Fighting a DWI DUI in Louisiana
If you are arrested for DUI DWI, it’s the start of the process. Ultimately the prosecutor must prove all elements of the crime. Vince has years of experience defending people accused of DUI DWI. From the start his goals are to:
- Defend the charge of DWI and get a verdict of not guilty.
- Avoid any jail sentence that’s not suspended.
- Prevent a felony conviction.
- Ensure any penalties/punishments are minimized.
- Avoid a DUI charge on your record, therefore being public.
Defending Against a DUI DWI charge
There are a variety of defenses Vince engages when serving his DWI clients, like:
- Did the police have probable cause when you came in contact with them? An office’s “hunch” is insufficient grounds to pull someone over.
- Law enforcement errors. Police officers are human, and sometimes they can make mistakes that invalidate or undermine the charge. Vince knows to look for mistakes that might affect the charges against you.
- Were you actually driving the vehicle? Being intoxicated in a vehicle is separate from operating the vehicle.
- Was the breathalyzer test sound? There are issues that affect whether or not the breathalyzer test is valid, and therefore admissable in a DUI prosecution. For instance, medications can impact the accuracy of the test results and the machine must be properly calibrated.
- Was there a problem with the field sobriety test? The officer(s) must have a lawful justification for asking you to perform the test. The police cannot threaten you in any way to take the test. The test must be administered correctly.
Penalties and Consequences
Though technically a misdemeanor, a first time DWI conviction does have serious consequences, such as:
- A fine with a minimum of $300 and a maximum of $1,000 or 6 months of jail time.
- A prison sentence lasting at least 48 hours.
- A probationary period, determined by the court, lasting up to 2 years.
- A minimum of 32 hours of a driver’s education program.
- Completion of 3 courses on alcohol and drug abuse and a MADD Victim Impact Panel.
- And, community service for 32 hours minimum with 16 hours devoted to garbage pick-up.
Some other things to think about with a first time DWI conviction include: an additional 48 hours of jail time that cannot be suspended if your BAC (Blood Alcohol Concentration) was greater than .15. If your BAC was higher than .20, it results in another 48 hours of jail time, a fine of $750 to $1,000 and the installation of an interlock device in your vehicle for 1 year.
Contact a DUI DWI Lawyer
With his ample experience in defending clients from DWI prosecutions, Vince stands ready to aid you if the need arises. If you’ve been arrested for DUI, contact Vince today by calling 504-482-5292 or by e-mail.
Some Resources and Information
Here are some resources regarding laws regulating penalties and driver’s license suspensions.
- 14:98…Operating A Vehicle While Intoxicated
- 14:98.1…Operating While Intoxicated – First Offense Penalties
- 14:98.2…Operating While Intoxicated – Second Offense Penalties
- 14:98.3…Operating While Intoxicated – Third Offense Penalties
- 14:98.4…Operating While Intoxicated – Fourth Offense Penalties
- 14:98.5…Special Provisions and Definitions
- 14:98.6…Underage Operating While Intoxicated
- 14:98.7…Unlawful Refusal to Submit to Chemical Tests; Arrests For Driving While Intoxicated
- 14:98.8…Operating A Vehicle While Under Suspension for Certain Prior Offenses
Driver’s license suspension information from the Louisiana Department of Public Safety.
- Information on ignition interlock devices
- Driver’s License Suspension Period From Test Submission and/or Refusal
- Driver’s License Suspension Period From Conviction
- Laws governing record expungements
- Requirements regarding obtaining a hardship license
- Eligibility requirements for a hardship license
- Information on administrative hearings to review proposed license suspensions