A DWI (Driving While Intoxicated) or DUI (Driving Under the Influence) arrest in Lake
Charles, Louisiana, can be an overwhelming and frightening experience. The immediate
consequences are severe, and a conviction can have long-lasting effects on your driving
privileges, finances, freedom, and reputation. At The Colonna Law Firm, LLC, our dedicated
Lake Charles DWI & DUI lawyer, Jacob Colonna, understands the serious nature of these
charges. We are committed to providing aggressive and strategic defense, protecting your rights,
and fighting to minimize the impact on your life.
Don’t speak to law enforcement or make any decisions without legal counsel. The time to act
is immediately after an arrest.
Understanding DWI/DUI Laws in Louisiana
In Louisiana, DWI (Driving While Intoxicated) and DUI (Driving Under the Influence) are often
used interchangeably to describe operating a vehicle while impaired by alcohol or drugs. You can
be charged with a DWI if:
Your Blood Alcohol Content (BAC) is 0.08% or higher (0.02% for drivers under 21,
and 0.04% for commercial drivers).
You are under the influence of any controlled dangerous substance.
You are under the influence of any medication (prescribed or not) that impairs your
ability to drive.
Louisiana’s Implied Consent Law
Louisiana has an “implied consent” law (LA R.S. 32:661). This means that by driving on public
highways, you are deemed to have consented to a chemical test (breath, blood, or urine) if an
officer has reasonable grounds to believe you are impaired.
Refusing a chemical test has immediate and serious consequences:
Automatic License Suspension: For a first refusal, your license can be suspended for 1
year by the DMV, regardless of the outcome of your criminal case. Subsequent refusals
lead to longer suspensions.
Harsher Penalties: Refusal can also enhance penalties if you are later convicted of DWI.
It’s crucial to understand that even if you refuse the test, law enforcement may still be able to
obtain a warrant for a blood test.
Penalties for DWI/DUI in Louisiana (Aggravating Factors & Enhancements)
Louisiana DWI penalties escalate significantly with repeat offenses and can be enhanced by
various aggravating factors. Even a first offense carries substantial consequences.
First Offense DWI (Misdemeanor):
Fines: $300 to $1,000 (plus court costs).
Jail Time: 10 days to 6 months (with potential for probation, but a minimum of 48 hours
is mandatory if BAC is 0.15% or higher, and 96 hours if BAC is 0.20% or higher).
Probation: Up to 2 years, often with mandatory conditions.
Community Service: Minimum 32 hours (often on litter detail).
Substance Abuse Program: Mandatory court-approved program.
Driver Improvement Program: Mandatory participation.
License Suspension: 90 days to 2 years, depending on BAC (90 days for 0.08-0.149%, 2
years for 0.15% or higher).
Ignition Interlock Device (IID): May be required, especially for higher BAC or if
ordered as a condition of probation.
Second Offense DWI (Misdemeanor):
Fines: $750 to $1,000.
Jail Time: 30 days to 6 months (with a minimum of 48 hours without parole or
suspension).
Community Service: Mandatory.
Substance Abuse & Driver Improvement Programs: Mandatory.
License Suspension: 1 to 4 years.
Ignition Interlock Device (IID): Often required for a period.
Third Offense DWI (Felony):
Fines: Up to $2,000.
Prison Time: 1 to 5 years (with a mandatory portion without probation).
Community Service: 30 eight-hour days.
Vehicle Forfeiture: Possible.
Ignition Interlock Device (IID): Mandatory.
Fourth and Subsequent Offenses (Felony):
Fines: Up to $5,000.
Prison Time: 10 to 30 years.
Community Service & IID: Mandatory.
Aggravating Factors that Enhance Penalties:
High BAC: Over 0.15% or 0.20%.
Child Endangerment: Having a minor (under 12) in the vehicle at the time of the
offense.
Serious Injury or Death: Causing an accident that results in injury or death leads to
charges like Vehicular Negligent Injury or Vehicular Homicide, carrying extremely severe
prison sentences and fines.
Prior Convictions: Within a 10-year “look-back” period.
Driver’s License Suspension & Hardship Licenses in Lake Charles
A DWI arrest can result in two types of license suspension:
- Administrative Suspension (from DMV): This occurs if you refuse a chemical test or if
your BAC is over the legal limit, separate from the criminal court process. You have a
limited time (often 15-30 days) to request an administrative hearing with the Louisiana
Office of Motor Vehicles (OMV) to contest this suspension. - Criminal Suspension (from Court): This occurs if you are convicted of the DWI in
criminal court.
Hardship License (Restricted Driving Privileges)
Even with a suspended license, you may be eligible for a hardship license (also known as a
“restricted license”) after a waiting period (typically 30 days for a first offense). This allows you
to drive for essential purposes such as:
To and from work
School or educational programs
Medical appointments
Court-ordered programs (e.g., substance abuse treatment)
Maintaining the “necessities of life” (e.g., grocery shopping)
Obtaining a hardship license often requires the installation of an Ignition Interlock Device (IID)
and providing proof of SR-22 high-risk insurance. Our Lake Charles DWI lawyers can help
you navigate the process of challenging your suspension and applying for a hardship license.
Common DWI/DUI Defenses We Explore
A DWI charge is not an automatic conviction. Our experienced Lake Charles DWI defense
attorney will meticulously investigate every detail of your arrest to identify potential defenses,
including:
Lack of Probable Cause for the Stop: Was there a legitimate reason for the police to
pull you over?
Improper Administration of Field Sobriety Tests (FSTs): Were the tests given
correctly according to NHTSA standards? Were there environmental factors (weather,
road conditions, footwear) that affected your performance?
Inaccurate Breathalyzer/Chemical Test Results:
o Improper calibration or maintenance of the machine.
o Officer error in administering the test.
o Presence of interfering substances (e.g., certain medical conditions, mouth
alcohol).
o “Rising BAC” Defense: Your BAC may have been rising after you stopped
driving but was below the legal limit while you were actually operating the
vehicle.
Violation of Your Constitutional Rights:
o Failure to read Miranda Rights (though this typically only impacts statements, not
the charge itself).
o Illegal search and seizure.
Challenging the Arresting Officer’s Observations: Subjectivity of perceived
impairment (slurred speech, watery eyes) can be challenged.
Why Choose Colonna Law Firm, LLC for Your DWI Defense in Lake Charles?
A DWI conviction can derail your life. Don’t face the complex legal system alone. At The
Colonna Law Firm, LLC, our Lake Charles DWI lawyer offers:
Immediate Action: We understand the urgency of DWI cases, especially regarding
administrative license suspensions. We can advise you immediately on your rights and
next steps.
Thorough Investigation: We leave no stone unturned, meticulously examining police
reports, dashcam footage, body camera footage, and chemical test results for any
inconsistencies or errors.
Knowledge of Louisiana DWI Laws: Jacob Colonna possesses in-depth knowledge of
Louisiana’s specific DWI statutes, penalties, and defense strategies.
Aggressive Advocacy: We are relentless in defending your rights, whether negotiating
with prosecutors for reduced charges or fighting your case vigorously in court.
Focus on Your Future: Our goal is to minimize the impact of a DWI charge on your
license, your record, and your life, helping you get back on track.
If you or a loved one has been arrested for DWI or DUI in Lake Charles, LA, or Calcasieu
Parish, your freedom and future are at stake.
Contact The Colonna Law Firm, LLC today for a free and confidential consultation. Time
is critical in DWI cases. Let us build a strong defense and protect your rights.