First Offense OWI in Louisiana

In Louisiana, the official term for drunk or drugged driving is OWI (Operating While Intoxicated). Nonetheless, the public may use acronyms such as DUI, DWI, or OUI informally. A Louisiana OWI takes place when an individual operates a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher, or while under the influence of alcohol, illegal drugs, or certain medications that hamper driving ability.

In Louisiana, a first-time OWI offense may result in severe legal, financial, and personal consequences, including fines, jail time, license suspension, and a court-ordered installation of an ignition interlock device. These penalties indicate the state's strong commitment to public safety and deterring impaired driving.

What Qualifies as a First OWI in Louisiana?

In Louisiana, driving under the influence of alcohol or drugs, otherwise legally referred to as Operating While Intoxicated (OWI), is determined through blood alcohol concentration (BAC) limits and law enforcement assessments.

Louisiana Revised Statutes Title 14, Section 98 defines the threshold for legal impairment among different groups of drivers. The law stipulates a standard BAC limit of 0.08% for drivers aged 21 or older, which conforms with the national standard. In line with the state's zero tolerance towards underage drinking and driving, Louisiana applies a more stringent BAC limit of 0.02% for drivers under 21. Commercial drivers also face a strict BAC limit of 0.04% due to the increased responsibility of operating large vehicles.

Methods of Determining Louisiana OWI

Field Sobriety Test (FST)

Suppose law enforcement officers suspect a driver of intoxication from alcohol or drugs. In that case, they may start by conducting a Field Sobriety Test (FST). This process usually involves testing the driver's balance, reflexes, and other cognitive functions.

For instance, the officer may instruct the potential offender to stand on one leg, walk a straight line, then turn and walk back. Alternatively, they may use a pencil or flashlight to perform the horizontal gaze nystagmus test. While conducting the test, the officer may look for jerky eye movements, which may indicate intoxication.

The officer may arrest the driver if they reasonably suspect that the driver is impaired. Subsequently, more rigorous scientific testing may be conducted using blood, urine, or breath samples.

Breathalyzer Test

This test usually involves an arresting officer instructing an offending driver to breathe into a breathalyzer to determine the driver's blood alcohol content (BAC).

If the driver has alcohol in their blood, the breathalyzer may detect it in their breath. Driving a vehicle with a BAC of. 08% or higher in Louisiana is unlawful.

Urine Test

Suppose an officer still suspects a driver of intoxication by some type of drug or substance after recording a low BAC limit on the breath test. They may ask the driver to submit a urine test in that case. This may consist of additional screening for alcohol, drugs, and other chemicals.

Possible Penalties for a First Offense OWI in Louisiana

The table below outlines the possible penalties for a first-offense OWI in Louisiana:

Do You Lose Your License for a First OWI in Louisiana?

Yes, it is a possibility. A first-time Driving While Intoxicated (OWI) offence may cause an individual to lose their driver's license via two avenues. They may lose their driver's license through an administrative suspension by the Office of Motor Vehicles (OMI) or a court-ordered suspension after conviction.

Administrative Suspension

When someone fails a chemical test with a blood alcohol concentration of 0.08% or higher or fails to undergo the test, the Louisiana Office of Motor Vehicles suspends the person's driver's license for 30 days. Within 30 days of their arrest date, the offending driver must request an administrative hearing in writing or lose the right. Following the expiration of the 30 days, the Office of Motor Vehicles may suspend the offender's driver's license.

The duration of an administrative suspension varies for offenders who exceed the legal BAC limit and those who refuse to submit to tests. The duration for persons who agree to testing or have a BAC of 0.08% or higher is 90 days. In contrast, administrative suspension for individuals who decline testing is 180 days.

Criminal Suspension

The court typically imposes a license suspension on convicted first-time OWI offenders. However, specifics of the case, such as the offender's BAC level and the presence or absence of aggravating factors, may influence the duration of the suspension. Aggravating factors may include high blood alcohol concentration, refusal to submit to a chemical test, driving while intoxicated with a minor passenger, being responsible for an accident that results in injury or death, having prior OWI convictions, and more.

Hardship License

A first-time DWI offender may be eligible to apply for a hardship license after serving a mandatory suspension period (typically 30 days). A hardship license is a restricted license that permits the holder to operate a vehicle for essential purposes, such as commuting to work, attending school, or receiving medical treatment. To obtain a hardship license, an eligible offender must provide evidence of necessity, install an ignition interlock device (IID) on their vehicle, maintain SR-22 insurance, and pay all relevant fees.

What Is the Implied Consent Law in Louisiana and How Does It Affect First OWI Cases?

Under Maine's implied consent law, codified as Louisiana Revised Statutes § 32:661, any individual operating a motor vehicle within the state must submit to chemical testing, including breath, blood, or urine tests, if law enforcement has probable cause to suspect them of Operating While Intoxicated (OWI). The Louisiana Office of Motor Vehicles may immediately suspend the driver's license of any first OWI offender who fails to submit to testing for one year. Second and subsequent refusals of testing attract a driver's license suspension of two years. Please note that these administrative suspensions are independent of any penalties arising from a court OWI conviction.

