Brought to you by Colorado DUI Drunk Driving Defense

Search for Indiana DUI Attorneys by County.

Baton Rouge DWI Lawyers

• Miller & Hampton: Ten Most Frequently Asked Questions About Drunk Driving Cases 1. Do I have to take field sobriety tests if asked to do so by a police officer? No. Field sobriety tests must be done (in order to be admissible) on a voluntary basis. The police officer is not allowed to force you to do them. Keep in mind that statements that you make as reasons for not voluntarily participating in field sobriety tests may be admissible at trial. Statements like "I couldn't do that even if I was sober" may prove to be as, if not more, harmful than failing the tests. If you do not wish to attempt the tests, you may simply decline the police officer's request that you voluntarily participate. 2. Should I submit to chemical testing at the officer's request? If you refuse to submit to chemical testing, you will receive an administrative suspension (prior to your court date) of at least 180 days. Even if you request an administrative hearing, the suspension will remain in effect until the date of the hearing. If you lose the administrative hearing, you will not be eligible for a work restricted license until 180 days have passed. In the criminal case, if you are convicted, and if you refused to be tested, you will receive an additional license suspension of at least 90 days and a minimum jail sentence of four days and a fine. Penalties for multiple offenders are more severe. If you take a test, the administrative suspension will be 90 days at a minimum (first offenders). However, unlike people who refuse testing, you will keep your license until the date of the administrative hearing. Even if you lose that hearing, you are entitled to a work restricted license immediately (processing takes about 10 - 14 days). In the criminal case, if you are convicted, and if you took a test, there will be a minimum license suspension of 90 days. You may obtain a restricted license for the last 30 days if you have completed counseling (the degree of counseling varies depending on the test result). You will also receive a fine (minimum $400) and a minimum 48 hour jail sentence if the result is a .15% BAC or higher. These are minimum penalties. People with prior convictions are subject to higher fines, longer suspensions and longer jail sentences as are people whose cases involve other aggravating factors. 3. Should I admit to or deny drinking alcohol if asked by a police officer? The officer can not tell how much you have had to drink by smelling your breath. However, if he is asking, he probably smells it. Even drinking a small amount of alcohol results in "an odor of intoxicating liquor" on the breath for a relatively long period of time. Lying to the officer may be considered "consciousness of guilt" by a jury and/or undermine your credibility at trial. Remember, you are afforded a constitutional protection against self incrimination. You may simply tell the officer that you do not wish to answer his question. Likewise, you may tell him what you have had a drink if it was a relatively small amount (i.e. not enough to impair you or cause you to exceed the legal limit). If you are inclined to deny drinking when, in fact, you have been, remember that the police officer will be inclined to trust his nose more than his ears. 4. Is the police officer's failure to give me Miranda warnings fatal to the State's case? Not necessarily. The officer is only required to provide you with Miranda warnings when, and if, the following occurs: 1. You are in custody (the roadside investigation is rarely deemed to be custodial), and 2. You are being interrogated (i.e. asked questions which are designed to illicit incriminating responses). The remedy for Miranda violations is that the State is not allowed to introduce your answers/statements that were obtained by that violation in its case-in-chief. There is no automatic dismissal of the charges. 5. Do I get to choose among the different chemical tests? Under most circumstances you do not. The officer is allowed to require a breath test unless it is deemed "unreasonable." If you are allowed a blood test, you may have "a physician" draw your sample, if "a physician" is reasonably available. Police officers have been misled to believe that you may only chose a doctor if it is your doctor and he/she is reasonably available. 6. How do I pick a lawyer to defend me against charges of drunk driving - OUI, DUI, or DWI? Shop around. Drunk driving defense is a special field of criminal defense which, in turn, is a special area of the practice of law. Do not be afraid to ask lawyers tough questions; make sure the lawyer whom you pick has won drunk driving trials and is willing to try cases that ought to be tried. Do not choose a lawyer who appears to simply want your money and not represent you zealously and fairly. 7. If my test result is a .08% or higher, am I automatically guilty? No. Breath testing and blood testing are often inaccurate methods of calculating a person's true blood alcohol concentration. Sometimes the BAC at the time of testing does not accurately reflect that person's BAC at the time of driving. Other times the test result is just wrong due to errors on the part of the person taking the sample, other chemicals being reported as alcohol, contamination, and/or failure to maintain proper protocol in calibration checking of the testing instrument, etc. 8. Am I entitled to the advice of an attorney before deciding whether or not to submit to chemical testing? No. However, some officers (very few) will give you a chance to call a lawyer. 9. How much does it cost to hire a lawyer to defend me? It depends on the lawyer and the circumstances of the case. We charge flat fees to cover your legal expenses through a jury verdict if the case goes that far. There are additional fees for expert witnesses (usually a forensic chemist) and private investigators. We only use experts and/or investigators after first consulting with you regarding the costs and benefits of retaining them. top 10. Why should I hire a lawyer? Drunk driving defense is a highly specialized field within the general practice of criminal defense and law, in general. Many lawyers will take your case and be unaware of potential defenses due to their lack of knowledge in drunk driving defense as opposed to other areas of practice. If you are serious about your case, you should hire someone with the experience and ability to defend you zealously and effectively.
• Messina, Rodney: Handling the Administrative and Criminal Aspects of Your DUI Case The administrative component of a DUI case involves the Louisiana Department of Public Safety. Before your criminal case commences, the DPS can suspend your driver's license. We help you schedule a hearing before that governing body to fight for your legal ability to drive and prevent license suspension. Managing your criminal case will involve extensive review of all the procedures followed leading up to and during your arrest. The motivation for the initial stop and the field sobriety, breath and chemical testing must be thoroughly analyzed. The arresting officer must have just cause to pull you over. Additionally, law enforcement must follow strict procedures in testing. Anything done that violated your rights will be brought to light and we will seek immediate dismissal of your DWI/DUI charges.
• Michael Fiser:

