OWI / DWI / DUI Attorney in Lafayette, Louisiana

Is it called an OWI, a DWI, or a DUI in Louisiana?

What is it called in Louisiana when you are arrested for driving while drunk? OWI? DWI? Or DUI?

Technically, in Louisiana, the name for the crime of driving while drunk is “operating a vehicle while intoxicated.” La. R.S. 14:98 (Operating a Vehicle While Intoxicated).

Thus, in Louisiana, we call it an “OWI.” But it all means the same.

What Is an OWI Charge?

An Operating While Intoxicated (OWI), La. R.S. 14:98, et seq., charge is a criminal offense that refers to the act of operating a vehicle while under the influence of alcohol or drugs.

The specific laws and penalties for OWI can vary depending on the facts of each case and the number of prior OWI convictions, but in general, OWI is considered a serious offense that can result in penalties that may include fines, jail time, suspension or revocation of a driver’s license, and even the loss of the vehicle you were driving!

Experienced OWI Defense for Lafayette Drivers

Operating a vehicle while intoxicated (OWI) while on alcohol or drugs is a serious criminal offense that can result in severe legal consequences. It is common for many judges to require mandatory jail time, fines, and community service for an OWI conviction.

You may also be required to attend substance abuse classes and/or AA meetings. You could lose your driving privileges.

In short, even if an OWI conviction is a first or second offense, and thus a misdemeanor, there can be severe consequences. Many times prosecutors will presume your guilt even when there is strong evidence you were not intoxicated. This is why it is important to hire an attorney who has experience with defending OWI charges.

At the Ikerd Law Firm, Chad Ikerd has years of experience challenging OWI arrests, including the initial stop, the police interaction, the waiver of the right to remain silent, the field sobriety test, the breathalyzer, and even the blood test. OWI arrests actually have a lot of ways they can be challenged. You just have to hire the right attorney who knows how to protect your rights!

Don’t let an OWI charge ruin your future; call us today and let us fight for your rights and driving privileges.

Defending Against DUI/DWI/OWI Charges

If you have been charged with an OWI (DUI/DWI), DUI, DWI, or OWI, it is important to seek the assistance of an experienced criminal defense attorney in Lafayette.

Our team can help you understand the charges against you, the potential penalties, and your rights under Louisiana laws and can help you build a strong defense against the charges at hand.

Surprisingly, there are many avenues to defend against OWI charges. An arrest for operating a vehicle while intoxicated is based on the officer’s belief that there is probable cause that you were inebriated while driving a vehicle.

An officer will make this determination based on many factors, all of which may allow an attorney experienced in defending OWI cases an opportunity to raise reasonable doubt.

Potential defenses against DUI, DWI, and OWI charges include:

Lack of probable cause for the traffic stop
Improper performance of a field sobriety test
Error or malfunction of breathalyzer or blood-alcohol testing equipment
Another medical condition causing symptoms similar to intoxication
Illegal search and seizure

Penalties for an OWI in Louisiana

Specific penalties imposed may vary depending on the specific circumstances of the case, such as the offender’s blood alcohol content (BAC) level and whether they have any prior OWI convictions.

In Louisiana, OWI convictions are what is called “enhanceable.” This means that even though you may be convicted for doing the same exact act multiple times (drinking and driving), the Legislature has determined that if you do it more than two times, drinking and driving becomes a “felony.”

A “first” and “second” offense OWI is considered a “misdemeanor,” while a “third” and “fourth or subsequent” offense OWI becomes a “felony.” Thus, even though a first and second offense may be a misdemeanor conviction, and you do not think it’s serious, it can become serious down the road.

Do not wait until you are charged with a felony to hire an experienced attorney to protect your rights.

Oftentimes, someone is arrested for a third offense, and the facts are really bad for them. However, the evidence was very weak and could have been challenged on their first or second offense convictions.

Because the client did not take the misdemeanor charge seriously by hiring an experienced OWI lawyer, they are now facing a felony instead of a misdemeanor.

The penalties for each subsequent conviction get more serious and harsh.

First Offense OWI – La. R.S. 14:98.1 (Misdemeanor)

First-time offenders must pay a fine of $300 – 1,000 AND a jail sentence between 10 days and 6 months. All but 48 hours of that jail sentence can be suspended, and the person can be placed on probation.

The 48 hours may be suspended as well if at least 32 hours of community service is performed. If a BAC of 0.15 or more is proven, the 48 hours cannot be suspended for community service, and other harsher penalties may be imposed.

Second Offense OWI – La. R.S. 14:98.2 (Misdemeanor)

Second-time offenders must pay a fine of $750 – $1,000 AND a jail sentence between 30 days and 6 months. At least 48 hours in jail is required and cannot be suspended; the rest can be suspended and served on probation.

The court will have the option to either require 15 days in jail or 240 hours of community service, half of which must be “litter abatement.”

Participation in court-approved substance abuse programs and driving programs may also be required. If a BAC of 0.15 or more is proven, the punishment can be more severe.

Third Offense OWI – La R.S. 14:98.3 (Felony)

Third-time offenders must pay a fine of $2,000 AND shall be imprisoned with or without hard labor for a minimum of 1 year in jail, with a possible maximum sentence of up to 5 years in prison.

The minimum 1-year sentence cannot be suspended. This means that someone convicted of a third OWI offense, which is a felony, must serve one year in jail.

