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Felony DWI Louisiana

Driving fatalities have been declining, but alcohol related crushes still kill more than 9,000 people every year in the United States according to the CDC. This is why most DWI felony convictions come with an incredible amount of probation conditions combined with a long prison time.  An offender gets a felony charge if they have at least two prior DWI convictions. A first or second DWI charge is a misdemeanor but a third or subsequent charge becomes a felony.

Third offense DWI Louisiana

A conviction for a third DWI offense means that the offender shall be imprisoned with or without hard labor for not less than one year but not more than 5 years. The offender will have to serve one year in prison without benefit of parole, probation, or even suspension of sentence. The court shall also issue a fine of $2,000 and the offender’s driver’s license will be suspended for 2 years. The state is also allowed to seize your vehicle and sell it.

The court may decide to suspend all or any part of the remainder of the sentence of imprisonment.  The offender will be placed on supervised probation for a period of time equal to the remainder of the sentence of imprisonment, if any portion of the imprisonment is suspended.  The amount of time you will serve in probation is equal to the remainder of the sentence of imprisonment. The probation starts on the day after you have been released from prison.

Fourth Offense DUI

For a fourth and subsequent offense, you will be sentenced to at least 10 years and not more than 30 years in prison with or without hard labor.  Out of this, you have to serve two years of the sentence of imprisonment without the benefit of probation, parole, or suspension of sentences. The court will also issue a fine of $5000. Just like in the third offense, the court is free to decide to suspend all or any part of the remainder of the sentence of imprisonment.

You will be placed on supervised probation if any portion of the sentence is suspended. The probation period starts a day after you are released from custody and does not last for more than 5 years.

See also…

Drivers under the age of 21

Anyone under the age of 21 with a BAC of.08 or greater can be penalized as an adult.  Licenses are suspended for 180 days for underage first time offenders found with a BAC of .08 or over.  If the underage offender has a BAC of .02 but not more than .08, the offender will be charged under Louisiana underage DUI law. The statute states that such an offender should pay a fine of $100 to $250 and participate in a court-approved substance abuse program.

Implied Consent Policy

The implied consent policy states that any person operating a vehicle has given up their rights to refuse a sobriety test. Anyone that refuses to submit to a sobriety test risk having their license suspended and may still be convicted.