Baton Rouge City Court - Operating a Vehicle While Intoxicated (DWI)

Item: Carl Barkemeyer, Criminal Defense Attorney
Rating: 5
Author: Jennifer S.

Baton Rouge DWI Lawyer for City Court

Call 225-964-6720

The listed Operating a Vehicle While Intoxicated charge below is an offense prosecuted in Baton Rouge City Court. It is a misdemeanor offense. Felonies are prosecuted in District Court. Mr. Barkemeyer is skilled and experienced at handling misdemeanors is Baton Rouge City Court. Contact him at (225) 964-6720 if you or someone you know has a criminal charge in City Court.

The Baton Rouge City Court Law on DWI

For Louisiana State, the crime of operating or driving a vehicle while intoxicated means operating or handing a car, aircraft, vessel, watercraft and any other means of transportation when:

You are under the influence of alcohol and alcoholic beverages.
Your blood alcohol concentration is about 0.08 per cent or even more based on the grams of alcohol
You are under the influence of any controlled substances whether schedule I, II, III, IV and V.
You are under the influence of both alcoholic beverages and drugs which may be legally obtainable.
You are under the influence of legally obtainable drugs but the intoxication happened because of the overdose of the drugs.

If you are caught driving or operating a vehicle while intoxicated, you will be arrested and charged with DWI which is driving while intoxicated.

Once you are stopped, you need to show the officials your driver's license, vehicle registration documents and insurance proof. If these documents are missing, other charges may be included. This is why you are always advised to carry all your driving documents when operating a vehicle because you never can tell what will happen next.

Also, you will be required to take a blood test or a breath test to check for alcohol and drugs. If you refuse to take the tests, your driver's license may be suspended for 180 days. That will be very bad especially if your job demands you to drive around.

How Can You Stay Safe?

There are so many ways you can stay safe and avoid getting into trouble. Here are some of those ways:

You should never drink and drive.
If you must drink, make sure you are not the one driving. You can call on someone else to help you.
You could also call a cab to take you back to your home or whatever destination.
If you don't get anyone to drive you, you should spend the night wherever you are at that moment. It is much better than getting into DWI trouble.

DWI laws in Baton Rouge prohibit operating any kind of vehicle while intoxicated.

As proof that a person is guilty of the alleged offense, the following need to be proven:

That the person actually drove a vehicle. This means that the person controlled it while it was in motion
That the person was intoxicated in the sense that the person's ability to drive the vehicle safely was altered by the alcoholic beverage or drug or even a combination of both.

If a driver injures or kills someone as a result of driving while intoxicated (or having a BAC of .08% or above in their system in states that have separate punishment for this), the driver can be found guilty of a felony and could go to state prison for years. Prior convictions for misdemeanor under-the-influence or at-or-over-.08% will usually result in a longer prison sentence.

Arrested For DWI?

DWI is considered a misdemeanor in Baton Rouge, although it may differ from state to state. If there is a loss of human life due to your driving, then it may be a felony. If you have been arrested more than twice for the same DWI offense, then it may be a felony charge against you. In this case, it does not matter whether human life was endangered or not.

If you have been arrested for DWI, you need to talk to a criminal defense attorney to help you with your judicial proceedings at the Baton Rouge City Court. You need a lawyer to represent you in court as some people think they don't need legal help. Well, if you don't need a lawyer to represent you in court, you need to get one for consultation as this will be of great help. A lawyer's consultation will help you know what to do and the steps to take.

Penalty For DWI in Baton Rouge City Court

In Baton Rouge, if you are arrested for the first time and found guilty, your penalty will be a fine of not less than three hundred dollars and not more than one thousand dollars and a prison term of not less than ten days and not more than six months.

There are several things to be put into consideration when judging a DWI case such as the amount of alcohol concentration, if you were driving with a child and so on.

Carl Barkemeyer, Criminal Defense Attorney

If you or your loved one has been arrested and charged with DWI, then you should try as much as possible to reach out to us as we have years of experience in handling such cases.

We have helped so many people in Baton Rouge handle their cases at the City Court. We can help you get your charges reduced and try to bargain with the court on your behalf. Remember that legal help matters in your case. In this regard, reach out to us today!

Sec. 11:140. Operating a vehicle while intoxicated.

(a)

The crime of operating a vehicle while intoxicated is the operating of any motor vehicle, aircraft, watercraft, vessel, or other means of conveyance when:

(1)

The operator is under the influence of alcoholic beverages; or

(2)

The operator's blood alcohol concentration is 0.08 percent or more by weight based on grams of alcohol per one hundred (100) cubic centimeters of blood; or

(3)

The operator is under the influence of any controlled dangerous substance listed in schedule I, II, III, IV, V as set forth in R.S. 40:964; or

(4)

The operator is under the influence of a combination of alcohol and one or more drugs which are not controlled dangerous substances and which are legally obtainable with or without a prescription and the label on the container of the prescription drug or the manufacturer's package of the drug contains a warning against combining the medication with alcohol; or

(5)

The operator is under the influence of one or more drugs which are not controlled dangerous substances and which are legally obtainable with or without a prescription and the influence is caused by the operator knowingly consuming quantities of the drug or drugs which substantially exceed the dosage prescribed by the physician or the dosage recommended by the manufacturer of the drug.

