Louisiana DUI Lawyer: Understanding OWI Charges, Penalties, and Defense Strategies
If you've been arrested for Operating While Impaired (OWI) in Louisiana, you're facing more than just a traffic violation. You're up against serious criminal charges that can affect every aspect of your life. Hogan Attorneys understand the complexities of Louisiana's OWI laws and the severe penalties that accompany a conviction. This includes jail time, hefty fines, and long-term loss of driving privileges.
With decades of experience defending clients across the state, our skilled legal team is committed to protecting your rights, challenging the prosecution's case, and helping you navigate the legal system with confidence and clarity.
What Qualifies as Operating While Impaired in Louisiana?
Louisiana law defines OWI under Louisiana Revised Statute LSA-R.S. 14:98. You can be charged if you operate any motor vehicle, aircraft, watercraft, vessel, or other mode of transport under the following conditions:
Impairment by alcohol regardless of BAC
BAC of 0.08% or higher for drivers 21 and older
Impairment by drugs (including prescription or over-the-counter medication)
Combination of alcohol and drugs causing impairment
Special Rules for Underage Drivers
For drivers under 21, the BAC limit is much stricter — just 0.02%. Even a single drink can put an underage driver over the legal threshold.
Why You Need a Skilled DUI Lawyer in Louisiana
In Louisiana, what most people call a “DUI” or “DWI” is legally referred to as Operating a Vehicle While Impaired (OWI). These charges are far more than just a traffic violation. They are serious criminal offenses that can have a lasting impact on your life, freedom, and finances.
An experienced DUI lawyer like Daniel Ginetty can help you navigate this challenging legal terrain, challenge questionable evidence, and fight for the best possible outcome in your case.
First Offense OWI
The Stakes Are High – Why You Need a DUI Lawyer
OWI penalties in Louisiana increase dramatically with each offense. Even a first-time conviction can lead to jail time, steep fines, license suspension, and a permanent criminal record. Additional possible consequences include:
Loss of driving privileges
Mandatory ignition interlock device installation
Court-ordered substance abuse treatment
Strict probation terms
Vehicle seizure for repeat offenders
Dramatically higher insurance rates
Barriers to employment and housing
A DUI lawyer can work to minimize these penalties, protect your rights, and explore alternatives to incarceration.
Louisiana OWI Penalties – What You’re Facing
Penalties vary based on factors such as BAC level, prior offenses, the presence of minors in the vehicle, and whether injuries or fatalities occurred. This is a summary of the law and does not constitute advice about any particular situation.
Fine: $300–$1,000
Jail: 10 days–6 months (possible probation with conditions)
Special conditions: Substance abuse program, driver improvement course, possible ignition interlock device
Second Offense OWI
Fine: $750–$1,000
Jail: 30 days–6 months (48 hours mandatory)
Special conditions: Longer license suspension, ignition interlock, community service
Third Offense (Felony)
Fine: $2,000
Jail: 1–5 years (1 year mandatory)
Special conditions: Vehicle seizure, substance abuse evaluation, home incarceration
Fourth or Subsequent Offense (Felony)
Fine: $5,000
Jail: 10–30 years (2–3 years mandatory without probation or parole)
Special conditions: Vehicle seizure, lengthy home incarceration, mandatory substance abuse treatment
The 10-Year Lookback Period
Louisiana uses a “10-year “lookback period” to determine if prior OWI convictions count toward your current charges. Importantly, this period excludes time spent:
Awaiting trial
On probation or parole
Incarcerated
This means that a conviction from more than 10 years ago could still be used against you under certain circumstances.
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Challenging the Traffic Stop
Police must have probable cause to pull you over. If the stop was unlawful, any evidence collected afterward may be thrown out.
Questioning Field Sobriety Tests
Field sobriety tests can be affected by medical conditions, fatigue, weather, and improper instructions.
Disputing Chemical Test Results
Breathalyzers and blood tests must be properly calibrated and administered. A DUI lawyer will check maintenance logs and procedural compliance.
Identifying Procedural Violations
From the moment of the stop, law enforcement must follow strict protocols. Any deviation can create grounds for dismissal or reduced charges.
DUI Lawyer Defense Strategies in Louisiana
An experienced DUI lawyer will scrutinize every detail of your arrest, testing, and court procedures. Common defense strategies include:
Alternative Sentencing Options
Drug Division Probation Program
For third or subsequent offenses, the court may allow entry into a Drug Division Probation Program instead of long-term incarceration. This program focuses on treatment and rehabilitation under strict court supervision.
A DUI lawyer can assess your eligibility and advocate for your placement in such a program.
How to Protect Yourself After an DUI/DWI Arrest
Contact a DUI lawyer immediately – Time is critical to preserving evidence and challenging the prosecution’s case.
Do not discuss your case with anyone other than your attorney.
Keep all paperwork and records from your arrest.
Follow all court instructions to avoid additional charges.
Why Choose the Hogan Attorneys DUI Defense Team
Attorney Daniel Ginnetty has a deep understanding of Louisiana’s OWI laws and a track record of protecting clients from severe penalties. Hogan Attorneys provides:
Aggressive courtroom representation
Thorough case investigation
Negotiation skills to secure reduced charges or alternative sentencing
Experience with both misdemeanor and felony OWI cases
Contact a Louisiana DUI Lawyer Today
If you’ve been charged with a DUI, DWI or OWI in Louisiana, don’t face it alone. Our legal team is ready to fight for your rights, challenge the evidence against you, and work toward the best possible outcome.
Contact us today for a confidential consultation and take the first step toward protecting your future.
Disclaimer: This information is provided for educational purposes only and does not constitute legal advice. Every case is unique, and outcomes depend on specific circumstances.
Special Considerations – Child Endangerment and Refusal Cases
Child Endangerment
If a passenger is 12 years old or younger during an OWI arrest, Louisiana’s Child Endangerment Law mandates harsher minimum penalties that cannot be suspended.
Refusing Chemical Tests
Refusal to submit to a chemical test can trigger separate criminal penalties — especially if it’s your third refusal — which can include fines, jail time, and extended license suspension.