  The officer who arrested me took my driver’s license. How do I get it back? What is an interlock device? What is the legal blood alcohol limit? How long will my license be suspended? I have to go to work/school, what do I do? What is a license suspension hearing? Can I refuse to take the breathalyzer test? What are the penalties for a DUI/DWI? Will I have to go jail? Do I have to have a lawyer? What will it cost to hire a lawyer? What is the difference between a felony and a misdemeanor? The officer who arrested me took my driver’s license. How do I get it back? If you are arrested for DUI/DWI your license is taken by the officer, and you are given a temporary license that is good for 30 days. You must act within 15 days from the date of your arrest to have any possibility of reclaiming your license. Your lawyer can file a request for a hearing to contest your license suspension, but it must be done within that time frame, the sooner the better. What is an interlock device? An interlock device is a breath-alcohol detection machine that is installed in a personal vehicle to monitor the level of intoxication of the driver. These devices are sometimes used as conditions for license reinstatement, bonds, probation, or sentencing for DUI / DWI defendants. What is the legal limit for drinking and driving? If you are over 21, you are presumed to be to drunk to drive if you take a breath test and blow .08 or higher. If you are under 21, the limit is .02. How long will my license be suspended? Again, every case is different. The length of suspension depends on whether or not you refused to take a breath/blood test or not, the level you registered if you took the test, and whether or not you have prior DUI / DWI convictions. I have to go to work/school, what do I do? To drive to work or school, you need a license. Your lawyer can help you by requesting a hearing to reinstate your license or to obtain a hardship license. There are methods by which you can retain your legal ability to drive, and your attorney can help you in this process. What is a license suspension hearing? The hearing to determine whether or not you keep your license is separate and apart from the trial that determines whether or not you are guilty of the charge of DUI / DWI. The license suspension hearing determines whether or not your license will ultimately be suspended. A lawyer can help protect your rights during these proceedings. Can I refuse to take the breathalyzer test? Yes. You have a legal right of refusal to take the breathalyzer test, but there may be harsh consequences if you do refuse. You can only be forced to take the test if there was an accident with injuries or if law enforcement obtains a warrant. What are the penalties for a DUI / DWI? Penalties are dependent upon on the grade of the offense (1st, 2nd, 3rd, DUI / DWI, etc.) and, if the person took the breathalyzer or blood test, the level of intoxication. Will I have to go jail? Every case is different. Your circumstance dictate what your expectations can be. There are many factors that contribute to what your expected outcome maybe, including whether or not this is first offense and how high a reading you registered on the breathalyzer. Do I have to have a lawyer? A lawyer is not required in any legal proceeding, but it would be certainly be in your best interest to have someone who is trained and experienced in the nuances of defending DUI/DWI cases to make sure your rights are protected to the full extent of the law. In the same way that you can set your own broken leg instead of consulting a doctor, it is possible, but not a good idea. What will it cost to hire a lawyer? The question is not whether you can afford a lawyer, but whether you can afford not to have one. The justice system is very unforgiving and there are no second chances. Make sure that the choices you make are the right ones. My fees are reasonable, fair, and in accordance with the level of offense and time your case will require. Rather than make a blanket assertion of fees, I prefer to consider the full circumstances and work with clients to arrive at a fee that is appropriate for each case. What is the difference between a felony and a misdemeanor? The law divides criminal offenses into two types: felonies and misdemeanors. In general, misdemeanors are “minor” offenses, requiring jail time of less than a year. Felonies, on the other hand, are considered “major” offenses and can range from a third offense DUI / DWI to murder. A felony conviction means you no longer have the right to vote, hold public office, or possess firearms.

