Is DWI a Felony in Louisiana?

 

DWI Info Portal

 

 

Call 225-964-6720

 

Carl Barkemeyer is felony DWI/DUI defense lawyer in Baton Rouge, Louisiana. Felony DWI charges are very serious charges that require an attorney that is experienced in handling these types of cases. Mr. Barkemeyer has successfully handled and tried many DWI cases.

 

 

A charge of DWI becomes a felony when the offender has at least two prior DWI convictions. Felony DWI charges can involve lengthy prison sentences, as well as an incredible amount of probation conditions.  See below the relevant excerpts from the Louisiana DWI statute.

 

3rd - Third Offense DWI/DUI

On a conviction of a third offense, notwithstanding any other provision of law to the contrary and regardless of whether the offense occurred before or after an earlier conviction, the offender shall be imprisoned with or without hard labor for not less than one year nor more than five years and shall be fined two thousand dollars. One year of the sentence of imprisonment shall be imposed without benefit of probation, parole, or suspension of sentence. The court, in its discretion, may suspend all or any part of the remainder of the sentence of imprisonment. If any portion of the sentence is suspended, the offender shall be placed on supervised probation with the Department of Public Safety and Corrections, division of probation and parole, for a period of time equal to the remainder of the sentence of imprisonment, which probation shall commence on the day after the offender's release from custody.

 

4th - Fourth and Subsequent Offense DWI/DUI

Except as otherwise provided in Subparagraph (4)(b) of this Subsection, on a conviction of a fourth or subsequent offense, notwithstanding any other provision of law to the contrary and regardless of whether the fourth offense occurred before or after an earlier conviction, the offender shall be imprisoned with or without hard labor for not less than ten years nor more than thirty years and shall be fined five thousand dollars. Two years of the sentence of imprisonment shall be imposed without benefit of probation, parole, or suspension of sentence. The court, in its discretion, may suspend all or any part of the remainder of the sentence of imprisonment. If any portion of the sentence is suspended, the offender shall be placed on supervised probation with the Department of Public Safety and Corrections, division of probation and parole, for a period of time not to exceed five years, which probation shall commence on the day after the offender's release from custody.

 

4 Truths to the “is a DWI a felony” question 

Driving while intoxicated or DWI is one of the most rampant offenses across Louisiana and the whole of the USA. However, it is not to be taken lightly. Not only can a DWI charge make you susceptible to heavy cash fines, house arrest, and community services; it can also send you to prison. That’s why you must hear these truths about the question; is a DWI a felony in Louisiana? But before anything else, you should know that Felony offenses warrant strict punishments, and without the help of an aggressive attorney, the penalties could be overwhelming. 

The question shouldn’t be, is a DWI a felony or a Misdemeanor, rather it should be; how do I avoid the possible penalties of a DWI conviction? 

All things considered, there is only one way to mitigate and possibly annihilate the consequences of a DWI conviction in the state of Louisiana, and it involves getting a competent lawyer who has acquired a wealth of experience in handling DWI felony cases, to represent you in court. So when you or someone you care about is filed for a DWI offense, put a call through to Carl Barkemeyer, Criminal Defense Attorney. 

Now, back to the question of the day, is a DWI a felony? Yes, it is. But not always. 

 

1. DWI is a felony only after the first two convictions

In the state of Louisiana, DWI offenses are generally charged as Misdemeanor offenses. Whereas it means that the offender will not be chastised as much as a DWI felony offender, it does not indicate that offenders of the crime will get a pat on the back for committing a DWI. You’ll still be punished for the crime, regardless of whether it’s a felony or a misdemeanor. That’s why it is recommended that you get an aggressive lawyer to defend you in court against the DWI, so you can boost your chances and possibly walk out of the courtroom free and acquitted of the crime. If you are being charged for a DWI for the first time, with the help of an experienced attorney like Mr. Carl Barkemeyer, the judge may overlook the offense and let you go with a warning. However, if after the first DWI charge, you are caught by a law enforcement officer behind the wheel of a movable while intoxicated, your chances of walking out of the courtroom free and acquitted will decline greatly. Mr. Carl Barkemeyer is most helpful in these kinds of cases; he will take you by the hand and guide you through your court hearings. He has defended and tried many DWI felony cases in Louisiana, and as such, he has acquired the law acumen needed to secure a favorable outcome in any DWI case. You can rest on him, and sleep with your two eyes closed. 

 

2. Third-time offenders may get a lengthy prison sentence

Is a DWI a felony? of course, it is, and if you are being tried for a third DWI offense regardless of how far apart the two prior convictions are to the new trail, you may end up with a prison sentence. Even more painful, you may suffer a cash fine alongside the prison sentence. Typically, Third-time offenders that fail to secure an aggressive attorney for their defense in court, end up with a jail term running from 1 year to 5 years’ imprisonment. On top of that, they are asked to remit the sum of $2000 to the state for violating the DWI laws. The prison sentence may, however, include hard labor. On the off chance that you are convicted for the DWI felony charge for more than one year, you’ll be forced to serve the first year of the term without the possibility of suspension, parole, or probation. Nevertheless, the court may exercise leniency to suspended the remainder of the jail term. Should this happen, the offender will be put on probation throughout the remainder of the sentence. Starting from the second day of the wrongdoer’s release, he/she will have to report to the public safety and corrections department.

 

3. Multiple offenders get the heaviest punishments

It seems pretty obvious that the penalties of a DWI felony would be harsher on multiple offenders than the third-time or first-time offenders. Without an attorney to mitigate the sentence, the accused will most certainly end up with a prison sentence. Even worse, you may suffer a cash fine alongside the prison sentence. In general, fourth-time offenders that fail to secure an aggressive attorney for their defense in court, end up with a jail term running from 10 years to 30 years’ imprisonment. On top of that, they will have to remit the sum of $5000 to the state for violating the DWI laws. The prison sentence may, however, include hard labor. In most cases, the offender is forced to serve the first two years of the term without the possibility of suspension, parole, or probation. In other cases, the court may exercise leniency to suspend the remainder of the jail term. The bottom line is that without an aggressive attorney supporting you in court, your chances of securing a favorable outcome, after 3 DWI convictions, are very slim. 

 

4. You need an attorney to secure a favorable outcome in a DWI felony case

When it comes to securing a favorable outcome against the odds of a DWI felony charge, it is imperative to hire an aggressive and experienced criminal defense attorney. Because, after all, is said and done, the verdict for your case will be derivative of how well your attorney fights the evidence filed against you. Is a DWI a felony? Yes, it is, and you’ll need help to fight the charge. so who do you call? 

All things considered, there is but one person to call when filed for a DWI felony. Mr. Carl Barkemeyer is the ideal DWI attorney for your court hearings; he is well equipped, aggressive, and experienced to take on any case in Louisiana city courts. So don’t hesitate to call Carl Barkemeyer, criminal defense attorney, when filed for a case anywhere in the state.

 

Baton Rouge Louisiana Felony DWI/DUI Defense Lawyer

Mr. Barkemeyer is experienced in defending these serious charges. He is knowledgable about DWI laws and how to properly defend DWI charges. He has defended clients charged with Felony DWI in many parishes throughout Louisiana.

Contact Baton Rouge DWI lawyer, Carl Barkemeyer, at 225-964-6720 to discuss your case.

"Great attorney - very detailed and knowledgeable.
I will recommend him to anyone and if needed I'd consult with him again.!"