Second Offense DUI/DWI in Louisiana

"Driving while impaired" and "operating while impaired" are legal terms frequently used interchangeably in Louisiana to describe operating a vehicle while intoxicated per §98.2 of the Louisiana legislature. DUI stands for driving under the influence, whereas DWI refers to driving while intoxicated. They imply slightly different things in different states. They are, nevertheless, regarded as the same offense in Louisiana. If someone is found guilty of driving while intoxicated within ten years of a previous offense, it is considered a second offense DWI in Louisiana. A second offense carries harsher penalties than a first offense. This is to avoid repeated offenses and advance public safety. These penalties may include community service, probation, mandatory jail time, and license suspension.

Is a 2nd DUI a Felony in Louisiana?

Generally, no. Police will typically pursue a DWI as a misdemeanor if they discover the defendant was driving while intoxicated. However, some circumstances can elevate a DWI to a felony, such as if the incident resulted in an injury or death. DUI felonies typically carry harsher penalties and repercussions.

What is the Lookback Period for a Second DUI in Louisiana?

Louisiana law stipulates a 10-year "lookback" or "washout", meaning that a DWI conviction obtained more than 10 years ago will probably not be considered a prior offense for sentencing purposes. Offenders may redeem themselves during this "cleansing period" and escape the consequences of several DWI offenses. However, if a person is convicted of DWI before the 10-year period has passed, they will likely face harsher sentencing, larger fines, or longer jail time.

What are the Aggravating Factors in a Second DUI?

A person receives an aggravated DWI in Louisiana when they commit another crime while being charged with a DWI. Aggravating elements lead to criminal charges, heavier fines, and lengthier license revocation. Some of these aggravating factors include, but are not limited to:

• Driving while under the influence with a minor in the car or putting a child in danger;
• Having multiple DWIs in a short period.
• Having a very high blood alcohol content (BAC) of 0.15% or higher;
• Causing a serious accident that results in injury or death; operating a commercial vehicle;
• Not being of legal drinking age.

What Happens If You Get a 2nd DUI/DWI in Louisiana?

Generally, any person who gets a DUI/DWI in Louisiana will face the following penalties:

• A $750–$1000 fine.
• 30 days to 6 months in jail.
• Depending on the aggravating circumstances, the offender's driving license suspension may last one to four years per §414 of the Louisiana legislature.
• The offender may be required to complete a range of community service tasks.
• Probation, which entails drug abuse education and a 15-day jail sentence.

How Long Does a Second DUI Stay On Your Record in Louisiana?

In Louisiana, a second DUI remains on a person's criminal record forever. There is no Automatic expungement statute to remove a second DUI from a person's criminal history. Unlike a first-time offender, persons with a second DUI do not have the option of applying for expungement. There may be serious collateral effects on a person's life following a DWI accusation and conviction. This DWI appears during background checks and may restrict individuals from accessing housing, work, or educational opportunities.

How Much Does a Second DUI Cost in Louisiana?

The cost of a second DUI in Louisiana ranges from direct financial penalties to associated costs that the perpetrator must cover. Direct fines range from $800 to $2000. Other costs include lawyers' fees, court filing, administrative fees, and IID fees, totaling upwards of $5000.

Chances of Going to Jail for a Second DUI in Louisiana

An offender is likely to go to jail for a second DUI, depending on the nature of the offense and possible aggravating factors. The minimum punishment a judge may impose on an offender who enters a guilty plea or is found guilty of a second DUI offense is 120 days in jail, and the maximum penalty is two years. The judge will likely seek a jail term if the individual had a very high alcohol limit or put people's lives in danger during the DUI offense. They will not necessarily be found guilty just because they were detained or accused. A court may impose a fine or house arrest rather than a jail term for various reasons.

Driver's License Suspension for a Second DUI in Louisiana

If a person is found guilty of a second DUI crime within 10 years of their first conviction, they are subject to a one-year suspension and other limitations or costs levied by the court system. However, this suspension term may be extended or shortened depending on aggravating or mitigating circumstances. For example, individuals who flee arrest in a vehicle while intoxicated can have their license suspended for up to five years.

However, individuals are eligible for a hardship license a few months into suspension if they fulfill the requirements of their suspension and have not been charged with any driving-related offense. A hardship driver's license is given to a person whose driving privileges are suspended. People with this license can drive when their license is suspended to support themselves, their families, or those needing medical attention. To obtain a hardship license, eligible persons must go through a "reinstatement program".

