Art. 487.1 Indictment for driving while intoxicated; amendment

If someone is charged with drunk driving (DWI), prosecutors can change the charge before the trial starts to reflect that it's actually a second, third, or fourth offense. This can happen even if the earlier DWI conviction came after the current offense took place, not just before it.

In practical terms, this means prosecutors have flexibility to update the charge as they learn more about a person's DWI history. If new information comes to light showing this isn't a first offense, they don't have to start over with a new case. They can simply amend the existing charge, as long as they do it before the trial begins.

For someone facing a DWI charge, this means the charge you start with may not be the charge you end up facing at trial. If the state discovers prior DWI convictions, your charge could be upgraded to a second, third, or fourth offense, which usually carries stiffer penalties. It's a reminder that DWI charges can change based on your record, even after the case has already started.