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First Offense OWI in Lafayette, Louisiana
A First-Time OWI Arrest Starts Two Separate Clocks
An OWI arrest in Lafayette does more than put you in front of a judge. It triggers two separate proceedings: a criminal case under La. R.S. 14:98 and an administrative process that determines whether your driver’s license gets suspended. Those tracks run independently, and the administrative deadline arrives fast. Missing it means an automatic suspension regardless of how your criminal case resolves.
Precht Law Firm represents people arrested for OWI in Lafayette. Attorney Jordan T. Precht keeps clients informed at every stage, involves them directly in case decisions, and stays accessible when questions come up. Past outcomes have included an acquittal and multiple charges dismissed before trial. Those are past results, not a guarantee of what happens in your case, but they reflect the work we bring to OWI defense.
If you’ve been arrested for OWI in Lafayette, the time to act is now. Call us at (337) 201-9119 to schedule your free consultation before that administrative window closes.
What a First-Offense OWI Costs Under Louisiana Law
Louisiana classifies a first-time OWI as a misdemeanor, but the penalties are real. Under La. R.S. 14:98, the law applies when someone operates a vehicle while under the influence of alcohol (generally a blood alcohol concentration of 0.08% or higher for adults), drugs, or both. A conviction can bring:
- Fines: $300 to $1,000, plus court costs
- Jail exposure: 10 days to 6 months, frequently suspended in favor of probation on a first offense
- Community service: As a condition of probation, offenders must serve 48 hours in jail or, in lieu of that jail time, complete at least 32 hours of court-approved community service, half of which must involve litter abatement.
- Required programs: A court-approved substance abuse evaluation and a driver improvement course
Louisiana’s implied consent law adds another layer. Holding a Louisiana driver’s license is treated as consent to chemical testing. Refusing a test doesn’t protect you from the administrative suspension process. It can trigger its own separate suspension even without a conviction.
License Consequences & the Hardship License Option
You generally have about 30 days from your arrest to request an administrative hearing to contest the suspension. If that deadline passes without a request, the suspension takes effect automatically. Requesting the hearing preserves your driving privileges while the matter is pending and gives us a chance to challenge the suspension on its own terms.
If a suspension does take effect, a hardship license under La. R.S. 32:415.1 may let you continue driving for essentials: commuting to work, attending school, childcare, and medical appointments. Qualifying typically requires waiting 30 days after the suspension begins, providing SR-22 high-risk insurance, and installing an ignition interlock device (IID) in your vehicle.
Commercial driver’s license holders face a harder situation. The BAC threshold for CDL drivers drops to 0.04%, and a first-offense OWI in any vehicle, including a personal car, can result in a one-year CDL disqualification. Hardship licenses aren’t available for Class A, B, or C CDLs.
Article 894: How a First-Time Defendant Can Avoid a Permanent Conviction
Article 894 of the Louisiana Code of Criminal Procedure is designed for first-time offenders. It allows you to enter a guilty plea while the court defers the actual conviction. You then serve a probationary period with conditions that typically include community service, a driver improvement course, and a substance abuse evaluation.
Complete those conditions, and the court sets aside the conviction and dismisses the prosecution entirely. A dismissal under Article 894 carries the same legal effect as an acquittal, though the underlying plea can still be treated as a prior offense if you’re charged with another OWI in the future. You also become eligible to file for expungement immediately after the dismissal, which can clear the arrest from your record. This benefit is available once every 10 years for an OWI, so protecting that eligibility matters.
Get Your Questions Answered Before the Deadline Passes
We offer a free consultation to walk through your charge, discuss your options including Article 894 eligibility, and outline what we can do on your behalf. Attorney Jordan T. Precht can be directly involved in your case from the start.
Call Precht Law Firm today at (337) 201-9119 to speak with our OWI defense attorney in Lafayette.
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