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New Orleans DUI Lawyer

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Every year, thousands of drivers are arrested for drunk driving and other alcohol-related traffic offenses on Louisiana roads. Many of them assume that they have no defense against the police, so they accept the first offer they get from the prosecutor. That is a serious mistake. If you have been charged with DUI, you need a skilled legal defense from a New Orleans DUI lawyer, not a conviction on your record and unnecessary punishment.

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Hire a DUI Lawyer at Crescent City Law

Facing a DUI charge can be an incredibly stressful experience. When you hire a DUI lawyer at Crescent City Law, you gain the support of a legal team that can take decisive steps in your defense. We can start by evaluating your case and building a strategy focused on protecting your rights and driving privileges. Our work in criminal court has earned recognition from organizations such as Top-Tier Lawyers and The National Trial Lawyers.

Although our past awards do not guarantee any specific outcome, our firm is known for standing with clients at every stage of the process, from arrest through resolution. We understand how a DUI charge can affect your license, record, and daily life. If you are looking for a defense team that can guide you through the legal process and pursue a favorable outcome, our award-winning attorneys can provide you with the exceptional legal support your case deserves.

Understanding DUI Charges in Louisiana

The overall crime rate in New Orleans is 48.84 per 1,000 residents in a given year, and DUIs greatly contribute to those numbers. The offense deals with drivers who consume alcohol or other impairing drugs before or while driving. In 2023, 244 people were killed in the state due to impaired driving, which is why local law enforcement in New Orleans remains vigilant for signs of drunk driving.

An arrest typically happens when law enforcement sees signs of impaired driving along Bourbon Street, Canal Street, St. Charles Avenue, or elsewhere in the city. Under state DUI laws, anyone found to have a blood alcohol concentration of 0.08 or more may be charged with this offense. These laws also apply to intoxication by drugs or any substance that impairs the driver’s ability to operate a motor vehicle safely.

A DUI in Louisiana can lead to a felony charge under certain circumstances. Most first and second offenses are charged as a misdemeanor, but repeat offenses can increase the severity of the charge. A third DUI conviction can lead to a felony, with subsequent convictions resulting in even harsher penalties.

Aggravating factors can also elevate the severity of this offense. Any drunk driver who causes serious injury or death could face felony charges, such as vehicular homicide.

Having a child in the car at the time of the offense can also increase the resulting penalties. It can also lead to other charges, such as child endangerment, especially if the child is under the age of 12. In such a case, one significant consequence is that the mandatory minimum sentence cannot be suspended.

Since prior convictions can quickly elevate DUI charges, defendants should challenge their charges rather than accept a plea bargain. A seasoned DUI attorney can investigate the offense, build a detailed strategy to defend you, and execute that strategy at every stage of your case.

Talk to an Attorney Who Will Stand With You Every Step.

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Effective Strategies for Contesting DUI Charges

Being pulled over and arrested for a DUI, even when you blow positive for alcohol, does not mean that you will ultimately be convicted of a serious crime. Your New Orleans DUI attorney can begin preparing your defense by carefully scrutinizing the evidence. They can look for potential instances where your rights were violated or the evidence wasn’t carefully collected.

One common constitutional violation that can help DUI defendants is an unlawful stop. Law enforcement must have reasonable suspicion that a driver is under the influence of drugs or alcohol before they can pull a suspect over. This can involve the following driving behaviors:

  • Weaving within a lane or drifting between lanes over a sustained distance can raise suspicion of impairment.
  • Swerving abruptly or making wide, erratic turns may suggest a lack of control behind the wheel.
  • Driving significantly below or above the posted speed limit without a clear reason can draw attention from law enforcement.
  • Failing to maintain a consistent speed, including sudden acceleration or braking, may indicate impairment.
  • Running a red light or stop sign is a clear traffic violation that can justify a stop.
  • Driving without headlights at night or in low-visibility conditions is another common reason for a stop.
  • Following other vehicles too closely, also known as tailgating, can signal unsafe driving behavior.
  • Nearly causing a collision or engaging in reckless driving can provide officers with reasonable suspicion to initiate a traffic stop.

If dashcam footage reveals that the police did not have a valid reason to pull you over, your attorney can take steps to have any evidence they subsequently collect suppressed. That step could greatly support your defense and potentially lead to dropped charges. Your attorney can also explore whether the breathalyzer was calibrated before your test was administered. An improperly administered field sobriety test could also lead to inconclusive results.

As part of your defense, your attorney could also explore an alternative explanation for your driving behavior or failed field sobriety test. The key to any defense is to find an experienced defense lawyer who is willing and able to explore every viable defense strategy that can cast doubt on the state’s narrative of events.

What to Do Following an Arrest in New Orleans

Being arrested in New Orleans can be stressful, but what you do next can affect how your case unfolds. The first priority should be to remain calm and avoid making statements that could be used against you. You have the right to remain silent, and it is often in your interest to use that right until you have legal representation. Anything you say during or after the arrest may be documented and later introduced in court.

Remain cooperative with the police, and provide your name and identification when asked. During booking, do not discuss your case with anyone, even in casual conversation with other detained suspects. One of the most important steps you can take is to contact a criminal defense attorney as soon as possible.

An attorney can explain your rights, review the details of your arrest, and begin building a strategy to protect your interests. They can also handle bond hearings, court filings, and communication with prosecutors. Attend all scheduled court dates, follow any conditions set by the court, and avoid discussing your case with others. Staying organized and proactive can help you navigate the legal process more effectively and prevent complications.

