If you have been arrested for third offense DWI in Louisiana, you may be wondering if you will go to jail. Third-offense DWI is a felony punishable by up to five years in prison. These DWI charges are taken very seriously. However, we may be able to avoid a conviction and/or keep you from going to jail. The prosecutor must prove you had a two prior DWI convictions, not just a prior DWI arrests. Also, he must be able to prove the officer acted reasonably and didn’t violate your constitutional rights. There are many issues we examine in helping you. We have represented many clients charged with DWI third-offense in Louisiana. Since it is a lot of information, contact me at 225-964-6720 to discuss your case.
DWI is a significant offense in Louisiana. The legislation in Louisiana has laid down serious penalties for a felony DWI offense in Louisiana.
After being arrested, your driver's license is seized, and you are issued a temporary permit that is good for 30 days. The evidence gathered against you are collated and passed on to the Louisiana Department of Motor Vehicles. Sometimes, the evidence is forwarded to the criminal department of the local prosecution agency in Louisiana. At this point, you have to be on a mission to salvage yourself by hiring the service of an experienced DUI attorney in Louisiana.
Following your arrest, you are eligible to only 30 days to make a request for a hearing to contend the suspension of your license. A competent DWI lawyer in Baton Rouge who has experience on how administrative hearings are managed and handled can help you win a better chance and help you to avoid the suspension of your driving privileges.
According to Louisiana DWI law, a 3rd DWI offender is punished by serving a minimum of one year in prison. Offenders are to be punished in the municipal jail or state prison for a duration between 1 and 5 years and 45 days mandatory jail term. A third offender's car may be confiscated and sold at an auction. They made be placed on probation after serving jail time. The judge could then order them to perform community service, attend meeting, take a defensive driving program, and made to pay a fine of $2,000 and other court costs.
An offender may also face administrative penalties if he refuses to submit to a chemical test. An ignition interlock is required on all the vehicle driven by the offender for what is referred to as an extended duration. Offender's license may be withdrawn for 2 years with an SR-22 form to be filled for 3 years, even after the license has been reinstated. A 3rd DWI sentence may be suspended if an offender completes the above-stated penalties. But, Louisiana child endangerment law says that the mandatory sentence can't be suspended if there is a 12-year-old child or younger in the vehicle when a DWI is committed.
As an offender, you have 30 days (from the day you were arrested) to request an administrative hearing. The evidence found against you by the arresting officer is reviewed by the hearing officer. After going back and forth on reviewing your case, the hearing officer makes a decision on whether the evidence presented against you is valid and can be held against you. If the arresting officer's evidence and testimony are not valid, your driver's license is reinstated.
The importance of a DWI attorney in your administrative hearing cannot be overemphasized. You need a DWI attorney in Louisiana to stand by your side and help you with presenting your own evidence and testimony during the hearing. The help of a DWI attorney can go a long way. You can use the advice and guidance of a DWI lawyer when you are faced with an administrative hearing.
If your suspension is taken up, you may qualify for a Louisiana hardship license if you are able to meet the eligibility requirements for one after 30 days of your initial suspension. A hardship license will require you to have an ignition interlock installed in any vehicle you drive. Meanwhile, the installation must be done at an approved ignition center, and you are to bear the installation cost. You are also expected to pay $50 - $300 as a license reinstatement fee. The fee varies depending on your charge and whether you submitted to a chemical test. You are required to file a proof of your financial responsibility - Louisiana SR22 insurance policy. Once you are able to fulfill all these, you will be issued a hardship license.
Through it all, you need the assistance of a DWI attorney in Baton Rouge or anywhere in Louisiana. Contact Carl Barkemeyer Attorney to help you with proper counseling and representation at your Louisiana administrative hearing and in criminal court.
H. Taylor - Baton Rouge, Louisiana