The Louisiana Office of Motor Vehicles (OMV) states that your official driving record (ODR) lists various law violations and the retention period for violations varies depending on the type of violation. The type of violations and their retention period on your Louisiana driving history are as follows:
- DWI, Vehicle Negligent Injury and Out-of-Service convictions remain on the record for 10 years from the date of conviction.
- Other major traffic convictions (suspendable/disqualifying violations) remain on the record for 5 years from the date of conviction.
- Minor traffic convictions remain on the record for 3 years from the date of conviction.
- Accidents that are suspended for Financial Responsibility remain on the record until the accident is reinstated.
So a DWI in LA would stay on your driving record for 10 years from the date of the conviction for this driving while intoxicated charge. The LA driver's manual notes that a first conviction for a DWI can cost you $4500 in court costs, fines, lawyer fees, insurance costs, etc. The penalties for driving while intoxicated (DWI) in LA include:
1st DWI conviction - MAXIMUM Penalties
- A criminal record
- Six months in jail
- $1,000 fine plus court costs
- Loss of driver’s license for 90 days (180 days if under age 21)
2nd DWI conviction - MAXIMUM Penalties
- A criminal record
- Six months in jail with 48 hours mandatory jail time
- $1,000 fine plus court costs
- Loss of driver’s license for one year
3rd DWI conviction - MAXIMUM Penalties (R.S. 14.98)
- A felony criminal record
- 1-5 years in prison with 30 days mandatory jail time
- $2,000 fine plus court costs
- Loss of driver’s license for two years
- Auto may be seized and sold
- Six weeks inpatient and 12 months outpatient substance abuse treatment
- Home incarceration for remainder of sentence
4th DWI conviction - MAXIMUM Penalties (R.S. 14:98)
- A felony criminal record
- 30 years in prison with 30 days mandatory jail time
- $5,000 fine plus court costs
- Loss of driver’s license for two years
- Auto may be seized and sold
- Six weeks inpatient and 12 months outpatient substance abuse treatment
- Five years home incarceration
In addition to the penalties listed, proof of future financial responsibility (SR-22 certificate) must be filed and maintained for three years from the date of conviction. The court also has the authority to require participation in community service work, driver improvement programs, and substance abuse treatment, all at your expense.
If you are driving while intoxicated and cause a crash that results in the death of another person, your conviction can result in a jail term of up to 20 years. You will lose your driver’s license, a great deal of money, and the privileges of citizenship (with a felony record you cannot vote). You will also face being sued by the deceased person’s relatives for amounts that could easily exceed your insurance coverage.
Typically, your auto insurance rates will go up, sometimes substantially, or, the company will simply cancel your policy if you are convicted of a DUI or DWI. If your insurance company raises your premiums but keeps you as an insured, you will likely be labeled a high-risk driver due to the seriousness of the offense you were convicted of and thus the risk you are now to an insurance provider.
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