Few things ruin the holidays more quickly than an unexpected arrest. For many celebrants heading home after a party or family gathering, drunk driving charges could be a serious concern. Those accused of a driving while impaired (DWI) offense are at risk of major consequences. Drivers don’t need to cause crashes to be at risk of arrest. Even technical violations can be grounds for prosecution.
Also known as operating a vehicle while impaired (OWI) offenses, drunk driving can prove far more consequential than people initially anticipate. The individuals headed home after holiday celebrations are at risk of getting arrested if they have consumed alcohol. They usually can’t count on officers extending them grace because of the holidays.
Instead, police officers are on high alert for signs of intoxicated motorists around the holidays. In fact, they may even set up sobriety checkpoints or OWI roadblocks to screen for drunk drivers on busy roads. Checkpoints are relatively common around the holidays and are legal in Louisiana when properly conducted. What do those accused of a Louisiana DWI / OWI offense need to know?
The penalties can cause major setbacks
Individuals who do not have criminal records might make the mistake of assuming that a guilty plea is their best option. People may hope to receive lenient treatment from the courts after a DWI offense. However, the sentence handed down must align with state statutes.
A first-time OWI is typically a misdemeanor offense, but that does not mean the defendant walks away without penalties. The courts can sentence an individual to community service, up to six months in jail and between $300 and 1,000 in fines. They are also likely to lose their driving privileges for 90 days or longer.
There are defense options available
Many people assume that a DWI charge is an open-and-shut case. However, test results can be inaccurate, especially if the driver has underlying medical conditions. In some cases, the test may have been inappropriate because the police officer pulled the defendant over without justification or the local police department did not have the right paperwork in place for a sobriety checkpoint.
Reviewing the circumstances that led to a DWI arrest around the holidays can help drivers explore their options. Motorists who have the right support may be able to avoid a conviction or limit the penalties they incur for a holiday DWI.