What to Expect as Your Case Moves Forward

Every criminal case in New Orleans is unique, but most cases share commonalities. After an arrest, you will typically be brought to the nearest county jail for booking and processing. During the booking process, your fingerprints and photographs are taken. You may spend a day or more going through that process before posting bail and being told when to appear in court.

It is crucial to seek legal representation as soon as possible. Your lawyer can speak on your behalf in court and enter a plea of not guilty. That begins the pretrial phase, where you and your attorney can review the evidence and gather new evidence to support your defense. The prosecution may also take steps to build its own case. During this period, your lawyer can tailor your defense strategy to the specifics of your situation.

If your attorney finds that your rights were violated, they could file a motion to suppress. Prosecutors may make a plea bargain offer at this time, which you could either accept or reject. If the evidence supports your version of events, you and your attorney can explore the possibility of taking your case to trial, where a judge or jury can decide whether a crime was committed. 

Why You Should Hire a Criminal Defense Lawyer

The right defense strategy can protect you from becoming one of the 50,000 people who are currently in jail or prison across the state. If you have been arrested and charged with driving while intoxicated, your first step should be to hire a criminal defense lawyer to manage your criminal defense case. The right lawyer can provide you with the support and guidance you need to avoid a serious conviction.

When you work with a New Orleans criminal defense attorney, you benefit from their years of experience and knowledge of criminal law. Your attorney can represent you in court and manage negotiations with prosecutors. They can advise you on your options and file motions to suppress evidence when appropriate. Any steps they take are focused on protecting your rights and freedom.

Confident Representation

Crescent City Law offers aggressive, passionate, and personalized representation for drivers charged with a DUI, DWI, and other traffic offenses throughout Southeastern Louisiana. John Radziewicz represents clients who have been charged with their first, second, third, or fourth DUI.

John believes that a pedagogical approach to defending DWIs begins with an in-person meeting. There, we can discuss your individual case, its strengths and weaknesses, and explain all your options. In Louisiana, three or more offenses for DUI are a felony charge, which can carry strict penalties. John is confident in his strategies, bold in his approach, and effective at finding resolutions that avoid the harshest DUI penalties, such as long prison sentences and jail time.

Is It Worth Defending Yourself Against Your DWI?

Yes, every DWI or DUI is worth building a defense for. When you are charged with drunk driving, there are hidden costs, such as insurance increases or driving classes. If you are convicted of drunk driving 3 or more times, it is possible for the state to:

  • Seize and sell your vehicle.
  • Revoke your driving privileges.
  • Curtail your constitutional rights with a felony conviction.

John Radziewicz has defended hundreds of suspended driver’s licenses in Louisiana. As your lawyer, he can work hard for you to keep your driver’s license or secure a hardship license.

15 Days to Appeal: A New Orleans DUI and Traffic Ticket Defense Lawyer You Can Rely On

Every DUI case is actually two cases in one. The criminal charges will be handled separately from the driver’s license suspension. For many people, keeping their driving privileges is just as important as proving their innocence.

The license suspension hearing is the first opportunity to attack the evidence against you. Our firm has defended many clients who faced a suspended driver’s license in Louisiana. We can advocate tirelessly for you to keep your driver’s license or secure a provisional license, which can allow you to meet your family, work, school, and church obligations.

Tips for Finding the Right DUI Defense Lawyer

Not all attorneys are familiar with criminal law, and not all defense lawyers have experience in representing clients with DUI cases. Finding the right representation can be vital for shaping the outcome of your case. Look for an attorney who spends a significant portion of their time representing defendants in New Orleans. That way, you know you are working with someone who understands the local courts and how they operate.

In any case involving criminal law, experience matters. Look for someone who has years of experience. Recognition and awards from peer-reviewed groups and prominent publications are also positive signs that demonstrate the lawyer’s solid record of success in court. Once you have a good candidate, schedule a consultation and come with questions.

During your consultation, the attorney should be attentive to your questions and concerns. After learning about the basics of your situation, they should provide you with a general idea of what your case’s strengths are and what potential challenges you may face moving forward. They should also explain what they can do to position you for a favorable outcome in court.

Your Recovery Starts with the Right Legal Team.

Protect Your Future by Contacting Crescent City Law Today

When individuals in New Orleans are facing DUI charges, they turn to the defense attorneys at Crescent City Law for focused, results-driven representation. Our team takes the time to carefully review every aspect of the state’s case, including the traffic stop, field sobriety testing, and chemical test results, to identify inconsistencies or weaknesses in the evidence.

Once we develop a strategy tailored to a client’s case, we move forward with a methodical approach aimed at challenging the prosecution’s version of events. Our goal is to protect your rights, driving privileges, and future. Do not wait to secure the representation your case deserves. Contact our defense team today to schedule your initial consultation.

FAQs

How Often Are DUI Charges Dismissed?

DUI charges can and have been dismissed in New Orleans for a variety of reasons. When the defense brings up instances where the defendant’s rights were violated, a judge may dismiss a case. The prosecution may also drop charges when they can no longer move forward with the case due to insufficient evidence. These outcomes typically result from the efforts of the defendant’s attorney.

Is Every DUI Charge a Felony in Louisiana?

Should You Hire a Lawyer for a DUI Case?

Can a First-Time DUI Charge Be Reduced or Dismissed?

Can Police Missteps Help My Case?

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