A DUI (Driving Under the Influence), also known as DWI (Driving While Intoxicated), can lead to serious repercussions like license suspension, fines, jail time, and a criminal record, which might affect future opportunities such as jobs and college admissions. These potential consequences underscore the importance of having a skilled defense attorney in case of DWI law violation in Louisiana.
At Crescent City Law, we offer reliable legal guidance to fight DWI charges effectively. Led by our experienced attorney, John Radziewicz, we provide strong defense tactics.
In this blog, we’ll outline key strategies and essential steps from the initial stop to post-arrest to help you manage a DWI situation in Louisiana.
DWI Laws in Louisiana
Louisiana enforces strict DWI laws to safeguard its citizens from accidents caused by intoxicated or ‘at-risk’ drivers. The law prohibits operating any vehicle while under the influence of alcohol or drugs, including:
- Cars
- Motorcycles
- Boats
- Aircrafts
Police officers conduct sobriety tests to determine intoxication levels and may arrest individuals for DWI. Convictions can result in fines, jail time, and a permanent criminal record.
Misdemeanor DWI Penalties
For a misdemeanor DWI conviction, penalties can include:
- Fines up to $1,000
- Up to six months in jail
- Mandatory installation of an ignition interlock device
Felony DWI Penalties
Felony DWI is more severe and typically involves accidents that result in injury or death or multiple offenses. Penalties for a felony DWI conviction include:
- Fines up to $5,000
- Up to 30 years in prison, more if fatalities are involved
- License suspension or revocation
- Mandatory installation of an ignition interlock device
DWI laws in Louisiana are stringent, with serious consequences for those convicted. Whether facing a misdemeanor or felony DWI, it’s crucial to seek legal representation. Our experienced attorneys at Crescent City Law can provide the guidance and defense needed to navigate these charges.
How to Get a DWI Charge Dropped in Louisiana
Being arrested for a DWI can be daunting, with each case bringing its own set of unique challenges and details. However, with the help of a skilled DWI defense lawyer, there are several strategies that could potentially get your charges dropped:
- Challenge the Evidence: Your lawyer can scrutinize the prosecution’s evidence for flaws or inconsistencies that could weaken the case against you, possibly leading to the charges being dropped before trial.
- Negotiate a Plea Deal: Your attorney might negotiate with the prosecutor for a plea deal that results in lesser charges or penalties.
- Fight in Court: If your case goes to trial, your lawyer can argue for dismissal based on the merits of your defense or aim for an acquittal by persuading the judge or jury.
Factors That May Help Drop DWI Charges
The likelihood of getting your DWI charges dropped or dismissed depends on the strength of your defense and several key factors:
- It’s your first DWI offense.
- You have no prior criminal convictions.
- Your blood alcohol concentration (BAC) was low.
- Prescription medication contributed to your impairment.
Hiring an attorney familiar with DWI defenses is critical as they understand how to navigate these complexities effectively.
DWI Defense Checklist in Louisiana
When arrested for a DWI, it’s easy to feel overwhelmed. To improve your chances of successfully defending yourself and possibly reducing or eliminating your charges, it’s crucial to act promptly and follow the right steps.
Here are a few general tips to guide you after a DWI arrest:
1. Maintain Your Innocence
Being pulled over by the police and being arrested or having a BAC of .08 or higher doesn’t automatically make you guilty. Even when the officer asks whether you’ve been drinking, Never Admit Guilt! Consult a lawyer before assuming anything about your charges.
2. Contact an Attorney Immediately after you are Released
Despite the emotional turmoil, it’s vital to contact an attorney immediately after your arrest. Prompt action can significantly increase the chances of resolving the case favorably before it goes to court.
3. Keep Details Confidential
After your arrest, you may face questions from law enforcement and insurance companies. Avoid discussing details of the incident with anyone before consulting with your attorney to prevent jeopardizing your case. Anything you say can (and will) be used against you in court.
By following these steps, you can work to ensure you’re making informed decisions and protecting your rights following a DWI arrest in Louisiana.
How a DWI Lawyer in Louisiana Can Help You in Dropping Charges
In Louisiana, the legal blood alcohol concentration (BAC) limits are .08 for adults and .02 for drivers under 21. If you’re facing a DWI charge, a DWI lawyer can deploy a variety of defense strategies to dismiss your charges or secure a more favorable outcome potentially. Here’s how a DWI lawyer can help:
#1. Challenging the Police Stop
Officers need reasonable grounds for stopping drivers. If your attorney proves that your stop lacked a valid basis, it could lead to a dismissal due to insufficient evidence.
#2. Disputing Probable Cause for Arrest
The law requires police to have probable cause for arrest, meaning clear reasons to believe you were under the influence. If probable cause was lacking, or if the arrest was based on personal biases, your lawyer can contest the arrest to get your charges dropped potentially.
#3. Contesting the BAC Test
Your defense attorney might find weaknesses in the administration of the BAC test, such as:
- Faulty equipment or improper operation
- Operator’s lack of certification or errors
- External factors like high body temperature lead to false positives
- Contaminated samples or incorrect blood draw procedures
- Interference from medications
- Coerced or improperly conducted sobriety or breath tests
Experienced lawyers have various tactics to challenge BAC test results and argue that the evidence is unreliable. A skilled DWI lawyer in Louisiana understands these defenses and how to effectively apply them in your case, enhancing your chances of a better legal outcome.
Don’t Face DWI Charges Alone—Let Our Crescent City Law Team Help You!
Being charged with a DWI in Louisiana can have serious consequences; remember to stay calm, assert your rights, ask your lawyer all your queries, and take proactive steps to build a strong defense against the allegations.
If you’re facing a DWI charge in Louisiana, don’t hesitate to reach out to a trusted attorney with a proven track record who can help you navigate the legal process and fight for the best possible outcome. Contact us at 504-264-9492 today or fill out our online contact form to schedule an initial consultation.
