Louisiana ranks eighteenth in DUI arrests nationwide, highlighting the serious consequences of driving under the influence. Beyond legal penalties like jail time and fines, DUI incidents can lead to injuries or death. If facing DUI charges in Louisiana, it’s crucial to enlist a skilled lawyer.

Rozas, in Baton Rouge, offers experienced DUI attorneys who can protect your rights and negotiate deals to minimize the impact on your life. Contact our criminal defense attorney for a consultation to get your life back on track.

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What is a DUI or DWI?

A DUI, which stands for “driving under the influence,” and a DWI, meaning “driving while intoxicated,” are terms that are often used interchangeably to describe the same offense.

According to Louisiana’s DUI law (RS 14:98), it is illegal to operate any motor vehicle—be it a car, truck, boat, motorcycle, or any other type—while having a blood alcohol concentration (BAC) of more than 0.08%.

If you’re found to exceed this limit, you could be charged with a DWI. This law underscores the state’s commitment to road safety by penalizing those who drive under the influence of alcohol.

Can I Get a DUI For Driving High in Louisiana?

Driving under the influence in Louisiana isn’t limited to just alcohol; you can also get a DUI for driving while high on marijuana or other controlled substances. Drug-related DUI cases are often more complex because there’s no simple blood test, like with alcohol, to measure how intoxicated you are.

Instead, police officers look for signs of impairment, such as erratic driving, red or bloodshot eyes, slurred speech, and poor balance. Despite the complexity, the consequences of a marijuana DUI are severe and can include prison time, large fines, and the suspension of your driver’s license.

The Impact of Drugs and Alcohol on Driving Performance

Drugs and alcohol significantly impair driving abilities by affecting both physical and mental functions essential for safe driving. This impairment leads to an increased risk of car accidents, potentially causing severe injuries or fatalities.

DWI charges and convictions aim to discourage impaired driving and lower the number of intoxicated drivers, thereby preventing dangerous situations on the road.

Impacts on driving performance include:

  • Blurred vision
  • Compromised balance and coordination
  • Delayed reflexes
  • Impaired judgment and decision-making abilities
  • Overall sleepiness

Understanding DUI Penalties in Louisiana

Despite its vibrant nightlife, Louisiana strictly enforces DWI laws, with penalties becoming more severe for repeated offenses. The necessity of having a Baton Rouge DWI attorney becomes apparent as one navigates through the complexities of the legal system to achieve the best possible outcome.

From probation and jail time to fines and mandatory rehabilitation programs, the consequences of a DWI conviction can significantly impact one’s life.

Penalties for DWI in Louisiana include:

  • First Offense (Misdemeanor): Probation, 10 days to 6 months in jail, fines of $300 to $1,000, mandatory community service, and enrollment in substance abuse and driver improvement programs.
  • Second Offense (Misdemeanor): Increased fines ($750 to $1,000), 30 days to 6 months in jail, 240 hours of community service, potential ignition interlock device installation.
  • Third Offense (Felony): Fines of $2,000, one to five years of imprisonment, stricter probation and treatment requirements, possible vehicle seizure.
  • Fourth and Subsequent Offenses: Fines up to $5,000, 10 to 30 years in prison (with at least two years without suspension), extensive probation, community service, home incarceration for at least one year, and mandatory substance abuse evaluation and treatment.
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Exploring Potential Defenses in DUI Cases

Facing DWI charges can be daunting, especially considering the relentless efforts to combat drunk driving, even in states known for their festive atmosphere. Seeking assistance from a DWI lawyer is crucial in such circumstances.

Your lawyer may explore various defenses to challenge the charges, from scrutinizing the arrest procedure to disputing the accuracy of breathalyzer tests. With their experience they can navigate these defenses to potentially mitigate or dismiss your charges.

Potential defenses in DUI cases include:

  • Inadequate Officer Training: Challenging the validity of the evidence due to the officer’s lack of proper training in administering field sobriety or breathalyzer tests.
  • No Reasonable Suspicion to Stop: Arguing that the officer had no legitimate reason to initiate the traffic stop that led to the DUI charge.
  • You Were Not Driving: Contesting the charge on the basis that you were not operating the vehicle at the time of the arrest.
  • Breathalyzer Problems: Questioning the accuracy of the breathalyzer test results due to equipment malfunction, improper handling, or external factors like medical conditions or certain substances that could affect the reading.
  • The Rising BAC Defense: Arguing that your blood alcohol concentration was below the legal limit when you started driving but rose to above the legal limit by the time of the breathalyzer test, suggesting you were not impaired while driving.

Article 894 Plea

Those facing a DUI charge in Louisiana can potentially get their conviction dismissed and keep a clean record through an Article 894 plea, according to the state’s Code of Criminal Procedure. This option is mainly for first-time offenders with no prior DUIs or criminal history.

It involves a temporary suspension of the DUI conviction, followed by probation. After successfully completing probation, usually lasting two years, the person can request to have the conviction dismissed, similar to an acquittal.

However, it’s important to note that this opportunity for a clean slate is generally available just once every ten years, making it essential for those eligible to seek the guidance of a proficient DUI lawyer to navigate this process effectively.

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Meet David Rozas - Your Louisiana Criminal Defense Attorney

Meet David, your trusted criminal defense attorney in Louisiana, for dedicated legal support throughout your criminal case. With years of experience in criminal law, David provides personalized legal guidance tailored to your specific needs. Whether you’re facing misdemeanor, felony, or federal charges, David’s thorough knowledge of Louisiana criminal laws ensures your case is handled with care and professionalism. 

Schedule a consultation below or call us at 225-341-6945 today to begin your defense with a reliable Louisiana criminal defense lawyer by your side.



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