We have recently represented several clients who were charged with a third drunk driving offense, which is a felony. According to the Louisiana Statute, when a person is convicted of a third offence DWI, they are subject to 1- 5 years in prison, meaning that they must spend a minimum of 1 year in jail. However, there is a way to facilitate the person’s immediate release without the necessity of spending a full year in jail.
House Arrest May be Possible
Louisiana Statute calls for a mandatory 1-5 year sentence exposure for persons found guilty of a third DUI. But pursuant to Article 894.2, if you can get the judge to allow it, the defendant may be sentenced to one year house arrest/home incarceration along with certain other conditions instead of the one year in prison. House arrest or home incarceration is basically a monitoring system. There are companies that provide this service, such as Louisiana Home Detention, and you will have to pay for the service.
You Must Plea Under Article 894.2
Obviously home detention is far preferable to spending a year in jail, so if you are charged with DUI Third, make sure your Louisiana criminal defense lawyer looks into the possibility of getting an 894.2 plea. Your attorney can contact the home monitoring service, set up a visit, and arrange for you to be monitored for the 1 year period. After the year is over, the judge may require additional probationary conditions such as a substance abuse class or substance abuse evaluation.
If you get a third DUI charge, you are looking at a minimum of one year in jail unless you can plea under Louisiana Article 894.2. Any Louisiana criminal defense attorney with experience defending clients with multiple DUI charges should know about the possibility of home incarceration and should fight to get this option for you. My Law Firm represents people charged with DUI/DWI violations in Louisiana and will try to get house arrest if possible. Of course you should not drink and drive, but if you get yourself in trouble, give my law office a call.