DWI Lawyers Serving All Areas of Louisiana

23Nov

Drunk Driving Accident Charges in Louisiana

Prosecutors and police officers in Louisiana are very serious about DWI and DUI charges, particularly when there is a vehicle accident.

If you are arrested for any DWI charge, do not take it lightly. It doesn’t matter whether the DWI charge doesn’t involve an accident, do not take it lightly. Drunk driving accident charges in Louisiana are far worse than the normal DWI charges. It is taken very seriously. If you are driving under the influence and accident occurred, it could worsen your case.

If someone was killed, this is a serious case and it is treated as vehicular homicide. If you were intoxicated and you injured someone while driving, it is treated as first-degree negligent injuring.

Even trying to argue that it was the other person that caused the accident because of careless driving on the other party’s side, you could still be penalized if you were partially at fault. The authorities are interested in if you were drunk at the time of the accident, and if being under the influence was a cause of the accident. In their minds, if you were not under the influence, you would have made better decisions and the accident may have not happened.

To be intoxicated, you have to be driving with a BAC over .08. It could also mean that you were impaired by illegal or prescription medication when the accident occurred.  If you knowingly took more than the prescribed amount of the drug, and it caused you to be impaired, the prosecutor might be able to prove you were under the influence. If you are convicted of drunk driving accident charges in Louisiana, you could end up paying hefty fines. Apart from that, you could spend a lot of time behind bars.

Mostly, vehicular homicide and first-degree negligent injury are linked to cars or other road vehicles. It could also be linked to boats and so on.

If you are boating under the influence in Louisiana and you get into an accident that involves injury or death, first-degree negligent injury and vehicular homicide also apply here respectively. 

In most criminal cases, the prosecution team has to prove that you had the intent to commit the crime. This is not the case of DUI. The fact that you were driving under the influence is enough to convict you. No one is interested in showing whether you had the intent of getting into an accident. The only exception is if you could prove that someone made you under the influence and you had no idea nor gave consent.

It is important to note that apart from the criminal case held by the prosecution team, you can also face civil cases. The victim or his family members can bring up a civil case against you.

Vehicular Homicide in Louisiana

This is a felony. If your blood alcohol level at least .08, you are presumed to be intoxicated and any accident that occurs as result of being under the influence and that leads to death is treated as a vehicular homicide.

It doesn’t matter if you were intoxicated with a legal drug or not, the case may stick. If you have taken prescription or OTC drugs, and you drive, then get into accident that leads to injury or death, you can be tried for vehicular homicide.

The penalties for this crime are stringent. They are dependent on the amount of alcohol in your blood.

You could be made to pay up to fifteen thousand dollars as a time.

You could be imprisoned for five to thirty years with or without hard labor. If you are lucky, you may be given three years, without the option of suspension or parole. 

If when the officer arrested you, you had a BAC of .15, you may end up spending five years behind bar without you having the option of suspension or even parole. 

If you are a repeat DUI offender, you could be sentenced to five years without the option of suspension or parole.

It is important to note that the courts in Louisiana are under pressure to sentence convicts of DUI to more stringent penalties. This is why you need Carl Barkemeyer to represent you.

First Degree Negligent Injury

Vehicular Negligent Injury also a felony in the state of Louisiana. This occurs when you are driving under the influence and injures someone during an accident. First-degree negligent injury is more serious because serious bodily injury to the victim has been alleged. It could lead to imprisonment of up to five years.

You could end up paying two thousand dollars or spend up to five years in jail with or without hard labor.

Was It A Hit And Run DUI?

When you are in an accident and you were intoxicated, you may be tempted to do a hit and run to avoid a DWI. Kill that urge immediately.

If it is a misdemeanor hit and run DUI, it could lead to $500 and at least ten days in jail.

If it is a felony, it could be at least five years and at most twenty years.

If You Are Arrested, What Do You Do?

Like stated before, getting into an accident while driving under the influence is serious, meaning that if care is not taken, you can be used as an example by the authorities.

To prevent accidents from occurring on the clean roads of Louisiana, it is common for authorities to come up with rules and regulations. For example, you are not meant to drive if you do not have the skills and licensing. It is illegal in Louisiana to get into a car, start it up and move through the Louisianans roads when you don’t have the skills to man the car. There are a number of people on the road at the same time, it could be the locals or tourists moving around. Driving without a license could affect their safety.

It could be driving under the influence. There, you took in alcohol or drugs- prescription or controlled substances- and started driving your car. At that moment, you are not in control of yourself. You can’t make rational decisions on how to handle the boat. Your sight is blurred and you are a ticking time bomb waiting to explode. If caught by the authorities, there are things you should never do. The same thing applies if your loved one was caught driving under the influence by police officers.

Drunk Driving Lawyers

When you are arrested, you need our drunk driving lawyers near you to represent your best interest. Contact us instead of trying to represent yourself and digging a deeper hole for yourself.

Carl Barkemeyer wrote the published book on DWI: Practical Information for the Accused and Attorneys in Louisiana. He regularly gives lectures and advice to other attorneys regarding how to successfully defend clients for DWI.
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DISCLAIMER: The information on this website is not formal legal advice nor does it create an attorney-client relationship.

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