Second and Subsequent DUI Convictions in New Orleans
Posted on Apr 4, 2016 in DUI/DWI
Being convicted of driving under the influence (DUI) in Louisiana is a very unpleasant experience, and for most people, one conviction is enough to ensure it never happens again. However, we all make mistakes and occasionally, there are situations where there is a second, third or even fourth DUI arrest. Driving while intoxicated in Louisiana is a very serious offense, and the penalties escalate sharply with each arrest. The experienced New Orleans DUI lawyers at Bloom Legal can help you fight for your rights – even if you have several prior offenses.
Penalties for a Second Driving While Intoxicated Conviction
If you are convicted for a second time of driving while intoxicated (DWI), you will be fined between $750 and $1,000, serve a minimum of 48 hours in jail and complete 30 days of community service. You must also complete approximately 30 hours of education, including mandatory attendance and completion of courses about driver improvement, substance abuse and a MADD victims’ impact program. Your driver’s license will also be suspended for one year, with no hardship license granted.
If your blood alcohol content (BAC) was over .15 at the time of arrest, you will face 96 hours of jail time. If your BAC is over .20 at the time of arrest, you will still face 96 hours in jail, but the associated fine will increase to $1,000. Your driver’s license will also be suspended for four years and you will be required to have an ignition interlock device on your vehicle for the next three years.
Penalties for a Third Offense DWI
A third DWI is a felony charge, which means that if you are convicted, you will pay a fine of $2,000 and serve a one- to five-year sentence that might include hard labor. At least one year of the sentence must be served. 30 days of community service will also be required and you will be obligated to undergo an evaluation to determine the seriousness of your alcohol or substance addiction. You will also face four weeks of inpatient treatment and 12 months of out-patient treatment.
Even if any portion of your sentence is suspended, you will remain on probation and an additional six months of any suspended sentence must be served under house arrest. Your car may even be seized and sold by the prosecutor to pay court costs. You will lose your license for one year, without the possibility of a hardship license (the term is for four years if your BAC is above .20).
Fourth or Subsequent Offense
A fourth or subsequent DUI is also a felony conviction and you will have to pay a $5000 fine, serve a prison term ranging from 10 to 30 years, two of which must be served without the opportunity for parole or suspension. You will also have to complete 40 days of community service, be confined to house arrest for at least a year and subjected to electronic monitoring, inpatient treatment and seizure of your vehicle.
If you are facing a second or subsequent DWI charge, call an experienced DWI defense attorney today. Our goal is to do everything possible to help you keep your driver’s license, your job, and your freedom. Call Bloom Legal today for a consultation with an experienced DUI attorney at 504-599-9997 or fill out our online form.