I Was Arrested for a DWI in Louisiana: What Do I Do Next?

Being arrested for a DWI (Driving While Intoxicated) in Louisiana can be an overwhelming and disorienting experience. It’s important to maintain composure and be aware of the steps that should be taken to effectively handle this difficult situation. Each choice you make after your DWI arrest plays a big role in your overall legal strategy, which will significantly affect both the proceedings and the results of your case. By asserting your legal rights immediately, you can avoid further complications in this process.

At Big River Trial Attorneys, we want to provide you with important knowledge and practical steps to take immediately following your arrest. With our guidance, you can confidently address your DWI case. We’re here to explain your rights and guide you through this process, easing the journey ahead. Shape your future now by reaching out to Big River Trial Attorneys at 225-725-6000 for a free consultation.

DWI Police Procedures in Louisiana

When law enforcement officers in Louisiana suspect someone of driving while intoxicated (DWI), they follow a set of procedures to ensure that the situation is handled legally and safely.

1. Traffic Stop: Based on observable signs of impairment such as swerving, erratic driving, or a traffic violation.
2. Observation of Signs of Intoxication: The officer will interact with the driver to identify signs of intoxication such as slurred speech, alcohol odor, or visible alcohol containers. If impairment is suspected, field sobriety tests are administered to evaluate the driver’s condition.
3. Arrest: If the driver exhibits impairment signs or fails sobriety tests, they’re arrested for DWI and taken for a BAC chemical test, with license suspension for test refusal.
4. Chemical Testing and Booking: After the arrest and chemical testing, the driver is booked and may be held in custody until bail is posted or a court appearance takes place. The driver’s vehicle may be towed and impounded, and they will receive documentation regarding their arrest and rights, including information about the administrative hearing to contest the driver’s license suspension.

It is essential for anyone arrested for a DWI in Louisiana to be aware of these procedures and to think about getting legal help to deal with the complexities of the legal process. The fact that law enforcement takes your physical license does not mean you are automatically guilty of a DWI. It just means that the legal process is starting, and you need to respond to it legally right away.

3. Immediate Steps After a DWI Arrest in Louisiana

In the immediate aftermath of a DWI arrest in Louisiana, it’s crucial to know and protect your legal rights. The laws around DWI in Louisiana are strict, and your actions after being arrested can greatly influence your case and your future.

1. Preserve Your Rights

After a DWI arrest, you have the constitutional right to remain silent. Any statement made to law enforcement can be used against you in court. It is advisable to consult with a DWI attorney before answering any questions. This is your first step in avoiding self-incrimination and maintaining your driving privileges.

2. Securing a Temporary Driving License

Following a DWI arrest, you will be provided with a temporary driver’s license, allowing you to continue driving for 30 days. This temporary license, provided by the arresting officer, is something you should always have while driving. A DWI attorney can assist in preserving your driving privileges by helping you retain or regain a standard license or obtain a hardship license.

3. Requesting an Administrative Hearing

You must request an administrative hearing within 15 days of a DWI arrest to contest driver’s license suspension. Missing this window results in automatic license suspension. At the hearing, the judge reviews the evidence, the arresting officer testifies, and a decision is made regarding the suspension of your license.

If the evidence is deemed credible, you may either have your license reinstated immediately or be required to apply for a Louisiana hardship license and install an ignition interlock system in your vehicle.

Our team at Big River Trial Attorneys can provide guidance and support throughout this process, ensuring your rights are protected and working towards the most successful result for your situation.

Legal Limit and Chemical Tests

Louisiana’s implied consent law stipulates that if you operate a vehicle on public highways and are arrested for DWI, you’ve implicitly agreed to a chemical test, such as a breathalyzer test, to determine your alcohol content. Law enforcement can draw blood for a BAC test with a warrant or if serious bodily injuries are involved in the incident.

Understanding BAC Levels

In Louisiana, the legal blood alcohol concentration (BAC) limit for drivers over the age of 21 is .08 percent. However, underage drivers are subject to a stricter BAC limit of 0.02 percent. This means even a small amount of alcohol can lead to a DWI arrest for underage drivers.

Chemical Test Refusal Consequences

Refusing a BAC test in Louisiana is a serious decision with significant consequences. A first-time refusal leads to a driver’s license revocation for up to one year. Repeat refusals carry even harsher penalties, including potential criminal charges.

It’s important to remember that the duration of a license suspension after refusing a chemical test depends on your past DWI arrests and refusals.

Louisiana’s DWI Penalties

DWI convictions in Louisiana come with severe penalties, including fines, jail time, and license suspension. Whether it’s your first offense or a repeat violation, the financial consequences can run into thousands of dollars due to court costs, fines, and attorney fees. With Big River Trial Attorneys, skilled legal representation can significantly influence the outcome of your DWI case.

First Offense DWI Penalties

A first DWI conviction in Louisiana may result in:

• A range of fines
• Imprisonment for a period, where judges often have the discretion to suspend jail time in favor of probation, which can last from one to two years
• A requirement during probation to serve jail time, complete a substance abuse program, and participate in a driver improvement program.

