Are You Facing a DUI Charge?
Driving under the influence is always a serious charge in Louisiana. But if you’re arrested for a second or third offense, the legal consequences grow more severe. In and around Slidell, these cases move fast, and the stakes can include mandatory jail time, license loss, and steep financial penalties. Understanding how the law treats repeat DUI offenses is critical to protecting your future.
Below, we break down how Louisiana handles second and third DUI charges, what penalties you might face, and what local factors can influence the outcome.
What Counts as a Second or Third DUI in Louisiana?
Louisiana law defines a DUI as operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or more, or while under the influence of alcohol or drugs. A second or third DUI refers to the number of prior convictions on your record within a specific time frame.
- Second offense: A prior DUI conviction within the past 10 years
- Third offense: Two prior DUI convictions within the past 10 years
The 10-year “cleansing period” means an older conviction outside that window may not count toward enhancing the penalty. But if it’s within 10 years, the penalties escalate fast.
Penalties for a Second DUI Offense in Louisiana
A second DUI conviction is still classified as a misdemeanor, but the penalties are more severe than for a first offense.
- Jail time: Minimum 48 hours (mandatory), up to 6 months
- Fines: Between $750 and $1,000
- License suspension: 1 year (or longer if you refuse a chemical test)
- Ignition interlock device: Required for 6 months after reinstatement
- Community service: At least 240 hours
- Substance abuse evaluation and treatment may be ordered
- Driver improvement or MADD Victim Impact Panel attendance
Judges around St. Tammany Parish, including Slidell City Court and the 22nd Judicial District Court, tend to strictly enforce mandatory jail time, especially if the BAC is high or children were in the car.
What Changes with a Third DUI?
A third DUI in Louisiana crosses into felony territory, triggering much steeper penalties and long-term consequences.
- Jail time: Minimum 1 year, up to 5 years, with at least 1 year without parole
- Fines: $2,000
- License suspension: 2 years minimum, often longer
- Vehicle seizure: The court may order forfeiture of your vehicle
- Probation and home incarceration may be ordered after jail
- Required evaluation and treatment for substance abuse
- Permanent criminal record with a felony conviction
Third DUIs are prosecuted more aggressively, often by experienced district attorneys in the 22nd Judicial District. Local judges are less likely to show leniency, especially if aggravating factors are present.
Aggravating Factors That Make Things Worse
Not all DUIs are treated equally. The law allows for harsher consequences if certain aggravating circumstances exist, including:
- Refusing a breathalyzer or blood test
- Driving with a child passenger
- BAC of 0.15% or higher
- Causing an accident with injury or property damage
- Driving on a suspended license
These factors may lead to enhanced jail time, mandatory drug court, or additional charges such as child endangerment. Prosecutors in Slidell tend to treat aggravated DUI cases as public safety risks, which can limit plea options.
What Happens After an Arrest?
In Slidell and throughout St. Tammany Parish, DUI arrests move through both criminal and administrative tracks.
- Administrative License Suspension (ALS):
After arrest, your license may be automatically suspended. You have only 30 days to request a hearing with the Louisiana Office of Motor Vehicles to challenge it. - Criminal Court Proceedings:
These occur in municipal or district court, depending on the severity of the offense. You’ll face a formal arraignment, possible bail, and pretrial hearings. - Pretrial Motions and Evidence Review:
Officers must follow proper procedure in DUI arrests, and any failure, such as mishandling chemical test results, can be challenged.
This is where experience matters. As a former U.S. Marine and a chemist, our lead attorney brings an uncommon level of scrutiny to DUI evidence, especially breath and blood analysis. These cases often hinge on science, and sloppy forensic work can mean the difference between conviction and dismissal.
Can You Expunge a Second or Third DUI in Louisiana?
- Second DUI: Only eligible for expungement if 5 years have passed since the completion of the sentence, including probation.
- Third DUI (felony): Not generally eligible for expungement unless specific conditions are met and 10 years have passed with no further arrests.
Even when technically eligible, expungement is not automatic. It requires a formal petition and court approval. And some convictions, especially felonies, may still appear in background checks for certain purposes.
Why Do Repeat DUIs Carry More Than Just Legal Consequences?
Beyond court penalties, repeat DUI charges in Louisiana can:
- Disqualifies you from certain jobs, especially in healthcare or education
- Increase auto insurance rates dramatically
- Impact custody or family law matters
- Prevent you from owning firearms (for felony convictions)
- Bar you from certain housing or licenses
This ripple effect can last far beyond the courtroom. But each case is fact-specific, and there may still be defenses or alternatives available.
Can We Help You?
At McMillin Law, we approach DUI cases with precision, experience, and personal commitment. Our lead attorney is a U.S. Marine veteran who has practiced law in Louisiana for over 20 years and is a member of the American Chemistry Society. That means we don’t just know the law, we know the science behind DUI testing and how to challenge it effectively.
If you’re facing a second or third DUI charge, call us at 985-282-2552. You don’t have to face this alone.
