First DWI in Louisiana? The Law Says 10 Days to 6 Months in Jail
September 13, 2026
First DWI in Louisiana? The Law Says 10 Days to 6 Months in Jail A lot of people think you can’t go to jail for
Top-Trusted Lafayette OWI Defense Law Firm
Barkemeyer Law Firm is a trusted OWI, DUI, and DWI defense law firm located in Lafayette Louisiana. Take a look at our location on this page here and view our other locations here.
We have successfully helped clients facing a number of DWI and DUI charges. You can look at some of our practice areas here and schedule your consultation today.
Lafayette DWI Law Firm Practice Areas
DWI FAQs
What are the two cases I will have from a DWI arrest?
You basically have two cases: criminal and administrative (license).
DWI is a crime. If you are convicted, you will be considered to have a criminal conviction on your record. The criminal case takes place in a courthouse. You and your lawyer will go to a courtroom and deal with a prosecutor and judge. This is the stage where we examine the reports and video and choose to go to trial, plead guilty, or work it out with the prosecutor. Usually, the court date is the appearance date on your bond paperwork or at the bottom of your ticket.
The Administrative Hearing is requested by your attorney within 30 days from the date of arrest. Be sure not to miss this time period or else you lose the right to request it. This Hearing is so we can fight the proposed suspension of your driver’s license. The DMV will attempt to suspend your license if you refused the breathalyzer or blew over the limit. You will be given a 30-day temporary license after the arrest. We will request the hearing to make the DMV prove they can take your license.
What is a DWI?
DWI defined: The operation of a vehicle when the operator is under the influence of alcohol and/or drugs.
DWI and DUI are the same in Louisiana. They fall under the same statute. Operating a vehicle wile under the influence or drugs, whether prescribed or not, alcohol, or both is illegal. So, if you blew 0.00, but you were still arrested for DUI, the officer must have thought you were under the influence of drugs. He can request you take a drug test and he can get a search warrant to take blood for the drug test.
What is the legal limit for someone under 21 years old?
Underage DWI BAC is .02. However, if a minor blows over .08, he or she may be charged with regular DWI, which carries harsher penalties.
Is DWI and misdemeanor or felony?
DWI first and second offense is a misdemeanor. Sentencing may include jail time, probation, community service, and participation in a driver improvement and substance abuse program(s). The sentence for a DWI second offense in Louisiana is 30 days to six months in jail, and 48 hours of the sentence must be served. The judge can suspend all but the 48 hours. Sometimes, we are able to get home incarceration for our clients for that 48 hours. It just depends on the facts and circumstances of the case. The fine is $750 - $1000. The judge must also order the defendant to complete 240 hours of community service, participate in a driver improvement program, do a substance abuse evaluation and/or treatment, and other conditions.
Can I go to Jail for DWI third offense?
DWI third offense and beyond is a felony. A conviction of third offense DWI may result in up to 5 years in prison and possibly 10 years for fourth offense DWI. DWI Third Offense is a felony in Louisiana punishable for 1-5 years and a fine of up to $2000. This is a very serious charge not to be taken lightly. The legislature has made the law so that the defendant must be sentenced to prison. However, recent changes have allowed for exceptions if the defendant completes a drug division program. This is an extremely intense program.
Will my license get suspended if I am convicted of DWI?
However, you may be eligible to apply for a hardship license. The hardship license will require you to install the ignition interlock device in your car and show proof to the DMV. Do not get caught driving without the hardship license if your license is suspended. You could then be facing another criminal charge of Driving Under Suspension which has a mandatory sentence of one-year suspension of your license. If you need a hardship license, go to the DMV and ask.
Will I lose my license for refusing the breathalyzer?
If you refuse the breathalyzer, you may lose your driver’s license for one year. If you submit and blow over the legal limit, you may lose your license for 90 days. If you submit and blow over .20, you could lose your license for 2 years. If you are convicted of DWI, you may lose your license for one year.
Is it 15 days or 30 days to request the license hearing?
You have 30 days from the date of arrest to request an administrative hearing to get your driver’s license back. You should hire an attorney to request the hearing and conduct the administrative hearing.
