The Basics
It can happen to nearly anyone:
It’s Saturday night. You’ve had a few drinks. You’re headed home and see the flashing lights of a patrol car.
This is often the beginning of a very bad night…or days in jail.
There are several things that can happen along the way to a DWI, including a field test at the initial stop, the arrest, the breath or blood test, and the court proceedings.
It’s important to know that if you’re up against a DWI charge, you should never handle it on your own. There are just too many variables along the way.
In this first entry in our series called DWI Stops and Arrests, we’ll talk about the basics including the penalties you can expect from different DWI arrests.
Louisiana has a DWI cutoff of .08 grams of alcohol per blood or breath sample (BAC). This means that after typically three or more drinks, most people are driving above the limit.
Following the initial stop, the police officer will generally ask that you submit to several physical tests and answer a series of questions, including where you were coming from and how much you had to drink. Depending on the answers, he will likely take you to the police station and ask you to blow into a Breathalyzer machine.
If your BAC is above 0>15, there is a mandatory jail time — even for a first offense! Here’s how it can break down (all DWI’s may include the loss of your driver’s license):
· 1st DWI—32 hrs. community service, driver improvement program, substance abuse counseling, mandatory jail time (depending on BAC) and up to six months in jail
· 2nd DWI—240 hours community service, driver improvement program, substance abuse counseling, mandatory jail time, and up to six months in jail.
· 3rd DWI—one to five years in jail (FELONY)
· 4th DWI—10 to 30 years in jail (FELONY)
If we can be of help to you concerning a DWI or another legal matter, please give us a call at (225) 293-6200, toll free at (800) 404-1921 or visit us at https://gouner.com.
