OWI/DUI/DWI With a CDL
If a driver has a commercial driver’s license (CDL), the driver is subject to specialized rules under Louisiana OWI law. Drivers with a CDL are subject to a BAC limit of 0.04% while operating a commercial vehicle in the course of their duties. If you are convicted of OWI while driving a commercial vehicle, you will be unable to drive a commercial vehicle for one year. If you were transporting hazardous materials at the time of your arrest, you will be unable to drive a commercial vehicle for three years. If it is your second offense, you will be unable to drive a commercial vehicle for life. Losing your rights under a CDL robs you of your ability to work. An experienced Lafayette OWI defense attorney can defend you to protect your rights and your livelihood.
If you are under the age of 21, a BAC of 0.02% or higher will result in a DWI. If your BAC is higher than 0.02% but less than 0.08%, you can be charged with Underage Operating While Intoxicated under Louisiana Revised Statute 14:98.6.
On a first conviction, you may face the following penalties:
- A $100 to $250 fine.
- Jail time of 10 days up to three months.
- The possibility of 32 hours of community service instead of jail time.
- Possible participation in a substance abuse program instead of jail time.
A second or subsequent conviction will result in:
- A fine of up to $500;
- Minimum of 30 days up to six months in jail;
- 48 hours in jail and 80 hours of community service instead of remaining jail time; and
- Participation in a substance abuse program.
Defenses to a DUI Charge
An experienced defense attorney can raise certain defenses to reduce or even dismiss your OWI charges. These defenses include the following.
- Challenging the results of the breathalyzer or roadside field sobriety tests.
- Proving that you were not operating the vehicle (it was another driver, or the car was inoperable at the time, etc.).
- Proving a lack of probable cause for the initial stop. If the officer did not have sufficient justification to pull you over, the arrest may be invalid.
- Showing police officer errors to dismiss your OWI case.
Consult a Louisiana OWI/DWI/DUI Attorney
If you have been arrested for a suspected OWI/DUI/DWI in Louisiana, your rights are at risk. You face jail and prison time, high fines, and the loss of your license. There are defenses available which may reduce or even dismiss the charges against you.
Experienced Louisiana OWI defense attorney Jordan T. Precht at the Precht Law Firm can defend your case to protect your rights. Contact his office today.
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