A quietly passed provision in Louisiana’s OWI statutory framework will fundamentally change how misdemeanor cases are handled, and defense attorneys are paying
attention.
On June 8, 2025, Gov. Jeff Landry signed Act No. 194, a bill pitched as a way to increase penalties for misdemeanor OWIs. But by raising the maximum fines, lawmakers inadvertently triggered a powerful constitutional protection, the right to a jury
trial. Under relevant Louisiana statutory and case law, a misdemeanor carrying a fine of over $1,000 can be tried before a jury unless the defendant waives that right.
Did Lawmakers Mean to Do This?
Not likely. But in criminal defense, legislative oversights can become powerful tools. A single misplaced phrase can shift cases from fast-track bench trials in city courts to full-blown jury trials in district courts. Louisiana city courts are specifically excluded by statute from having criminal or civil jury trials, meaning ALL OWI first and second offenses occurring after June 8, 2025, must be prosecuted in district courts.
Why does it matter?
Prosecutors may see this as a problem. We see it as a constitutional safeguard. If the legislature changes the law in a special session, this window could close fast. Until then, if you are facing a misdemeanor OWI, it’s worth asking: Is a jury trial now in my best interest?
- More Decision Makers. In a bench trial, one judge decides your guilt or innocence. In a misdemeanor jury trial, 6 jurors must reach a unanimous verdict. However, even if 5 jurors believe you are guilty, that 1 holdout can cause a
mistrial which is often a win for the defense. - Higher Burden in Practice. Jurors may be more skeptical of police testimony or more open to alternative explanations.
- Human Connection. Jurors are regular people, not legal professionals. They can be persuaded by humanizing your story, showing personal struggles, or highlighting unfair police conduct.
- Strategic Advances. Jury trials allow defense attorneys to conduct voir dire to shape the panel, use storytelling and visual aids to make the defendant relatable, and emphasize reasonable doubt in a way that resonates with
laypeople. - Built-in Delay. Jury trials usually take longer to schedule, giving the defense more time to investigate, file motions, and negotiate. The backlog can sometimes lead to better plea deals or outright dismissals.
- Public Accountability. With jurors in the box, everything the police and prosecution do is on display. That public scrutiny can deter overreach and help expose weaknesses in the state’s case.
Prosecutors may see this as a problem. We see it as a constitutional safeguard. If the legislature changes the law in a special session, this window could close fast. Until then, if you are facing a misdemeanor OWI, it’s worth asking: Is a jury trial now in my best interest?