DWI Information
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An arrest and/or conviction can be expunged in Louisiana only in certain circumstances. The case must be resolved in a way that allows the defendant to be eligible to file a Motion to Expunge the records. That is why it is so important to get help to make sure the case is handled properly.
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See the the most important 27 questions and answers to DWI. You’ll really appreciate this if you have been arrested for DWI or DUI.
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Learn the differences between DUI and DWI. Driving under the influence of drugs as compared to driving while intoxicated is examined. In Louisiana, the charges both fall under the same statute.
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La RS 14:99 is defined and examined in this video. This is the Reckless Driving statute in Louisiana.
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What is the legal blood alcohol limit to constitute a DWI or DUI charge in Louisiana?
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DUI is a felony in Louisiana if the defendant has two or more previous DUI convictions within 10 years.
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If you have been arrested for DWI for the first time, you may be wondering what the penalties are. I am going to detail some of the required conditions that the judge must impose if you are convicted.
Experienced & Skilled DWI Attorneys Serving Lafayette & Surrounding Areas
Barkemeyer Law Firm has been offering legal services to clients located in Lafayette Parish and many of the surrounding areas for a combined over 100 years. When it comes to defending your rights, our team offers legal defense for many different criminal offenses. Choose our firm for help with DWI/DUI, theft, drug crimes, hit and run and more.
Choosing a Lafayette DUI attorney is a task that should not be taken lightly. The team at the Barkemeyer Law Firm in Lafayette knows the severity of DWI charges and how to defend our clients’s criminal record and driver’s license. Begin by filling out the form below to request information if you are under investigation. Your information is completely secure and confidential and one of our Lafayette OWI attorneys will be in touch to offer resolution to your detrimental problem with the law.
Our Representation Includes Other Crimes
Many times, during a DWI arrest, the police officer may include additional criminal charges. In addition to providing representation for DWI and DUI, our Lafayette DWI lawyers defend clients with other criminal charges such as reckless driving, possession of marijuana, careless operation of a vehicle, improper lane use, no license, hit and run, disturbing the peace, resisting an officer, possession of drugs, criminal damage to property, flight from an officer, theft, and other criminal charges. Our lawyers can help with all types of criminal cases in Lafayette Parish.
Court in Lafayette
If you’ve been arrested in Lafayette, then you will have court in one of the two courthouses in Lafayette, La. If the arrest was for a felony charge or if your misdemeanor summons or arrest was outside the city limits of Lafayette, you’ll have court at the 15th Judicial District Court (Lafayette Parish Court), located at 800 S Buchanan St, Lafayette, LA 70502. If you received a DWI in the city limits of Lafayette, you’ll have court at Lafayette City Court located at 105 E Convent St, Lafayette, LA 70501. You can also have court in Broussard Magistrate Court if you received a charge in the city of Broussard. Either way, the process for attending court is similar in many ways. Make sure you wear the proper attire for court which means no shorts, no hats, no cell phones, and no sleeveless tops. Be on time for court, which usually begins at 8:30 am.
Contact Our Team Of Lafayette
Criminal Defense & DWI Attorneys
Lafayette Office
Visit or call our Lafayette office if you have a DWI or criminal case anywhere in south and central Louisiana. Our office is located steps from the Lafayette courthouse at 905 Jefferson Street. We have four attorneys with a combined approximately 100 years of criminal defense experience that service clients and their cases in the Lafayette area. Our Lafayette lawyers have been in and out of the Lafayette courthouses for dozens of years, including the Lafayette Parish District Court and Lafayette City Court.
Our OWI defense lawyers also defend clients in the surrounding areas of Lafayette including Acadia Parish, Evangeline Parish, Iberia Parish, St. Landry Parish, St. Martin Parish, and Vermilion Parish, and surrounding areas for all types of criminal cases, DWI and driver’s license issues. Attorney Carl Barkemeyer and Brenda Verbois handle this region because they have been practicing in these areas for over a combined 55 years. We represent clients who work offshore as well as college students who were arrested or received a summons while attending ULL.
Feel free to contact us at (337) 761-3121 or visit here for more information.
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Contact the Lafayette DWI Attorneys at Barkemeyer Law Firm for Serious Help
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