According to the National Highway Traffic Safety Administration (NHTSA), around 10,511 people lose their lives in alcohol-related accidents each year. In Louisiana, Driving Under the Influence (DUI) is a serious offense, carrying consequences that can impact your life for years, including imprisonment and hefty fines. While many DUI charges are treated as misdemeanors, certain circumstances can escalate a DUI to a felony. Understanding these situations is crucial, especially if you or a loved one is facing such charges.
At Crescent City Law, we understand the profound effects DUI cases can have on individuals and families. With years of compassionate, personalized representation, our criminal defense attorneys, led by John Radziewicz, are here to defend your rights and help you navigate the complexities of the legal system.
What Are The DUI Laws in Louisiana?
In Louisiana, a DUI is defined as operating a vehicle while your blood alcohol concentration (BAC) is:
- 0.08% or higher for individuals 21 and over,
- 0.02% or higher for drivers under 21, or
- 0.04% or higher for commercial vehicle operators.
While DUI charges often begin as misdemeanors, certain conditions can elevate them to felonies. Being aware of these factors is vital to understanding your rights and options.
When Does a DUI Become a Felony in Louisiana?
There are a few situations in Louisiana in which a DUI charge can be considered a felony.
1. Third Offense DUI
A third DUI offense is classified as a felony in Louisiana. This applies regardless of the time elapsed between offenses.
Penalties for a third DUI offense include:
- A fine of up to $2,000
- Imprisonment for 1 to 5 years, with or without hard labor
- Potential vehicle seizure and installation of an ignition interlock device
- Mandatory substance abuse treatment and community service
2. Fourth or Subsequent DUI Offenses
A fourth or higher DUI offense carries even harsher penalties. Potential penalties include:
- A fine of up to $5,000
- Imprisonment for 10 to 30 years, with a minimum of 2 years served without parole
- Mandatory rehabilitation programs
- Permanent loss of driving privileges
The cumulative nature of DUI offenses highlights the importance of addressing prior convictions with strong legal representation.
3. Causing Injury or Death
If a DUI leads to serious injury or death, it is considered a felony under Louisiana’s vehicular homicide or vehicular negligent injuring statutes.
Vehicular homicide penalties are:
- Fines of up to $15,000
- Imprisonment for 5 to 30 years, with mandatory minimums based on BAC levels
- Permanent revocation of your driver’s license
Meanwhile, vehicular negligent injury penalties include:
- Fines of up to $5,000
- Imprisonment for up to 5 years
These cases carry life-altering consequences and demand immediate legal intervention.
4. Driving with a Child in the Vehicle
A DUI charge may be elevated to a felony if a minor under 12 years old is in the vehicle. Louisiana takes child endangerment seriously, and penalties reflect the elevated risk involved.
What Are The Long-Term Consequences of a Felony DUI?
A felony DUI conviction can have lasting repercussions on your life, including:
- Loss of Employment Opportunities: Many employers are hesitant to hire individuals with felony records.
- Loss of Civil Rights: Felony convictions often result in the loss of voting rights and the ability to own firearms.
- Higher Insurance Premiums: A DUI conviction can cause car insurance rates to skyrocket.
- Social Stigma: The label of a felon can affect your personal relationships and community reputation.
These consequences underscore the importance of having knowledgeable legal representation to protect your rights.
Tips When Facing a Felony DUI Charge
Being charged with a felony DUI can feel overwhelming, but taking immediate and thoughtful steps can greatly influence the outcome of your case. While every situation is unique, here are general actions you may consider to protect your rights and prepare for the legal process.
1. Remain Calm and Avoid Self-Incrimination – It’s important to stay calm during any interaction with law enforcement. Avoid making statements that could be interpreted as admitting fault, as anything you say can later be used as evidence in court.
2. Record Key Details –As soon as possible, write down everything you can remember about your arrest. This could include:
- The time and location of the incident
- Interactions with law enforcement or witnesses
- Environmental conditions, such as weather or traffic patterns
Preserving these details while they are still fresh can be useful later in understanding the events surrounding your case.
3. Understand the Charges Against You – Take time to familiarize yourself with the charges and the potential penalties you may face. Louisiana laws regarding DUI offenses are strict, especially when they escalate to felony-level charges due to repeat offenses, injury, or other aggravating factors.
An experienced Louisiana DUI lawyer can provide guidance on your rights and develop a plan to address your case effectively.
What Is the Statute of Limitations for a DUI in Louisiana?
Under Louisiana Code of Criminal Procedure (La. C.Cr.P.) Article 572, the statute of limitations for a felony DUI is 6 years from the date of the offense.
This means the prosecution must file charges within this timeframe—failing to do so may result in the case being dismissed. However, if charges have already been filed, the statute of limitations no longer applies, and the case can proceed through the legal system.
Understanding these timeframes is crucial for protecting your rights. Delaying action can jeopardize your ability to build a strong defense, so contacting an attorney promptly is essential.
Contact Our DUI Lawyers at Crescent City Law Today
A felony DUI charge carries severe consequences, from lengthy prison sentences to lasting damage to your reputation and livelihood. Understanding what can turn a DUI into a felony in Louisiana is the first step toward protecting your future.
At Crescent City Law, we are dedicated to standing by your side with compassion and a relentless commitment to justice. Whether you’re facing a third DUI offense or a case involving injury or death, our legal team will answer your questions and fight tirelessly for the best possible outcome. Contact us today at 504-264-9492.
