Contact Us
Home
Criminal Justice :: BMAD

Consequences of a DWI conviction in Louisiana

DWI First Offense (Misdemeanor)
  • Fine: $300-$1,000 (plus court costs and other fees)
  • Jail: 10 days to 6 months (all can be suspended except as set forth below)
  • Community Service: 32 hours
  • Substance Abuse Evaluation and Driver Improvement School Required.
  • If BAC over .15: Minimum mandatory 48 hours jail.
  • License Suspension: 90 days
DWI Second Offense (Misdemeanor)
  • Fine: $750-$1,000 (plus court costs and other fees)
  • Jail: 30 days to 6 months (all but 48 hours can be suspended)
  • Community Service: 240 hours
  • Substance Abuse Evaluation and Driver Improvement School Required.
  • BAC .15 or more: Minimum mandatory 96 hours in jail.
  • Driver's License Suspension: 1 year
DWI Second Offense when the prior conviction is for Vehicular Homicide or First Degree Vehicular Injuring (Felony)
  • Fine: Mandatory $2,000 (plus court costs and other fees)
  • Jail: 1 to 5 years (all but 6 months can be suspended)
  • Community Service: 240 hours
  • Substance Abuse Evaluation and Driver Improvement School Required
  • Driver's License Suspension: 1 year
DWI Third Offense (Felony)
  • Fine: Mandatory $2,000
  • Jail: 1 to 5 years (all but 6 months can be suspended)
  • Substance Abuse Evaluation and Driver Improvement School Required
  • Vehicle: Mandatory seizure and sale of the vehicle being operated at the time of arrest with the proceeds forfeited to the State.
  • Driver's License Suspension: 2 years
DWI Fourth Offense (Felony)
  • Fine: Mandatory $5,000 fine
  • Jail: 10 to 30 years (all but 2 years can be suspended on a first conviction for DWI Fourth Offense)
  • Vehicle: Mandatory seizure and sale of the vehicle being operated at the time of arrest with the proceeds forfeited to the State.
  • Driver's License Suspension: 2 years

Prior convictions which may be used to convert a DWI into a second, third or fourth offense include a conviction for vehicular homicide, vehicular negligent injuring, first degree vehicular negligent injuring or a conviction for DWI in any state, municipal or other court.

Louisiana has a 10 year "cleansing period" for DWI offenses. This means that if the arrest for the prior offense occurred over 10 years before the arrest for the current offense, that prior conviction cannot be used to convert the present DWI offense to a higher offense. However, any time that the arrestee was incarcerated during that period is excluded from the calculation of the 10 year limit.

Additionally, Louisiana has a Child Endangerment Law which provides that if a child 12 years of age or younger was a passenger in the vehicle when the defendant was arrested, the minimum mandatory sentence provided for each offense cannot be suspended. This means that if the Child Endangerment Law applies, the minimum mandatory sentences would be as follows:

  • DWI First Offense: 10 days in jail
  • DWI Second Offense: 30 days in jail
  • DWI Third Offense: 1 year in jail
  • DWI Fourth Offense: 10 years in jail

A conviction includes; a verdict of guilty after a trial, a plea of guilty or a plea of nolo contendre. A conviction also includes a prior offense that was dismissed under Louisiana Code of Criminal Procedure Article 894.

UNDERAGE DWI

In Louisiana, it is a crime (LA. R. S. 14:98.1) for a person under the age of 21 to operate a motor vehicle with a blood alcohol concentration of .02 per cent or more.

PENALTIES

Underage DWI First Offense (Misdemeanor)
  • Fine: $100-$250.00.
  • Substance Abuse Evaluation and Driver Improvement School Required.
Underage DWI Second Offense (Misdemeanor)
  • Fine: $150-$500.00.
  • Jail: 10 days to 3 months (all of which may be suspended)
  • Community Service: 80 hours
  • Substance Abuse Evaluation and Driver Improvement School Required.

Any person under the age of 21 who has a blood alcohol concentration of .08 per cent or more is to be charged under the "regular" DWI statute (14:98).
Many may be familiar with the pain of imprisonment that inmates experience during incarceration. Less often do we consider the pain of re-entry that is associated with the return to society. "Easy in and hard out" sums up the correctional system experience. Without disputing the importance of the protection of society as the goal that underlies correctional policy in this country, incarceration is but a short term solution. Indeed, the longer the incarceration, the more difficult the re-entry process and the greater the threat to society. This is frustrating for those who favour the longer imprisonment solution because it often seems to produce unintended and opposite results. 

  • Recidivism is a tendency to lapse into a previous pattern of behavior, especially a tendency to return to criminal activity.  Rates were higher among blacks and Hispanics than among whites- 58.8% of blacks and 45.2% of Hispanic releases recidivated compared with 33.5% of white

The more educational programs prisoners successfully complete, the lower the recidivism rate.  Inmates who completed at least one training program per each six months of their prison term recidivated at a rate of 35.5% versus 44.1% of those who did not successfully complete any courses.

 

Given the extraordinary numbers addressing the employment and education issues of ex-offenders, BMAD has taken on this major challenge in the workforce development field for ex-offenders in the State of Louisiana.

 

The BMAD team provides case management, drug abuse treatment, and links to other health/social services for  parolees reintegrating into the Ark-La-Miss area.

Parole agencies are under tremendous pressure today to manage more prisoners returning to parole in local communities. By referring high-risk parolees (those offenders most likely to commit a violation or crime) to a Parolee Reentry Program, agencies can conserve resources, lower costs, change criminal thinking, and improve public safety.

The BMAD programs get results through evidence-based practice centered on corrections research, including daily reporting, intensive case management, cognitive behavioral treatment and connecting clients to long-term community resources. Typical clients include:

• Prison inmates being released who have a history of drug and alcohol problems
• Individuals assessed with high risk and needs
• Technical parole violators
Benefits to agencies

  • Clients in these programs cost the state a fraction of incarceration
  • These programs can be rapidly implemented in 60 to 90 days
  • Reduces prison overcrowding by getting repeat offenders out of the system
  • Targets chronic criminal behavior and thinking
  • Allows states to postpone or avoid new prison bed construction
  • Outsourcing to BI allows states to avoid staffing liabilities
  • Centers become positive hubs of activity for parolees
  • Supports busy parole officers by managing problematic offenders

Behavioral Medicine & Addictive Disorders (BMAD) has been working with the Fourth Judicial District Court for eight years. BMAD developed and was approved to provide a DWI/DUI Prevention Program. This six month program, initiated by District Attorney Jerry Jones, offers an opportunity for eligible individuals to participate in a twenty-six week psycho-educational experience that will help them understand the serious legal and possibly life shattering consequences if they continue to drink and drive.

Criminal Justice
Addiction Recovery
Post Traumatic Stress Disroder
Anger Management
Substance Abuse
Intensive Outpatient Treatment
Mental Health Rehabilitation