|
|
| 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.
|
| A BAC above 0.15 now
requires mandatory jail time - even on a first offense. It is
more important than ever to have a qualified, expert attorney on your
side. |
| Penalties: |
|
| POSSIBLE JAIL TIME |
- 1st DWI –32
hours Community Service, Driver Improvement Program, Substance Abuse
Counseling, Mandatory Jail Time (depending on BAC) and up to six months in
jail.
|
| JAIL
TIME IS NOW REQUIRED |
- 2nd DWI –240
hours community service, Driver Improvement Program, Substance Abuse
Counseling, Mandatory Jail Time, and up to six months in
jail.
|
- 3rd DWI
–One to Five Years Jail. (FELONY)
|
- 4th DWI –Ten
to 30 Years Jail. (FELONY)
|
All DWIs may include the
loss of your Driver’s license.
|
| 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.
|
| 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.
|
Click here for answers to 10 most Frequently Asked
Questions
|
| 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.
|
| |
| Blood
Alcohol Content (BAC) as a function of Drinks |
| DRINKS PER TWO HOURSOne drink is 1
ounce of 100 proof liquor, 12 ounces of beer, or 4 ounces of table wine.
Fatigue, food intake and other conditions may cause your blood alcohol level to
be different. |
weight in pounds |
| 100 |
120 |
140 |
160 |
180 |
200 |
1
 |
.04 |
.03 |
.03 |
.02 |
.02 |
.02 |
| 2
|
.08 |
.06 |
.05 |
.05 |
.04 |
.04 |
3
|
.11 |
.09 |
.08 |
.07 |
.06 |
.06 |
| 4
|
.15 |
.12 |
.11 |
.09 |
.08 |
.08 |
| 5
|
.19 |
.16 |
.13 |
.13 |
.12 |
.09 |
| 6
|
.23 |
.19 |
.16 |
.15 |
.14 |
.11 |
| 7
|
.26 |
.22 |
.19 |
.17 |
.16 |
.13 |
|
Click here for answers to 10 most Frequently Asked
Questions |
