Louisiana DWI prior offenses, enhancements, and resolution analysis
Verify the charged grade and predicate records before comparing plea, trial, program, sentencing, and collateral consequences.
Source review: October 16, 2026What this pathway evaluates
R.S. 14:98 directs sentencing to separate provisions for first, second, third, and fourth or subsequent convictions. The current statute also defines qualifying prior convictions and a ten-year calculation that excludes specified periods from the computation.
Do not accept a shorthand criminal-history label. Obtain certified records for each alleged predicate and verify identity, offense, jurisdiction, date, final disposition, counsel or waiver record, and every period relevant to the statutory calculation.
Resolution analysis should compare the exact offer with trial posture, mandatory terms, license effects, ignition interlock, insurance, employment, professional licensing, immigration, treatment, restitution, and other case-specific consequences. Program or diversion availability must be confirmed with the responsible prosecutor and court.
Issue map
Predicate audit
Build a conviction-by-conviction table with offense date, conviction date, release, probation, parole, attachment, incarceration, jurisdiction, counsel record, final disposition, and legal qualification.
Enhancement facts
Verify allegations involving a young passenger, crash, injury, fatality, refusal, high result, suspended driving, or other charges. Each can raise different notice, proof, causation, and sentencing questions.
Written option matrix
Compare dismissal, reduction, plea, trial, program, treatment, sentencing presentation, and license strategies only when actually available. Record who confirmed eligibility and when.
Mitigation record
Organize verified treatment, evaluation, sobriety monitoring, employment, caregiving, service, restitution, medical history, transportation plan, interlock compliance, and support evidence without making false promises.
Questions this route should answer
Does a ten-year-old conviction never count?
Do not assume that. R.S. 14:98 excludes specified periods when computing the ten-year period, and qualification of a prior record is a legal question.
Is diversion guaranteed for a first arrest?
No. Program existence, eligibility, prosecutor approval, exclusions, terms, and effects must be confirmed from the responsible local authority and the specific record.
Can mitigation replace a defense?
No. Mitigation and merits are separate workstreams. A person can preserve and litigate defenses while also developing a verified resolution record with counsel.
Primary sources
These links are starting points, not a substitute for reading the current law, court orders, and the complete record.