• Brown Law Firm: It is essential that, if you have been arrested or charged with a crime, you preserve all of your options. Do not make any statement to police, prosecutors, or others until you have discussed your situation with an experienced Louisiana criminal lawyer.
• Delatte, Edwards and Mercantel: If you have been recently charged with Driving While Intoxicated in the State of Louisiana. I understand that you are probably very confused and concerned about what will happen next and what you need to do. A DUI/DWI actually consists of two separate offenses. The first involves your driving privileges (suspension of your drivers license), and is considered civil in nature. The second is actually the DUI/DWI, which is a misdemeanor or felony criminal offense, and could result in jail sentence of 0-30 years, fines and the loss of your vehicle, depending on the offense.
• Thomas Damico: You have 15 days to request an administrative hearing. Failure to do so will result in the suspension of your driving privileges.
• The Tadda Law Firm:

  A DUI - DWI conviction in Louisiana carries with it heavy penalties.

  A cultural stigma has become associated with drunk driving that was not present in our society even a decade ago. Public perception categorizes people charged with drunk driving as criminals, even before they have been convicted of any crime. Being arrested for drunk driving, driving under the influence (DUI), or driving while intoxicated (DWI) can be an unsettling proposition, to say the least. A DUI - DWI conviction in Louisiana carries with it heavy penalties, including:

  • A permanent criminal record
  • Suspension or loss of license
  • Increased insurance rates
  • Community service
  • Possible jail or prison time
  • Alcohol assessment and treatment
  • Probation
  • Vehicle immobilization or forfeiture
  • Serious fines
  • Possible job loss

  If you have been arrested or accused of drunk driving, DUI, DWI, vehicular homicide, or any other alcohol-related criminal offense, you are probably frightened, confused, and concerned about your future and that of your family. The selection of an experienced attorney is the first step towards regaining control of your life. There are procedural deadlines which must be followed immediately to protect your interest...

• Simmons & Associates:

  There are two aspects of a DWI, the first concerns your driving privileges.  A temporary license was issued to you when you were charged. You only have 15 days to request an administrative hearing.  If you allow this time to pass without securing a hearing, your license will be suspended for a minimum of 90 days.  The second aspect is the actual DWI which is a criminal offense that could result in a jail sentence and fines.

  You should be mindful that you only have 15 days from the date of your arrest to protect your driving privileges.  A suspension will affect the near future and could ultimately have far reaching affects in your life.  Therefore, time is of the essence for you to seek legal advice. Failure to do so could be detrimental to your case. The court date that you are given by the officer at the time of arrest, or on your bond paperwork has nothing to do with your driving privileges. You are not automatically eligible for a hardship license at this point, and the court date will not secure you such.

  Refusal of a Breathylizer or Field Sobriety test is your right. If you do not submit to these tests, you run the risk of having your license suspended for 180 days. However, if you do submit and fail, it will provide evidence to be used against you. You are only required to provide the officer with your identification, registration and proof of insurance, and you are only required to answer questions that establish your identity. You are not required to answer questions such as "How many drinks have you had tonight?".

