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| GREG
GOUNER ATTORNEY AT LAW DWI/DUI It can happen to nearly anyone. On a Friday or Saturday night, you have had a few drinks and see the flashing lights of the patrol car. This is often the first part of a very bad night that can include several hours or sometimes several days of time in jail. Baton Rouge (225) 293-6200 Toll Free: (800) 404-1921 |
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| THE BASICS: | Louisiana has a DWI cutoff of
.08 grams of alcohol per blood or breath sample (BAC). This means that
after typically three or more drinks (see chart) most
people are driving above the limit. Following
the initial stop, the police officer will generally ask that you submit to
several physical tests and answer a series of questions including where you
were coming from and how much you had to drink. Depending on the answers,
he will likely take you to the police station and ask you to blow into a
Breathalyzer machine. |
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| THE INITIAL STOP: | Most DWIs begin by the officer
stopping your vehicle on a pretext or other minor violation in the hope that
you have been drinking. This normally happens at night after 8:30 P.M..
when the officer knows that a significant number of motorists have had
drinks. Often the cop will stake out a bar or other location that he
knows people will have consumed alcoholic beverages. The officer stops the vehicle and then begins to ask the driver questions designed to elicit a confession that you have been drinking and feel impaired. The cop will then attempt to get the driver to take what he will claim are “standard” field sobriety tests. |
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| THE INITIAL STOP: Field Tests | As a general rule, you should refuse the field tests. There is no established penalty for such a refusal but the officer will probably take you to the station for a blood or breath test for alcohol. The main reason that you should refuse the field tests is that they are very subjective meaning that the officer is the sole judge of whether you passed or failed. There will likely be no tape or other evidence showing how well or poor you performed the exams – only the word of the arresting officer. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| THE INITIAL STOP: BAC | Once at the station, your
should refuse the breath or blood test unless you really believe that you will
pass. There is a suspension of your driver’s license for refusal
but also a suspension (slightly shorter) if you fail the test.
However, if you score significantly above the limit on a 1st or
2nd offense DWI there is mandatory jail time. |
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Click here for answers to 10 most Frequently Asked
Questions |
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| AFTER THE ARREST: | HIRE AN ATTORNEY. Whether
you hire this office or another, do not attempt to handle the case on
your own. The District Attorney (DA) prosecutes these cases
daily. You will hopefully only have one over your lifetime. Should
you go against the DA on your own you will be mismatched. Both the cop
and the prosecutor are experienced and familiar with the process: you are
likely the only novice to the procedure. An attorney can examine the basis for the stop and whether the police officer did his job right. Depending on the circumstances, it is not uncommon to have the entire charge dismissed or won in court. Even if you are convicted or have to plead guilty, an attorney may still be able to keep the charge off your record. Sometimes hiring a lawyer can help you avoid the mandatory jail time or lessen the hours of community service. It is also especially necessary to hire a lawyer on higher grade DWIs to examine the previous convictions to see whether you should have been charged with a 1st offense instead of a 2nd, 3rd, or 4th level DWI. |
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Click here for answers to 10 most Frequently Asked Questions |
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| Divorce | Employment | DUI | Adoption | Bankruptcy | Eviction | Criminal | Traffic | Injury | Contact | Home |