Shreveport, LA DUIs/DWIs and Fatal Crashes: What You Should Know

Driving while under the influence ("DUI") of alcohol and/or drugs is a crime in Louisiana. If convicted, punishments and consequences for your life can be severe.

As one might expect, the punishments and life consequences are even more severe if your DUI/DWI case involves a fatality or someone who suffers severe bodily harm. In those DUI/DWI cases in which a fatality occurs, Louisiana prosecuting attorneys are likely to charge the defendant with vehicular homicide.

At the bare minimum, if convicted, the defendant faces incarceration of not less than five years and up to 30 years, with at least three years being imposed without the benefit of probation, parole, or suspension of sentence. Furthermore, the court is empowered to assess a fine in the amount of $2,000 up to $15,000. A mandatory five-year minimum sentence is required if this conviction is the defendant's second DUI/DWI conviction. The court is also required to order the defendant to participate in a court-approved substance abuse program and may also require the offender to participate in a driver improvement program.

Minimum sentencing is also required when the convicted defendant had a higher level of blood alcohol content. Under Louisiana law, a per se DUI involves a BAC of 0.08% or higher. 

However, it is easy to be much more impaired by alcohol if you are higher than 0.08% BAC. And, if you are, higher mandatory minimums will be imposed. So, if the defendant's BAC was 0.15% or higher, then the mandatory minimum sentence for vehicular homicide is five years without benefit of probation, parole, or suspension of sentence. Further, if the defendant's BAC was 0.20%, and the defendant is convicted, the defendant would be deemed to have been convicted of a crime involving violence.

With respect to impairment by use of drugs, the statute La. Rev. Stat., §14:32.1  does not contain any enhanced minimum sentencing because in drug impairment cases, there are no blood alcohol measurements.

If over-the-counter or prescription drugs and alcohol are involved, there may be a legal defense if the label on the drug does not contain a warning against mixing medication with alcohol. The statute explicitly states: "It shall be an affirmative defense to any charge under this Paragraph pursuant to this Section that the label on the container of the prescription drug or the manufacturer's package of the drug does not contain a warning against combining the medication with alcohol."

In terms of legal defenses, a good Louisiana criminal defense team might be able to show that the accident was not caused by the DUI/DWI. There are times, even when one driver is driving while under the influence, an accident is not caused by the driver's alcohol and/or drug usage. Another driver, for example, might have caused the accident, or something like the negligent design of the road or road surface could be responsible for the accident. Other criminal defenses might include various procedural and constitutional irregularities and failures of proof. Remember, under Louisiana law, you are innocent until proven guilty. Competent counsel will assess the totality of the circumstances when determining the cause of an accident and possible criminal exposure. 

Contact A Louisiana Criminal Defense Attorney Today

For more information, contact the Law Offices of Philip B. Adams today. We are relentless and aggressive Louisiana criminal defense lawyers. Complete our "Contact Us" page here. You may significantly benefit by having an attorney with legal competence and experience assist you with your Louisiana criminal case. We have offices in Shreveport and handle criminal defense cases throughout all of Louisiana.