleading guilty, speak to a DWI attorney before you do anything else.
If you are visiting Louisiana, do not assume that you have the right to ignore the charges and deal with them in your own state of residence. If you choose to ignore the charges, police can issue an arrest warrant for you. Your license suspension will be effective regardless of where you got it.
Be aware that an illegal blood alcohol concentration does not automatically lead to a conviction. Lab tests are not always accurate and can be challenged. Your DWI lawyer can help you in this regard.
You may be a smart and reasonable person but navigating the criminal justice system may not be your forte. Do not delay calling a DWI attorney in New Orleans, Louisiana for a more desirable outcome of your case.
How can a DWI Lawyer Help?
A drunk driving lawyer can help you avoid or lessen a penalty under DUI/DWI. While law enforcement officials are trained, they are only humans and can make mistakes. These mistakes can cost you fines, license suspension and your opportunities for education and employment if not dealt with appropriately. When charged, you have the option of pleading guilty in exchange for a lighter penalty or fighting the charges. You must know some common lines of defense
- You cannot be charged with a DUI if you were not driving but sitting in a parked car. You must be on the road and in the act of driving to be penalized.
- If you were pulled over without a just cause to suspect you, that is a violation of your constitutional rights. Any evidence collected in this manner cannot be used against you in the court of law.
- You can challenge the accuracy of the breathalyzer devices. Mouthwashes or some medications such as antacids can affect the results.
- Field sobriety tests are very technical, and police officers may not be able to conduct them with the rigor required.
- You cannot be held any longer than required in order to assess if you have violated the law. Police do not have the right to hold you for an unlimited amount of time.
Keep all these factors in mind. If you are facing a DWI charge, contact our experienced DWI lawyer. A DWI lawyer will make sure your rights are protected and that you get the chance to defend yourself in court.