Legal Question in DUI Law in Louisiana

1st, 2nd, 3rd, and 4th offense DWI

My first DWI was in 1987. Second was 1998 and third was in 1999. If I get a DWI today would it be 4th offense? How long do you have to go until they start at 1st offense?


Asked on 1/26/07, 7:50 pm

2 Answers from Attorneys

Hardy Parkerson Retired Attorney; now Law Professor

Re: 1st, 2nd, 3rd, and 4th offense DWI

Dear LawGuru Friend,

I assume you are talking about Louisiana. For goodness sake, don't get another one! But if you were to get one today, it would not be a Fourth DWI, but a Third DWI, a felony. The state goes not go back and pick up a DWI conviction that goes back in excess of ten years. But a third conviction is still bad n news. Who wants that! Drinking for everybody is a problem, and drinking and driving is a double problem; and for you a triple problem. Don't live in a dream world! If you are going to drink, don't drive; and if you are going to drive, don't drink! Alcohol and gasoline don't mix. Good luck! Be careful! Who needs a felony!

Sincerely,

Hardy Parkerson, Atty.

Lake Charles, LA

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Answered on 1/27/07, 1:49 pm
Andrew Casanave Andrew M. Casanave

Re: 1st, 2nd, 3rd, and 4th offense DWI

Unless you spent a substantial amount of time incarcerated you would only be chargeable with Third Offense DWI.

Prior convictions can be used against a person for ten years, however the time does not toll during any periods of incarceration.

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Answered on 1/26/07, 9:27 pm


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