Additional consequences can include community service obligations and the possibility of license suspension.

Enhanced Penalties for Repeat Offenders

Penalties for DWI offenses become more severe for repeat offenders, escalating to felony charges. A second DWI conviction may include:

• Increased fines
• A period of imprisonment
• Mandatory jail time without the possibility of parole or sentence suspension
• A substantial number of community service hours.

For a third DWI offense, the convicted individual could face:

• A higher fine
• An extended prison sentence
• A significant amount of community service hours
• A mandatory psychological evaluation
• Enrollment in a court-ordered treatment program

Multiple DWI convictions can lead to the permanent loss of driving privileges in Louisiana, underscoring the critical nature of understanding Louisiana DWI laws and the broader legal context.

Child Endangerment and DWI

Child endangerment during a DWI in Louisiana is a serious offense. Operating a vehicle while impaired, or engaging in drunk driving, with a minor under 12 years of age in the vehicle can lead to severe penalties, including jail time and fines.

Commercial Drivers and DWI

Commercial drivers face stringent penalties for DWI convictions in Louisiana, including those related to a DWI offense. A first offense can lead to a minimum one-year suspension of their commercial driver’s license and potentially additional penalties like jail time and fines. A second offense can result in a lifetime disqualification of their commercial driver’s license.

The BAC limit for commercial drivers is set at 0.04%, significantly lower than the limit for non-commercial drivers. These consequences can severely impact their livelihood.

Facing a DWI as an Underage Driver

Underage drivers in Louisiana face strict penalties for DWI convictions. The BAC limit for underage drivers is significantly lower, being considered legally intoxicated with a BAC of 0.02% or higher. Penalties for a first-time offense may include up to six months imprisonment, a fine not exceeding $1,000, and a license suspension lasting approximately 180 days. For subsequent offenses, the penalties become more severe.

Please be aware that the legal regulations mentioned including potential dollar amounts or imprisonment lengths may change over time. For the most current and accurate information, consult with a legal professional to ensure accuracy in your specific situation.

Impact on Credit Score and Personal Life

While a DWI conviction does not directly affect your credit score, the financial strain from fines, legal expenses, and increased insurance premiums can make it harder for you to keep up with other financial responsibilities. Unpaid DWI fines may be reported to credit bureaus by debt collection agencies, which can lower your credit scores.

Using credit cards to pay for DWI-related expenses, including a DWI charge, can lead to higher credit utilization, negatively impacting your credit scores. Individuals with a DWI conviction may be subject to higher interest rates on loans and credit cards, as lenders may view them as higher-risk borrowers.

Your DWI Attorney in Your Case

Hiring a DWI attorney in Louisiana can significantly affect the result of your case. A knowledgeable attorney can help:

• Protect your rights
• Scrutinize evidence
• Build a tailored defense strategy
• Negotiate with prosecutors for charge reductions or dismissals

Big River Trial Attorneys can be your staunch in handling the challenges of a DWI case in Louisiana. With thorough knowledge of DWI laws and legal procedures, our attorneys are prepared to protect your rights and challenge the evidence presented against you. From scrutinizing the accuracy of breathalyzer tests to questioning the legality of the traffic stop, we work diligently to build a defense strategy that’s tailored for your case. Our experienced lawyers are adept negotiators who can communicate with prosecutors to possibly reduce your charges or penalties. We also assist you through administrative hearings, helping you to maintain your driving privileges. With Big River Trial Attorneys by your side, you’ll receive comprehensive support and a defense aimed at securing the best possible outcome for your situation.

Analyzing Evidence and Building a Defense

A DWI attorney from Big River Trial Attorneys can provide the following services:

• Meticulously analyze the incident to identify any improprieties in the traffic stop or arrest
• Question if protocols and constitutional rights were observed, potentially leading to the dismissal of evidence or charges
• Rigorously scrutinize the breathalyzer’s accuracy and the proper administration of tests, potentially undermining the prosecution’s case

Substantiating alternative explanations for behavior that may mirror intoxication, such as a medical episode or restrictive apparel, can provide a pivotal counter-narrative to the charge of intoxication. A substance abuse evaluation can help in determining the true cause of the observed behavior.

Negotiating with Prosecutors

Our experienced DWI attorneys at Big River Trial Attorneys can negotiate plea deals with local courts and prosecutors, sometimes even leading clients to plead guilty. Utilizing knowledge and experience, our team aims to lessen charges and penalties. Negotiating a plea deal can result in the reduction of charges or penalties, which may be advantageous to the defendant. It is crucial to be aware of potential hidden risks that may not be obvious without legal guidance.

Protecting Your Future

A DWI arrest can leave a lasting impact on various aspects of your life, including employment, insurance, and your criminal record. Big River Trial Attorneys can help you manage these challenges with our skilled DWI defense strategies and guidance.