Ignition Interlock Device Requirement

A Louisiana court may allow a person placed on probation for a second OWI, DWI, or DUI conviction to operate a motor vehicle throughout their probationary period, provided that the car has a functional ignition interlock device (IID), according to Louisiana Revised Statutes § 32:378.2.A.An ignition interlock device keeps a vehicle from starting until the operator's blood or breath alcohol level is tested and found to be below the court-mandated threshold. If an alleged offender has a blood alcohol content (BAC) of 0.20 percent or higher for a second offense, they may be suspended for four years and must have a working ignition interlock device installed on their car for the first three of those years.

The person who committed the offense is responsible for installing ignition interlock devices and paying for maintenance. The average installation fee is $65, and the monthly lease fee is $ 55. The daily maintenance fee also costs $3.

DUI School and Substance Abuse Treatment

According to Louisiana Law §5304, a person convicted of a second DUI must complete an Alcohol education and training program as part of their sentence before their driver's license can be restored. The 24-36-hour DUI program for a second offense must be attended in person twice a day for two hours each day.

Probation Conditions

Naturally, the probation conditions for a second DUI are very strict and designed to ensure that the offender returns to being a law-abiding citizen. The probation conditions aim to prevent repeat offenses by monitoring and rehabilitating the offender. Some of the probation conditions for a second DUI conviction include the following:

• Random alcohol testing.
• Assessment and installation of an IID device.
• 32 hours of community service.
• A MADD (Mothers Against Drunk Driving) Victims Impact course.
• A Substance Abuse Evaluation and Treatment Recommendations.
• Involvement in a DWI Driver Improvement course.

Community Service Requirements

Louisiana courts always mandate community service as part of the probation requirements or as a part of a jail sentence for a second DUI. These services include:

• Roadside Beautification (Trash Pickup).
• Working at a nearby animal shelter.
• Giving speeches to specific groups. For example, anti-alcohol discourse in schools.
• Working in old people's homes.

The offender's prior record, the circumstances of their arrests, and whether they accept plea deals or alternative sentencing choices all influence the number of hours of community service they must perform.

Impact on Auto Insurance

A second DUI will raise the offender's insurance premiums. Some insurance companies may even terminate the policy. The offender must maintain minimum-value insurance with an insurance provider because insurance is compulsory to reinstate a driver's license. To keep their policy, offenders must file an SR-22, providing minimum liability coverage. As part of this filing, offenders will be classed as high-risk individuals as part of the company policy.

Which Courts Handle DUI Cases in Louisiana?

Louisiana has specialized courts known as Sobriety/DWI Courts, which are found within the parish and city courts that handle DUI cases. However, the DWI court mainly handles DUI misdemeanors. The Louisiana Criminal District Court hears matters involving DUI and felony DWI. Serious criminal offenses and DWI cases involving manslaughter, fatalities, or criminal acts are all handled by the district court. The following is the contact information for five key courts in central Louisiana cities that handle DWI cases:

City of Baton Rouge Sobriety Court
Sobriety Court
Physical Address View Map
233 Saint Louis Street, Room 310
Baton Rouge, LA 70802
Phone: (225) 389-8870
Website: CBR sobriety court

City Court of Lafayette
City Court Of Lafayette
105 East Convent Street
Lafayette, LA 70501
website: lafayette court

Shreveport City Court
City Courts
Physical Address
1244 Texas Ave.
Shreveport, LA 71101
Phone: (318) 673-5830
Website: Shreveport City Court, LA

Calcasieu Parish District Court
Physical Address:
1001 Lakeshore Drive
Lake Charles, LA 70601
Phone: (337) 721-3100
Website: Calcasieu District Court

Natchitoches City Court
City Court Office
314 Amulet Street
Natchitoches, LA 71457
Phone: (318) 352-6767
website: Natchitoches city court

In Louisiana, the DMV plays a significant part in the early phases of a drunk driving charge. The DMV will notify the person who was arrested and charged with driving under the influence that their driving privileges may be revoked. The DMV also performs the following roles:

• Driver's license suspension and issuance
• Administrative proceedings concerning the suspension and revocation of licenses
• Conducting drunk driving tests
• Program for Impaired Drivers (IDP)
• Monitoring the administration of the ignition interlock device (IID)

The following address is where interested parties can get information concerning license hearings and appeals from the Louisiana State Office of Motor Vehicles:

Division of Administrative Law(statewide)
Address:
1020 Florida Street
Baton Rouge, LA
70802
Phone: (225) 342-1800

Can You Get a DUI on a Horse in Louisiana?

No. Louisiana residents may not get a DUI for riding a horse in Louisiana because there are no specific laws that cover DUI while riding a horse. However, when Louisiana law enforcement suspects someone of riding a horse while intoxicated, they can test their blood alcohol content using a breathalyzer. If their blood alcohol content is higher than the permitted level, they may face charges of disorderly conduct, public intoxication, endangering the lives of others, and animal cruelty