It is not legal for someone to drive a motor vehicle while intoxicated or under the influence of some certain drugs. According to the DWI laws of Louisiana, it is illegal to drive a motor vehicle with a blood alcohol concentration of .08 percent. Driving while intoxicated abbreviated as DWI is defined as being in charge of a motor vehicle while under the influence of either alcohol or controlled by a certain amount of harmful drug substance or when the person's blood alcohol content percent is .08 or greater. It could also be when someone is controlled or influenced by a combination of alcohol and an uncontrolled dangerous substance.
If you are told to pull over by a police officer who suspects or believes that you may be intoxicated or under the influence of either alcohol or drugs then you may be arrested. Your driver's license is then taken away by the officer upon being arrested then you are issued a temporary driver permit that is valuable for a duration of one month or 30 days. Then your driver's license that has been confiscated and including the evidence of DWI collected by the officer is usually sent straight to the Louisiana Department of motor vehicles, or it could be taken to some crime evidence department of the local law enforcement agency. After the arrest, you only have a limited duration of at least a month or 30 days to request an administrative hearing with the Louisiana DMV to vie for the deferral of your driver's license. A DWI Baton Rouge attorney like carl Barkemeyer have skilled experience with dealing with cases like these because they know how the administrative hearings work, and they also know how to contest for giving you a better chance to avoid the postponement of your driving rights.
If the person is under the influence of one or more harmful drug substance which is not controlled or drugs that can be collected with a prescription or without one and is operating a motor vehicle the person has committed a DWI offense. If the person or driver operating the motor vehicle has a blood alcohol concentration of .15% or the next level of .20%, then the consequences and punishments are usually more severe. The punishments that are accompanied by driving drunk are increased or made more severe as it goes from first to fourth.
However, there is a cleansing period of ten years after which a previous plea or DWI charge in Louisiana and any other state can no longer be used to intensify any charges. Though during 2008 the law was restructured to increase the ten years duration by not including all times spent upon the time of the arrest to the time spent on probation which can elongate the time frame to previous arrests for a lot of years longer than ten years. And this does not matter which state the person got or was charged for the previous DWI offense.
Since drinking while driving is a serious offense it also has different punishments that go alongside it. The Louisiana first offense DWI charge is also known as misdemeanor though it is not as huge as the fourth order DWI offense it is still a crime. People usually see DWI offense as nothing serious, but it is because it could not only cause grave consequences to the lives of the people around like injury or death it could also compromise the safety of your health and that of your passenger if there is any. Since it could cause harm to people there are sanctions and fines that are put in place not only to deter people from committing the DWI offense it saves people’s lives and also punished the culprit of the illegal act. The penalties associated with the first order DWI offense includes
1. A fine of about three thousand to one thousand dollars or jail imprisonment of a duration of six months.
2. Probation of up to two years though it depends on the court
3. A duration of two days or forty-eight (48) hours in jail
4. 30 hours of lectures that involve compulsory attendance and completion of three courses that involve driver enhancement, substance misuse, and a MADD victim crash program. With at least community service for a time frame of thirty-two hours which usually must be a garbage pickup on the street.
1. If the blood alcohol concentration is over .15 percent but is less than .20 percent than as aforementioned, the offender must serve at least 48 hours or two days of jail time without the advantage of the two days being deferred.
2. If the blood alcohol concentration is over .20 percent, then the offender will face compulsory jail time of 48 hours in addition to the usual jail time requirements. The offender will pay a fine of 750 dollars to 1000 dollars. Then an ignition interlock device would be built in for a duration of 12 months including a two-year suspension of the offender's driver’s license. If a child endangerment law has been violated, then some of these penalties cannot be suspended.
In summary of all that has been said A first order DWI offense means that you have not been convicted of any prior DWI charge within the past ten years. The jail time of a first DWI offense is a compulsory minimum sentence of ten days and a maximum of six months. The sentence can instead be adjourned for a 32 hours probation and trash collection of the remaining time. The fine amount of the first order DWI offense is usually between three hundred dollars to one thousand dollars which are inclusive of all associated court costs. A DWI offense can be a serious crime so if you are convicted for a DWI offense you can contact a DWI lawyer Baton Rouge Carl Barkemeyer an attorney at law to help represent your case.