Employment and Insurance Considerations

Individuals convicted of DWI may experience:

• Job loss
• Difficulty securing employment due to a tarnished reputation and the loss of driving privileges
• Significant barriers during employment background checks
• Hindered career advancement

A permanent DWI on a criminal record can have these effects. The economic impact of a DWI conviction can extend to reduced earning potential, affecting your ability to manage financial responsibilities and maintain a healthy credit score.

Expungement Opportunities

Expungement is a challenging legal process and consulting an experienced DWI attorney is essential to navigate the eligibility and procedures. Despite expungement, certain agencies and employers may still have access to the individual’s expunged criminal history. Employers or educational institutions may request expungement documentation even after a DWI has been cleared from the record.

Court Preparation with Big River Trial Attorneys

Facing the challenges of traffic court can be a daunting experience, but with Big River Trial Attorneys, you’re not alone. Our team provides comprehensive support to ensure you’re fully prepared for your day in court. Here’s how we assist you:

1. Legal Representation: From the moment of your arraignment, our DWI attorneys are by your side, offering legal advice on how to approach charges and leveraging our experience to strengthen your defense.
2. Understanding Local Laws: We help you understand the specific laws of your parish, including any diversion programs that might be available to you, ensuring that you’re taking advantage of every legal opportunity.
3. Evidence and Documentation Organization: Our attorneys assist in gathering and organizing all necessary documentation and evidence to support your case, providing a well-structured defense strategy tailored to your unique situation.

How Big River Trial Attorneys Can Help You

At Big River Trial Attorneys, our experience with Louisiana’s DWI laws is leveraged to craft strategic defenses aimed at reducing or dismissing charges. Our approach is detailed and client-focused, ensuring personalized legal strategies that consider each individual’s unique situation.

Our DWI attorneys can offer you:

• Depth of Experience in Legal Procedures: We use our knowledge to pinpoint weaknesses in the prosecution’s case, such as faulty evidence or arrest procedures.
• Tailored Defense: Strategies are customized, potentially challenging breathalyzer accuracy or the legality of stops.
• Court Representation: We advocate on your behalf, aiming for favorable results.
• Negotiation Skills: Our attorneys negotiate with prosecutors to lessen charges and penalties.
• Administrative Hearing Guidance: We assist in retaining driving privileges during license suspension hearings.
• Comprehensive Support: Clients receive ongoing advice and support throughout their case.
• Rights Protection: We safeguard your rights from arrest to court, preventing self-incrimination and preserving your defense.

Call The DWI Attorneys at Big River Trial Attorneys Today

If you’re facing a DWI charge in Louisiana, don’t let uncertainty decide your next move. Take control by reaching out to Big River Trial Attorneys. With our dedicated legal team ready to defend your rights, you can approach your case with confidence. Call us at 225-725-6000 for a free consultation, and explore how we can help you manage your DWI case. The right support can make all the difference, so contact us today!

Frequently Asked Questions

Can I refuse to take a field sobriety test in Louisiana?

Yes, you have the right to refuse a field sobriety test in Louisiana, but doing so can lead to serious consequences. Refusal may result in the immediate suspension of your driver’s license and can be used as evidence of impairment in court. While refusal might seem like a way to avoid providing evidence against yourself, it can negatively impact your legal defense and the outcome of your case.

What happens if I’m from another state but get a DWI in Louisiana?

If you are licensed in another state and receive a DWI in Louisiana, you will be subject to Louisiana’s DWI penalties and may also face consequences in your home state. The Interstate Driver’s License Compact facilitates information sharing between states, which means your home state will be notified of the offense. This can lead to additional penalties, such as license suspension, according to your state’s laws, and can affect your driving privileges nationwide.

Are there any alternatives to jail time for a DWI conviction in Louisiana?

Louisiana courts may offer alternatives to jail time for a DWI conviction, such as probation, community service, or mandatory participation in substance abuse programs. These alternatives are often considered for first-time offenders or when mitigating circumstances suggest that rehabilitation is more appropriate than incarceration. The final decision rests with the court, and such alternatives are intended to promote responsible behavior and reduce the likelihood of future offenses.

How long does a DWI stay on my record in Louisiana?

In Louisiana, a DWI conviction remains on your record permanently. However, under certain conditions, you may petition the court for expungement of the DWI record. To qualify for expungement, you must have fulfilled all the conditions of your sentence, including any probation period, and you must not have been convicted of any subsequent offenses. The expungement process is designed to provide a fresh start to individuals who have demonstrated that they have learned from their past mistakes.

What should I do if I’m stopped for a suspected DWI but haven’t been drinking?

If you’re stopped for a suspected DWI in Louisiana and you haven’t been drinking, remain calm and cooperative. Politely inform the officer that you have not consumed alcohol. You have the right to refuse field sobriety tests and BAC testing, but be aware that refusal can lead to immediate license suspension and may be used against you in court. It’s advisable to contact a DWI attorney as soon as possible to discuss the situation and ensure your rights are protected throughout the process.