DWI, Driving while intoxicated is a serious criminal offense in Metairie, Louisiana. It is illegal for you to take the wheel of a vehicle or operate a vessel or watercraft while intoxicated. If you are caught behind the wheel of a vehicle while drunk in Metairie, Louisiana, you could face severe punishment. Driving while intoxicated can cause harm to you and people in the environment. This has to be one of the leading causes of motor accidents, property damage and hit and run in Metairie. DWI is a criminal offense and is severely punished in this part of Louisiana.
Laws Guiding DWI in Metairie, Louisiana
- The state law governing Metairie, Louisiana and its cities defined DWI as driving while intoxicated or under the influence of alcohol or controlled dangerous drugs. Therefore, whoever is caught driving a vehicle in these cities while drunk is arrested and charged for DWI.
- When a person’s BAC – blood alcohol content is greater .08 or greater, they are charged and punished for DWI. A driver whose BAC is well over .15 or on the high level of .20 faces harsher penalties.
- A person under the influence of a combination of alcohol or dangerous drugs, whether obtained with or without prescription is charged and punished for DWI.
- The penalties of DWI becomes steeper or harsher as the offender goes from a first offense to a second, to a third, and more subsequent offenses. A subsequent offender may be charged for a felony DWI. You can’t keep risking lives and properties and be left unchecked. The DWI law ensures that people are in their right minds and unaltered senses before getting behind the wheels.
What Penalties Do I Stand To Suffer For A DWI Offense?
There is a lot of penalties to be issued out to anyone charged with DWI in Metairie, Louisiana. They include jail time, fines, community service, probation, license suspension, and a lot more depending on the number of subsequent DWI on your record within the last 10 years.
- For a First DWI Offense (Misdemeanor)
A first DWI in Metairie, Kenner, or Metairie is considered a misdemeanor. The offender shall be imprisoned for not less than 10 days nor more than 6 months, pay a fine of not less than $300 nor more than $1,000.
Also, they shall serve up to 2 years probation, perform at least 32 hours of community service, half of which they must pick up garbage on the street. They are also directed to attend an abuse program and a driver improvement program approved by the court.
- Special penalty requirement for a first offense
(a) If the BAC is well over. 15, an additional 48 hours jail term that cannot be suspended is imposed by the court.
(b) if the BAC is well over .20, the offender shall serve a mandatory 48 hours jail time, pay a fine of $750 to $1,000, and have an ignition interlock device installed for 12 months.
- For a Second DWI Offense (misdemeanor)
The offender shall serve a jail term of 30 days to 6 months, pay a fine of $750 to $1,000. Also, they shall serve up to 6 months probation, perform 240 hours of community service, and attend court-approved re-education programs- substance abuse program and driver improvement program.
- Special penalty requirement for a second offense
If the driver’s BAC is well over .15, they shall serve a mandatory 96 hours jail time. If over .20, they shall serve a mandatory 96 hours jail time, pay a fine of $1,000, and have their driver’s license suspended for 4 years. They must install an ignition interlock device for at least 3 years.
If a second DWI is combined with negligent injury charge, the prison term increases to 2 to 5 years and a fine of up to $2,000, for which 6 months must be served without benefit of parole or suspension.
- For a Third DWI offense (Felony)
- A third DWI is charged and punished as a felony in Metairie, Louisiana. A third offender is sentenced to 1 to 5 years imprisonment, with 1 year to be served without suspension. Pay a fine of $2,000.
- Serve up to 5 years probation for which 1 year must be served in jail, along with re-education and community service. They must also perform 240 hours of community service. They must undergo Substance Abuse Evaluation and 4 weeks of inpatient treatment and 12 months of outpatient treatment.
- Home incarceration for up to 6 months and they are required to wear a tracking device and obey curfew restrictions. An ignition interlock device must be installed on all vehicles driven by the offender. Offender forfeits the car and the prosecutor may choose to seize or sell it.
Will I be published in the newspaper For A DWI?
Yes, you could legally be published for a DWI. This is one of the few things you get to suffer from driving while drunk. The media gets booking information and post in the news, so you could be published for a DWI since the arrest is public information.
Can I Talk My Way Out of A DWI?
Unfortunately, no. A DWI is not a simple offense you can talk your way out of. It is a criminal offense for which you need to hire a Metairie DWI attorney. What you should do at the point of arrest is to remain silent so as not to incur more trouble on yourself.
You don’t have to tell the officer how much you had to drink, it won’t help. The law enforcement will permit you to call someone to bond you out of jail. At this point, your DWI lawyer is who you should call.
Are You Facing A DWI in Metairie?
If you or someone you know is facing a DWI, you need to talk to a Metairie DUI lawyer about your case. Talk to the Metairie DWI lawyers at the Barkemeyer Law Firm for legal help and representation for your DWI in Metairie, Louisiana. Protect yourself by calling in today!