You should talk to an experienced OWI attorney to see if you qualify for exceptions to this mandatory jail sentence, including sobriety court and/or home incarceration.

The court may suspend the remaining sentence if the sentence is more than one year in total.

Fourth or Subsequent Offense OWI – La R.S. 14:98.4 (Felony)

Fourth or subsequent OWI offenders must pay a fine of $5,000 AND shall be imprisoned with or without hard labor for a minimum of 10 years in jail, with a possible maximum sentence of up to 30 years in prison.

The law requires that 2 years of the sentence shall be imposed without the benefit of probation, parole, or suspension of sentence.

This means that someone convicted of a fourth OWI offense, which is a serious felony, must serve at least two years in jail. You will need to talk to an experienced OWI to see if you qualify for exceptions to this mandatory jail sentence, including sobriety court and/or home incarceration.

It’s important to note that if a person is found to have a BAC of 0.15% or higher for any offense, the penalties are increased, and if a person causes an accident while driving under the influence, the penalties can be more severe.

It’s also worth noting that an OWI conviction in Louisiana can result in other penalties such as community service, alcohol education classes and treatment, and the installation of an ignition interlock device on the offender’s vehicle.

Build a Strong Defense Against Drunk Driving Charges

Gather evidence

Collect any evidence that may support your defense, such as witness statements, surveillance footage, and any other relevant documentation.

Hire an experienced OWI attorney

An attorney with experience in OWI defense can help you navigate the legal system and build a strong defense.

Challenge the legality of the traffic stop

If the officer did not have a valid reason for stopping you, any evidence obtained during the stop may be inadmissible in court. Our team will look closely for evidence that can be suppressed because of constitutional violations and poor police work.

Challenge the accuracy of the breath or blood test

Breath and blood tests can be inaccurate, and an experienced attorney may be able to challenge the results. Often, machines are not calibrated correctly and can give false positive results.

Plead guilty to a lesser charge

If the evidence against you is strong, your attorney may be able to negotiate a plea deal for a lesser charge.

Education/Treatment Programs

Attend any alcohol education or treatment program if required.

Note: The best defense will depend on the specific circumstances of your case and the laws of your state. Legal advice should be sought from a qualified attorney.

Common Questions about Drunk Driving Charges

Is Blood Alcohol Level the Only Way to Prove Intoxication in Louisiana?

No. While a BAC of 0.08% or higher creates a presumption of intoxication, the state can still pursue a conviction if alcohol or drugs influenced your ability to operate the vehicle, even at a lower BAC. Drug intoxication cases can also be prosecuted without any alcohol in your system. The Ikerd Law Firm successfully argued before the Louisiana Supreme Court that the presence of drug metabolites in the blood alone is not sufficient to prove intoxication and that expert testimony is required to establish the actual impact on a person’s ability to drive.

Can I Lose My Driver’s License Just for Being Arrested for an OWI?

Yes. Louisiana may suspend your driver’s license even before a conviction, pending a review of the facts and the outcome of your criminal case. The administrative process for license suspension is separate from your criminal proceedings and can take months to resolve. The Ikerd Law Firm offers free consultations for those who need representation in this administrative process.

Is Drunk Driving in Louisiana Just a Misdemeanor?

No. While a first or second OWI conviction is treated as a misdemeanor carrying up to six months in jail, a third or fourth offense becomes a felony under Louisiana law. Felony OWI convictions carry significantly more severe penalties, including minimum sentences of one to two years in jail.

Can an Old OWI Conviction Still Be Used Against Me in Louisiana?

It depends on how old the conviction is and how long you have been off state supervision. Louisiana uses a ten-year cleansing period, but that clock does not begin until all probation, parole, or incarceration from the prior conviction is fully completed. If ten full years of freedom from state supervision have passed, you may have an argument that the prior conviction cannot be used to enhance your current charge. Contact the Ikerd Law Firm to find out whether you qualify.

Can a Drunk Driving Conviction From Another State Be Used Against Me in Louisiana?

Yes. Louisiana expressly treats out-of-state convictions for offenses equivalent to operating while intoxicated as predicate convictions. If another state convicted you of driving while intoxicated, impaired, or under the influence of alcohol or drugs, Louisiana can count that conviction and use it to enhance your current charge to a second, third, or fourth offense.

Can I Be Convicted of OWI If My Car Was On but in Park?

It depends on the evidence. The state must prove you actually operated the vehicle while intoxicated. If the only evidence is that you were found in a running vehicle in the park, that alone may not be sufficient. Chad Ikerd has successfully defended clients in this exact situation, including a case where charges were dismissed after presenting case law to the prosecution. Every case is different, so contact the Ikerd Law Firm to discuss your specific circumstances.

The Importance of Legal Representation – Experienced Drunk Driving Defense to Protect Your Rights and Freedom

If you have been charged with DUI, DWI, or OWI, it is important to seek the assistance of an experienced OWI / DUI / DWI & Alcohol Defense Attorney in Lafayette as soon as possible.

At the Ikerd Law Firm, Chad Ikerd can help you understand the charges against you, the potential penalties, and your rights under the law. Chad can also help you build a defense against the charges and protect your rights.

We have the knowledge and resources to effectively defend against DUI, DWI, and OWI charges. We understand the complex laws and procedures surrounding these charges and will work tirelessly to protect your rights and defend your freedom.

Contact us today to schedule a consultation and learn more about how we can help you.