(b)

(1)

On a first conviction, not withstanding any other provision to the contrary, the offender shall be fined not less than three hundred dollars ($300.00) nor more than one thousand dollars ($1,000.00), and shall be imprisoned for not less than ten (10) days nor more than six (6) months. Imposition or execution of sentence shall not be suspended unless:

The offender is placed on probation with a minimum condition that he serve two (2) days in jail and participate in a court-approved substance abuse program and participate in a court-approved driver improvement program; or

The offender is placed on probation with a minimum condition that he perform four (4), eight-hour days of court-approved community service activities, at least one-half of which shall consist of participation in a litter abatement or collection program, participate in a court-approved substance abuse program, and participate in a court-approved driver improvement program. An offender who participates in a litter abatement or collection program pursuant to this subparagraph, shall have no cause of action for damages against the entity conducting the program or supervising his participation therein, including a municipality, parish, sheriff, or other entity, nor against any official, employee, or agent of such entity, for any injury or loss in a direct result of lack of supervision or act omission of the supervisor, unless the injury or loss is a direct result of the lack of supervision or act or omission of the supervisor, unless the injury or loss was caused the intentional or grossly negligent act or omission of the entity or its official, employee, or agent.

(2)

If the offender had a blood alcohol concentration of 0.15 percent or more by weight based on grams of alcohol per one hundred (100) cubic centimeters of blood, at least forty-eight (48) hours of the sentence imposed pursuant to paragraph (b)(1) of this section shall be served without the benefit of parole, probation, or suspension of sentence. Imposition or execution of the remainder of the sentence shall not be suspended unless the offender complies with paragraph (b)(1)a. or b. of this section.

(c)

(1)

On a second conviction, notwithstanding any other provision of law to the contrary, regardless of whether the second conviction occurred before or after the first conviction, the offender shall be fined not less than seven hundred fifty dollars ($750.00), and not more than one thousand dollars ($1,000.00) and imprisoned for not less than thirty (30) days not more than six (6) months. At least forty-eight (48) hours of the sentence imposed shall be served without the benefit of parole or probation, or if the offender had a blood alcohol concentration of 0.15 or greater, at least four (4) days of the sentence imposed shall be served without the benefit of parole, probation, or suspension of sentence. Nothing herein shall prohibit a court from sentencing a defendant to home incarceration, if otherwise allowed under the provisions of Article 894.2 of the Code of Criminal Procedure. Imposition or execution of the remainder of the sentence shall not be suspended unless:

The offender is placed on probation with a minimum condition that he serve fifteen (15) days in jail and participate in a court-approved substance abuse program and participate in a court-approved driver improvement program; or

The offender is placed on probation with a minimum condition that he perform thirty (30), eight-hour days of court-approved community service activities, at least half of which shall consist of participation in a litter abatement or collection program, and participate in a court-approved substance abuse program and participate in a court-approved driver improvement program. An offender who participates in a litter abatement or collection program pursuant to this subparagraph, shall have no cause of action for damages against the entity conducting the program or supervising his participation therein, including a municipality, parish, sheriff, or other entity, nor against any official, employee, or agent of such entity, for any injury or loss in a direct result of lack of supervision or act omission of the supervisor, unless the injury or loss is a direct result of the lack of supervision or act or omission of the supervisor, unless the injury or loss was caused the intentional or grossly negligent act or omission of the entity or its official, employee, or agent.

(2)

If the offender had a blood alcohol concentration of 0.15 percent or more by weight based on grams of alcohol per one hundred (100) cubic centimeters of blood, at least ninety-six (96) hours of the sentence imposed pursuant to paragraph (c)(1) of this section shall be served without the benefit of parole, probation, or suspension of sentence. Imposition or execution of the remainder of the sentence shall not be suspended unless the offender complies with paragraph (c)(1)a. or b. of this section.

(d)

Reserved.

(e)

Any offense under this section committed more than ten (10) years prior to the commission of the crime for which the defendant is being tried shall not be considered in the assessment of penalties hereunder.

(f)

Court-approved substance abuse programs provided for herein shall include a screening procedure to determine the portions of the program which may be applicable and appropriate for individual offenders.

(g)

This subsection shall be cited as the "Child Endangerment Law." When the prosecutor proves in addition to the elements of the crime as set forth in subsection (a) of this section that a minor child twelve (12) years of age or younger was a passenger in the motor vehicle, aircraft, watercraft, vessel, or their means of motorized conveyance at the time of the commission of the offense, of the sentence imposed by the court, the execution of the minimum mandatory sentence provided by subsection (b) or (c) of this section, as appropriate, shall not be suspended.

(h)

For the purposes of determining whether a defendant has a prior conviction for violation of this section, a conviction under either La. R.S. 14:32.1, Vehicular homicide, or section 13:39.1 (of this code), Vehicular negligent injuring, or a conviction under the laws of the any state or an ordinance of any municipality, town, or similar political subdivision or another state, which prohibits the operation of any motor vehicle, aircraft, watercraft, vessel, or other means of conveyance while intoxicated, while impaired, or while under the influence of alcohol, drugs, or any controlled dangerous substance shall constitute a prior conviction. This determination shall be made by the court as a matter of law.

(City Code 1951, Title 11, § 140; City Ord. No. 4748, § 1, 8-25-82; Ord. No. 7419, § 1, 11-25-84; Ord. No. 8117, § 1, 3-12-86; Ord. No. 8763, § 1, 10-12-88; Ord. No. 9737, §§ 1, 2, 10-27-93; Ord. No. 10065, §§ 1, 2, 10-26-94; Ord. No. 10748, § 1, 10-23-96; Ord. No. 11680, § 1, 3-8-00; Ord. No. 12353, § 1, 6-26-02; Ord. No. 12774, § 1, 10-22-03)

State law reference— Similar provisions, R.S. 14:98.