Louisiana DWI Vehicular Negligent Injuring Attorneys

Defending DWI Negligent Injuring & Vehicular Homicide Charges

Facing DWI charges is challenging enough, but when a DWI results in injury or death, the consequences become even more severe. You need more than just any legal team to protect your best interests in these complex cases. You need award-winning lawyers who can effectively convince a jury of your innocence through strategic defense tactics and articulate communication.

Our Louisiana criminal defense lawyers are well-equipped to handle even the most intricate cases. We possess comprehensive knowledge of both sides of the law and have a proven track record of achieving favorable results. There’s no better team to fight for your freedom than the Barkemeyer Law Firm.

What is Vehicular Negligent Injuring?

According to Louisiana Revised Statute 14:39.1, vehicular negligent injuring is defined as causing injury to another person while operating a vehicle. This is considered a misdemeanor offense. If convicted, penalties include a fine of up to $1,000 and/or imprisonment for up to 6 months.

New Penalties – Effective August 1, 2024

The Louisiana legislature has changed the vehicular negligent injuring law. These changes go into effect on August 1, 2024. Most importantly, the penalties have increased based on the blood alcohol content of the defendant.

Blood Alcohol Concentration of 0.15 or Above But Less Than 0.20

Whoever commits the crime of vehicular negligent injuring and who had a blood alcohol concentration, at the time of the commission of the offense, of at least 0.15 percent but less than 0.20 percent, shall be fined not more than $1000 and imprisoned for not less than 7 days nor more than 6 months. At least 7 days of the sentence shall be served WITHOUT the benefit of probation or suspension of sentence. This is a big deal because that means that judges must sentence the defendant to at least a week in jail if they are convicted and their blood alcohol is above 0.15. But wait, it gets worse…

Blood Alcohol Concentration of .20 or Above

Whoever commits the crime of vehicular negligent injuring and who had a blood alcohol concentration, at the time of the commission of the offense, of at least 0.20, shall be fined not more than $1000 and imprisoned for not less than 30 days nor more than 6 months. At least 30 days of the sentence shall be served WITHOUT the benefit of probation or suspension of sentence.

First-Degree Vehicular Negligent Injuring

When the injuries are classified as “serious bodily injury,” the charge may be elevated to first-degree vehicular negligent injuring, which is a felony offense. Louisiana Revised Statute 14:39.2 covers first-degree vehicular negligent injuring, involving causing serious bodily harm while operating a motor vehicle, aircraft, watercraft, or other conveyance. The offense is considered first-degree under conditions such as operating under the influence of alcohol or controlled substances, having a BAC of 0.08% or higher, or consuming a combination of alcohol and other substances beyond recommended levels.

Penalties

These penalties were also updated in August 1, 2024.

Violation of this statute is considered presumptive evidence of negligence, with penalties including a fine of up to $5,000 and imprisonment for up to 10 years.

BAC over 0.15 Penalties

Whoever commits the crime of first degree vehicular negligent injuring and who had either a blood alcohol concentration, at the time of the commission of the offense, of at least 0.15, or has a prior conviction for operating a vehicle while intoxicated, shall be fined not more than $5000 and imprisoned with or without hard labor for not less than 2 years nor more than 10 years. At least 2 years of the sentence imposed shall be served WITHOUT the benefit of probation, parole, or suspension of sentence.

During any period of probation, the court shall order the offender to participate in a court-approved substance abuse treatment program and may require successful completion of a court-approved driver improvement program.

Crime of Violence

The name law changes make first degree vehicular negligent injuring, when the operator’s blood alcohol concentration exceeds 0.20 percent a crime of violence. This is important because the defendant has to serve much more prison time for a crime of violence before he can parole out.

How Does Louisiana Define Vehicular Homicide?

Louisiana Revised Statute 14:32.1 defines vehicular homicide as “the killing of a human being caused proximately or directly by an offender engaged in the operation of any motor vehicle, whether or not the offender intended to cause death or great bodily harm, when certain conditions exist and such condition was a contributing factor to the killing” (see LA RS 14:62.1 A (1)- (7)).

Conviction for vehicular homicide can result in fines ranging from $2,000 to $15,000 and imprisonment for 5 to 30 years. Additionally, you may be required to complete a court-approved substance abuse program and/or driver improvement program.

Common Circumstances for These Offenses

These offenses can occur under the following conditions:

The operator is under the influence of alcoholic beverages.
The operator’s BAC is 0.08 percent or more.
The operator is under the influence of any controlled dangerous substance listed in Schedules I-V as outlined in R.S. 40:964.
The operator is under the influence of a combination of alcohol and legally obtainable drugs (with or without a prescription).

How A Criminal Defense Attorney Can Help Your Case

Vehicular negligent injury offenses carry severe penalties. Having a trusted legal team by your side can make all the difference. Don’t face this fight alone—contact Barkemeyer Law Firm today to hire our experienced lawyers.

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.