  If you are asked to take the breath - alcohol test, then you are under arrest for DWI. This means that the officer making the arrest has reasonable grounds to believe that you have been driving under the influence. There are exceptions to when you will not be allowed to refuse the test, if the officer has reasonable grounds to think you are driving under the influence and you have refused the test at least twice before on previous stops, or someone has been killed or seriously hurt as a result of an accident.

  If you are pulled over for a suspicion of a DWI/DUI, provide the officer with your identification and required papers, politely refuse the tests, answer any questions that establish your identity, and if he chooses to arrest you, stay quiet. Hire an attorney immediately, and argue it in court.

  Of course, the safest choice is always to not drink and drive!

  Remember: TIME IS OF THE ESSENCE! You MUST request a hearing within fifteen days of your arrest! Your first order of business after a DWI arrest is to secure legal representation!

• Francis Rougeou: Jurisdiction is a court's power to hear and to decide cases. There are two types of jurisdiction. The two types are subject-matter jurisdiction and personal jurisdiction. Subject-matter jurisdiction is the power of a particular court to hear and to decide certain types of cases. Personal jurisdiction is the power that a court exercises over a particular person.
• Joseph Long: Driving while intoxicated (DWI) or driving while under the influence of alcohol or narcotics (DUI) is a serious offense. If anyone is injured by your actions, you may face serious criminal and even homicide charges. If it's your first offense, and if no injury is involved, you may think the consequences may be as light as a fine and a suspended license or less. But make no mistake, prosecutors are doing everything possible to put even first-timers in jail these days. If you take the breath test and register .15 or higher, you have to do jail time if convicted. Suspension or revocation of your license can last from 90 days to a year and a half, or perhaps even longer. The rules covering loss of license are too complicated to explain here. If you have questions, call us today. Another consequence of DWI/DUI is the potential loss of your license. In Louisiana, if your blood alcohol content is more than .08%, the state requires the police officer to take your license immediately. If you refuse a breath test the officer will likewise take you license immediately, and your license is gone for six months. This can be reviewed, but you have to ask for a review immediately. In Louisiana you have 15 days from the date of arrest to request an administrative hearing in writing. If you miss the deadline, you will have no further chance of appeal.
• Miller, Lucius & Hampton: Q: Do I have to take field sobriety tests if asked to do so by a police officer? A: No. Field sobriety tests must be done (in order to be admissible) on a voluntary basis. The police officer is not allowed to force you to do them. Keep in mind that statements that you make as reasons for not voluntarily participating in field sobriety tests may be admissible at trial. Statements like "I couldn't do that even if I was sober" may prove to be as, if not more, harmful than failing the tests. If you do not wish to attempt the tests, you may simply decline the police officer's request that you voluntarily participate.
• Ivey Law Firm: Face-to-Face contact and what the police officer is looking for A. The first observation the officer will make is the manner in which the suspect exits his vehicle. I found, through experience, that a good sign of an impaired driver is where, as he attempts to exit his vehicle, he seems to search for the ground with his left foot, grasps the car door and door frame with his hands to help him exit, or leaves the vehicle in gear as he exits his vehicle. B. Unless the officer is dealing with a driver whose intoxication symptoms are extreme or obvious, the first thing the driver will be asked for is his driver's license, proof of vehicle insurance, and vehicle registration. (Note that the driver is being asked to produce multiple documents. The reason behind this type of request is that alcoholic-beverage consumption impairs one's ability to perform multiple tasks at the same time.) In response to the officer's request, not only must the driver find and produce the correct documents, he must also remember what the officer has asked him to produce. Here, a police officer will be watching for the following mistakes which may be indicative of an impaired driver: -the driver's response to the request is incomplete, in that he finds and produces only his driver's license and registration, or some combination thereof; -the driver produces expired documents; -the driver repeatedly searches through a stack of papers looking for his insurance and/or registration but cannot find them, all the while the officer has seen the driver pass over the very documents he has requested; -the driver produces the incorrect documents, such as handing over a credit card instead of his driver's license -the driver has "butter fingers" in that he drops things Additionally, the officer may interrupt the suspect-driver's document search with a question in order to see if, after answering the question, the driver has the presence of mind to return to the search for what the officer has asked. (Remember, in a DWI investigation, a main investigative tool is seeing how the suspect reacts and responds to having his attention divided. This concept is further explored in the field sobriety testing segment below.) C. During this stage of the officer's investigation, it is likely he will detect, and make note of the following: -an odor of an alcoholic beverage; -slurred, stuttering, or incoherent speech; -swaying balance, or the driver's need to balance himself by leaning against his vehicle or other fixed object.
• Buddy Stockwell: Despite the fact that persons have a right to privacy and do not have to give any statements to police, you would be surprised how many people voluntarily allow the police to search their vehicles, or give statements to police instead of remaining quiet and seeking the advice of an attorney. Instead, persons routinely and voluntarily fail to enforce their rights to privacy and prosecuting officers utilize information against the party in order to obtain a conviction.
• Greg Grouner: 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.
• Richard Upton:

