If you’ve been arrested for your first DWI in Louisiana, you’re probably wondering, What happens after a first DWI in Louisiana? It’s a stressful situation, and you’re likely worried about losing your job, paying hefty fines, or facing jail time. At Phillips Law, we understand these concerns and are here to guide you through the process, helping you know what to expect at each step.
The Immediate Consequences of a First DWI Arrest in Louisiana
Facing a first offense DWI in New Orleans brings serious consequences. Louisiana law imposes strict penalties for DWI charges, which may include fines ranging from $300 to $1,000, 32 hours of community service, 48 hours in jail (or more, depending on the case), and the suspension of your driver’s license. Additionally, you may be required to attend substance abuse programs or driving courses. This can also lead to a criminal record, which may impact your ability to find employment, secure housing, or obtain certain professional licenses.
For more information about Louisiana’s DWI laws and penalties, you can refer to the Louisiana State Legislature’s website, which provides the full legal text on operating a motor vehicle while intoxicated.
Consider the example of Ryan, a 28-year-old sales manager who was arrested for driving while intoxicated after attending a wedding in New Orleans. He feared losing his job since he needed his license to get to work, and he was worried about the fines and penalties ruining his future. Ryan contacted us a week after his DWI arrest, and we immediately filed for a hardship license to allow him to continue driving during the legal process. In court, we negotiated a reduced jail sentence to community service and managed to have the fines suspended. Today, Ryan remains employed with no lasting consequences from the arrest.
First Offense DWI Penalties in New Orleans
So, what happens after your first DWI in Louisiana? What can you expect when dealing with a first offense DWI in New Orleans? While every case is unique, Louisiana law typically includes the following penalties:
- Fines: Between $300 and $1,000, depending on the specifics of your case.
- Jail Time: Sentences can range from 48 hours in jail to days to 6 months, but with a solid defense, alternatives like probation or community service are often possible.
- License Suspension: A first-time DWI can result in a license suspension for up to 12 months. However, you may qualify for a hardship license to maintain limited driving privileges.
- Substance Abuse Programs: You may also need to complete substance abuse programs or driver improvement courses.
For more information about the Louisiana Department of Public Safety & Corrections, you can find details about driving laws and license reinstatement after a DWI.
Watch our video “5 Steps After a DWI Arrest”.
Debunking Myths About First Offense DWI Charges
Many misconceptions surround DWI charges, which can leave you feeling confused about what to expect and how to handle the situation. Let’s clear up some common myths:
Myth: Refusing a Breathalyzer Means I Can’t Be Convicted
Reality: Refusing a breathalyzer doesn’t prevent conviction. Louisiana has an implied consent law, meaning refusing the test can result in an automatic license suspension. Additionally, officers can still use other evidence, such as the results of a field sobriety test or their observations, to charge you with a DWI.
Myth: I Don’t Need a Lawyer for a First DWI
Reality: Many believe that a first DWI offense isn’t serious enough to need legal representation. However, the consequences can have long-lasting effects on your driving privileges, criminal record, and even job prospects. Hiring an experienced DWI lawyer can significantly improve your chances of reducing penalties or avoiding a conviction altogether.
Myth: I Can Just Pay the Fine and Move On
Reality: While paying a fine might seem like the easiest option, doing so can be a costly mistake. Paying the fine means pleading guilty to the charge, which will result in a conviction on your criminal record. This can have long-term impacts on your job, insurance rates, and ability to drive. It’s essential to consult with an attorney before making any decisions.
Myth: A First DWI Offense Will Be Automatically Expunged
Reality: In Louisiana, a first DWI conviction doesn’t automatically disappear from your record. While you may be eligible for an expungement, it’s not guaranteed, and certain conditions must be met. An experienced defense attorney can help you navigate this process if expungement is possible.
Myth: I Can’t Fight a DWI Charge If My Blood Alcohol Content (BAC) Was Over the Legal Limit
Reality: Even if your blood alcohol content (BAC) was over the legal limit, you can still fight the charges. There are several defense strategies that can be employed, such as challenging the accuracy of the test or how it was administered. It’s always worth having a lawyer review your case to explore possible defenses.
Actionable Steps to Take After a DWI Arrest in Louisiana-What happens after a first DWI in Louisiana
If you’ve just been arrested for driving while intoxicated, the time immediately following the arrest is crucial for building your defense. Here are detailed steps you can take to protect your rights:
- Document Everything: As soon as possible, write down everything you remember about the night of your arrest. This includes where you were, what you drank, how much time passed between drinks, and how the police officer conducted the stop. Details like whether they followed proper procedure or if there were any witnesses can help your lawyer build a defense.
- Request a DMV Hearing: In Louisiana, you only have 30 days after your arrest to request a DMV hearing to challenge the suspension of your driver’s license. Failing to request this hearing will likely result in an automatic license suspension. Your attorney can assist you in making this request and prepare you for the hearing.
- Stay Off Social Media: Do not post about your arrest on social media. It may be tempting to vent about your experience, but anything you say could potentially be used against you in court. Likewise, avoid discussing your case with friends or family, as their testimony could be requested later.
- Comply With Court Orders: If you’ve been released on bond, make sure you follow all the conditions set by the court. This could include not drinking alcohol, attending mandatory meetings, or staying within a certain geographic area. Violating these conditions could result in further legal complications.
- Follow Up With Witnesses: If there were any witnesses present during your arrest—whether they were with you or simply bystanders—reach out to them as soon as possible. Their testimony could be critical in supporting your version of events.
- Seek Legal Representation: One of the most important steps you can take is to hire an experienced defense attorney. An attorney can evaluate the specifics of your case, challenge the evidence against you, and represent you in both court and DMV hearings. They can also help you explore alternative sentencing options, such as substance abuse programs or community service, which could lessen the impact of the charge.
For more answers to your questions, visit our FAQ: DWI page.
Client Success Stories: How we helped when they asked “What happens after a first DWI in Louisiana”
Another client, Melissa, faced her first DUI charge after a night out with friends. She was afraid of losing her job and worried about providing for her two children. We worked with her to avoid a jail sentence by negotiating for community service and a substance abuse program. Her DWI charge was reduced, and her criminal record stayed clean.
At Phillips Law, we’ve helped many clients like Ryan and Melissa successfully navigate the legal system. To hear more stories about how we’ve helped others, visit our reviews page.
Call to Action
Facing a DWI first offense in Louisiana can be overwhelming, but you don’t have to face it alone. At Phillips Law, we’re committed to helping you understand your options and fight for the best possible outcome. Whether you’re concerned about your job, your driving privileges, or your future, we have the experience to guide you through the process.
Call us today at 504-434-7000 for a free consultation with one of our experienced DWI attorneys. We’ll walk you through what happens after a first DWI in Louisiana.