Refusal to undergo tests may lead to license-related administrative and potential criminal consequences. For instance, prosecutors may submit Louisiana OWI refusals in court as evidence to argue that a driver was aware they were intoxicated and declined testing to avoid incriminating results. Judges may view such actions as aggravating factors, which may result in harsher penalties.

Implied Consent Law and Reinforcement of OWI Laws

The implied consent law establishes a framework for the objective demonstration of intoxication in court by stipulating that drivers who may be impaired undergo testing. In addition to chemical tests, convictions for driving while intoxicated may also be derived from the testimonies of law enforcement officers about drivers' conduct.

Is an Ignition Interlock Device Required for a First OWI Offense in Louisiana?

Yes. Under Louisiana law, the court may mandate the installation of an ignition interlock device (IID) for specific first-time OWI (Operating While Intoxicated) offenders, depending on factors such as blood alcohol concentration and application for a restricted driver's license.

First-time offenders with a blood alcohol concentration of 0.15% or more are liable to further penalties, including a two-year driver's license suspension. First-time OWI offenders who have had their driver's license suspended and wish to acquire a restricted driver's license are expected to install an IID on their vehicle for the duration of the restriction.

In Louisiana, a first-time OWI offender is responsible for the installation and maintenance fees.

Can a First OWI Be Dismissed or Reduced in Louisiana?

Several avenues exist for reducing or dismissing OWI charges for first-time offenders in Louisiana. However, these opportunities are contingent upon the specific circumstances of each case.

Plea Bargains

A Louisiana prosecutor may offer to reduce a defendant's driving while intoxicated charge to reckless driving (otherwise referred to as "wet reckless) if they (offender) meet specific conditions, such as not having any prior criminal record, recorded a low or borderline blood alcohol concentration (e.g., close to the 0.08% legal limit) during their arrest and no accident, injury, or property damage was connected to their OWI arrest. Procedural issues, like improper testing or questionable traffic stops, may also result in reduced or outright dismissal of charges.

Deferred Adjudication (Article 894)

Louisiana courts may defer the sentencing of a first-time offender under Louisiana Code of Criminal Procedure Article 894. Before the deferral, the defendant must plead guilty and comply with court-ordered conditions, including probation, substance abuse counseling, and community service. After completing this process, the court may set aside the conviction and dismiss the prosecution.

Pretrial Diversion Programs

Although Louisiana does not have an official statewide OWI diversion program, some local jurisdictions offer pretrial diversion programs for first-time, non-violent offenders, including those charged with driving while intoxicated. Eligible offenders usually must complete an alcohol education program, community service, and probation, after which the charges may be dismissed.

Long-Term Consequences of a First OWI

Beyond the short-term challenges of legal penalties, court and attorney fees, and lost productivity hours, a first-time OWI conviction typically has lasting consequences. The following section explains how an OWI conviction may affect different aspects of life in the long run.

Criminal Records

Individuals convicted of a driving while intoxicated offense may have such information on their record indefinitely. While states like Louisiana permit the expungement of first-time misdemeanor OWI offenses, eligible applicants may face lengthy waiting periods and incur high costs to complete the process. In the meantime, the records are visible to employers, landlords, and licensing boards.

Car Insurance Premiums

OWI offenders are often perceived as high-risk drivers by insurance companies. This ultimately results in sizable premium increases. Some insurance companies may refuse to offer policies to individuals with OWI records, leaving them with no option but to seek specialized high-risk insurance.

Employment Challenges

Most employers perform background checks on potential employees. Possession of OWI convictions raises questions about such persons' judgment and reliability. Furthermore, candidates with OWI convictions are often disqualified from seeking jobs that require clean driving records (e.g., trucking, delivery services, or law enforcement). Similarly, obtaining professional licenses in healthcare, law, and finance may be hindered, as such bodies often seriously frown upon criminal records.

Hindrance of Future Opportunities

Possessing a first OWI conviction may also have future implications for loan applications, housing approvals, and travel visas, particularly in countries with stringent entry requirements.

Do You Need an OWI Attorney in Louisiana?

Employing the services of an attorney is crucial when navigating complex OWI cases. Below are some of the ways an OWI attorney may assist offenders in their drunk driving cases:

Critical Case Review and Investigation

Experienced OWI attorneys thoroughly review breathalyzer or field sobriety test results, police reports, video footage, and witness statements. During this process, they may identify procedural errors made during the defendant's arrest that they may use to challenge the prosecution's case.

Negotiating for Lesser Charges

Even when the prosecutor has a strong case against offenders, experienced attorneys may negotiate plea deals, which may result in reduced fines or penalties.

Protecting Driving Privileges

Losing one's driving privilege through license suspension may significantly impact a person's day-to-day life. Having an attorney to plead their case during administrative hearings may help an offender avoid or limit a driver's license suspension.