  A criminal defendant has a right not to testify, and jurors will be told that they cannot assume anything negative if the defendant decides to keep quiet. Of course, some jurors do make assumptions-and they cast their votes accordingly. On the other hand, there are some excellent reasons why a defendant might remain silent in court:

  • If the defendant has previously been convicted of a crime, the prosecutor may be able to bring this fact out-but only if the defendant testifies. Evidence of a previous crime may cause some jurors to think that the defendant is guilty of the current crime, too.
    
    
  • If the defendant testifies, the prosecutor may be able to bring out other information that tarnishes the defendant's reputation and discredits his testimony.
    
    
  • Some defendants have a poor demeanor when speaking in public. A judge or jury may not believe a defendant who, though telling the truth, is a nervous witness and makes a bad impression.
    
    
  • The defendant may have a perfectly good story which would nevertheless sound fishy to the average jury in that particular locale.
    
    
• McGlynn, Glisson & Koch: The first line of defense is to challenge the reason that you were stopped. There are many things that you need to do before appearing in front of a judge.
• Babcock Law Firm: Defense of a Louisiana DWI or Louisiana DUI charge can be quite challenging.€ Challenge number one is that the main witnesses are the police.€ Challenge number 2 is that there is scientific evidence from the breath test and/or the blood tests being presented against you.€ The officer's testimony, and Standard Field Sobriety tests may also present damaging evidence against you.
• Brown Law Firm: There is a tremendous amount at stake for you. If you plead guilty you are facing 10 days to 6 months in jail, fines up to $ 1,000.00, 32 hours of forced community service, which may include picking up trash on the side of the highway, and a 90 day suspension of your license, all for just a 1st offense. If you blew above .15 there is mandatory jail time. With the potential risk so great you have no choice but to fight. An experienced DWI lawyer has tools available to defend your case. Remember you are innocent unless the State proves you guilty. Do not make the mistake of assuming the State can prove you guilty. Mistakes are made every day in DWI cases.
• Ben Gibson: Although you are not required to have an attorney, it is a good idea to retain one if you have been placed under arrest, or charged with DUI/DWI, particularly if you have seriously injured or killed another person. DUI/DWI laws are strictly enforced. While there may be some arguments that you can make in your defense, or mistakes that were made by the police, your chance of successfully making those arguments or finding those mistakes is much greater if you have an attorney assisting you sooner, rather than later. Invoke your right to remain silent, and ask to speak to an attorney. If you are faced a DUI/DWI charge, an attorney may be your only hope for avoiding or reducing any penalties or imprisonment you face.
• Delatte, Edwards & Marcantel: In Louisiana, the traditional offense is "underage driving under the influence of alcohol" (UDUI), or "driving while intoxicated" (DWI). UDUI requires only a .02 blood alcohol level and is used to charge persons under the age of 21 years old. DWI requires a blood alcohol level of .10. If you submit to the test and test above the levels you are presumed to be intoxicated. However, if you refuse the test generally the officer will charge you with a DUI and be required to prove intoxication.
• Jim Holt: Nearly 2 million drunk-driving cases are filed by law enforcement officers around the country every year.2 These cases take up a large portion of the criminal docket of most court systems. Because the penalties for drunk driving have increased, many of those charged with this crime now must seriously consider alternatives to pleading guilty or nolo contendere. For the rest of the 1990s, the absence of palatable alternatives for the accused driver will lead to a dramatic increase in these trials.