Every year, thousands of drivers are arrested for drunk driving and alcohol-related traffic offenses on Louisiana roads.
What many of them don’t know is that there are steps you can take if you are pulled over for a DUI in Louisiana. You can form a defense for your case to keep your record clean and to avoid unnecessary punishment.
Let our team of criminal defense attorneys at Crescent City Law Firm walk you through the best practices for a DUI in New Orleans and Louisiana.
What Is the Difference Between a DUI and DWI In New Orleans, LA?
Before we cover what to do if you are charged with Driving Under the Influence (DUI) in Louisiana, you first need to understand what is considered a DUI.
Sometimes people believe they are different from Driving While Intoxicated (DWI) and are confused between the two.
However, there are actually no legal distinctions between a DUI and DWI. They are simply different ways to phrase the same concept: illegally operating an automobile, truck, aircraft, boat or vessel while impaired by alcohol and/or drugs.
In New Orleans, the legal charge for a DWI is called “operating a vehicle while intoxicated.”
What Should I Do If I Am Pulled Over for Drinking and Driving?
Like we mentioned before, many people don’t think there is a way to proceed in a DUI case, and they accept the first bargain offered by a judge.
However, there are steps you can take from the very moment you are pulled over.
- Refuse a Sobriety Test: One of the best things you can do when pulled over for driving under the influence is to refuse a sobriety test. Many people don’t realize they have the right to refuse a test, but refusing a test can help protect you in the court of law. People are typically pulled over for speeding, swerving, running a red light or other reckless driving. By taking a test, you might create further evidence that you are intoxicated, and create a record of your level of intoxication.
- Contact a New Orleans DUI Lawyer: It’s also crucial that you contact not just any lawyer, but one with experience fighting DUI charges. An experienced DUI lawyer will know the ins and outs of the system, and can find mistakes in law enforcement’s reports that can lead to the dismissal of your DUI. They will assess your situation, then help you build a fierce defense to use in the court of law.
Dismissing a DUI: What It Means and How to Do It
With the help of a strong lawyer and a fierce defense, you may be able to get your DUI dismissed. This means that, while the initial DWI will still appear on your record, you will not face any charges or penalties for the arrest.
DUIs are dismissed every day in Louisiana, and even across the country.
A few common reasons DUIs are dismissed include:
- No reasonable or articulate basis for law enforcement to have stopped you or your vehicle
- Poorly maintained equipment
- Other sobriety test mistakes
- Failure to issue your Miranda Rights at the initial stop
- Procedural issues, including missing paperwork or mistakes in reporting
- Failure to provide a “speedy trial”
- No witness testimony from the arresting officer, if they fail to appear in court
Contact a New Orleans DUI Lawyer at Crescent City Law Today
John Radziewicz of Crescent City Law has years of experience fighting traffic charges from tickets to DUI arrests. He knows what it’s like to make a mistake, but he also knows we all should be allowed to keep working toward our improvements after a mistake.
If you’re facing DUI charges in New Orleans or Louisiana, John is a DUI attorney here to help. He will work hard to keep your driver’s license, secure a provisional license and even get your DUI case dismissed.
Contact John today to schedule your free initial consultation.
