Criminal Defense » DWI/ DUI DWI Louisiana
Throughout the United States in 2007 according to the Department of Justice, there were 1.4 million arrests for DWI/DUI. In correlation to the number valid drivers in the United States, nearly 1 out of every 151 drivers in the United States will be arrested for DUI/DWI charges in the upcoming year. For DWI, Louisiana state laws have general guidelines in defining what constitutes a DWI charge. For starters, the operation of a motor vehicle under the influence is just one of the many actions that can lead to a DWI.
Other actions, if done under the influence, potentially liable for a DWI Louisiana arrest include:
- Operating any form of watercraft
- Driving a motorcycle
- Riding a bicycle
- Operating any aircraft
- Driving a motor vehicle
- All other methods and forms of conveyance
Though objective standards for ascertaining drivers who are under the influence of alcohol prevail across the country and the state of Louisiana, the influence of other factors and substances are much more subjective, which is beneficial to individuals facing these charges. DWI Louisiana laws, according to R.S.14:98, note any driver over the age of 21 as intoxicated when possessing a blood alcohol content of or over .08%, and for drivers under the age of 21, illegal levels of intoxication occur with a blood alcohol content of .02% of higher, according to DWI Louisiana law. With regards to DWI charges, however, under the influence can be the result of any number of very subjective conditions and actions, which can include:
- Prescription medications, whether taken illicitly or legally
- Over the counter medications
- Sleep deprivation or driver fatigue
- The gamut of illegal drugs and substances
For drivers and arresting officers, there are typically no standard methods of objectively ascertaining whether or not a driver is “intoxicated” due to the aforementioned substances and conditions. Additionally, the presence of items, such as medications and sleep fatigue, is virtually untraceable or admissible in the court of law if taken legally. Though officers will attempt to coerce information from drivers suspected of Louisiana DWI at the scene of traffic stop, no information should be provided verbally. In most cases of DWI, the only evidence presentable at a trial is the testimony of officers at the scene, which can be minimized in direct correlation to the amount of information arrested drivers provide.
Aside from testimony, whether from officers, dashboard cameras, or statements made by drivers under suspicion of DWI Louisiana, individuals may be asked to provide a urine or blood sample to ascertain the presence of illicit or legal substances in their system, and the concentration levels of these substances. Refusal to submit to these breath, urine, or blood sample requests will result in the following penalties according to DWI Louisiana laws:
- First refusal: automatic driver’s license suspension of six months
- Second refusal: automatic driver’s license suspension of one year
- Third refusal: automatic driver’s license suspension of eighteen months
- Fourth refusal: automatic driver’s license suspension of eighteen months
For individuals under the age of 21, the Louisiana DWI laws differ in regards to refusal to submit to breath, urine, or blood samples in the event of a DWI arrest in the state of Louisiana. Refusal to submit to breath, urine, or blood sample requests will result in the following penalties for persons under the age of 21 according to DWI Louisiana laws:
- First refusal: automatic driver’s license suspension of 180 days
- Second refusal: automatic driver’s license suspension of eighteen months
- Third refusal: automatic driver’s license suspension of eighteen months
- Fourth refusal: automatic driver’s license suspension of eighteen months
Bloom Legal, in New Orleans, boasts a widely respected reputation for counseling clientele throughout any DWI or DUI accusation in the State of Louisiana. Clientele seeking counsel from Bloom Legal will be counseled on their legal rights, as well as the legal strategies for retaining their driver’s license, reducing probationary periods, eliminating incarceration, and preventing burdensome fines and other court mandates throughout the greater New Orleans area.
The metropolitan area of the city of New Orleans, known as New Orleans-Metairie-Kenner, covers seven parishes of the state of Louisiana including Jefferson, Orleans, Plaquemines, St. Bernard, St. Tammany, St. Charles, and St. John the Baptist parishes. Bloom Legal serves residents and tourists arrested for DWI in all of these locations as well as others throughout the state of Louisiana. While the vast majority of the residents of the city of New Orleans live on the East Bank, a significant portion of Bloom Legal’s clientele is also derived from West Bank, Northshore, and River Parish residents as well.
New Orleans Tourism and DWI Louisiana
The city of New Orleans thrives on tourist related festivals, parties, conventions, and events that occur on an almost daily basis throughout the city and its suburbs. Some of the more notable events held in the city of New Orleans include the Mardi Gras parade and celebrations, the New Orleans Jazz and Heritage Festival, the Voodoo Music Experience, the New Orleans Halloween Celebration, the French Quarter Festival, and Southern Decadence. Given the party and celebratory atmosphere, alcohol flows very liberally at many of these events, leading some individuals to run afoul with the law when caught driving while intoxicated. Whether a tourist or a local resident taking part in the fun, the Louisiana DWI laws remain the same regardless of the occasion or whether you are from out of town. These charges are also taken seriously by municipal and parish law enforcement, as the number of individuals, pedestrians, and other drivers on the roads during these events makes the potential danger from a driver under the influence greater.
Drivers under the influence of alcohol or mind altering substances outside of the densely populated areas of the French Quarter further towards to suburbs can also fall victim to a DWI arrest if found under the influence when driving. The areas of the East Bank, including Metairie, River Ridge, Elmwood, Jefferson, and Kenner, as well as the areas of the West Bank, including Avondale, Bridge City, Westwego, Marrero, Harvey, Gretna, Terrytown, Estelle, Timberlane, and Woodmere, all are heavily policed by law enforcement for drivers under the influence. An arrest for DWI in these locations, as well as in the Northshore and River Parish areas, carry the same penalties in the eyes of the law.
Fortunately, for drivers arrested in the greater New Orleans area for DWI, a process for expunging criminal convictions and arrests is provided by Louisiana state law. Bloom Legal regularly assists clients in the process of expunging their records of DWI arrests and other criminal charges under the provisions of Article 893 and Article 894. Specifically, almost all DWI guilty pleas can be expunged under the provisions of Article 894 for this misdemeanor charge.
Court Locations for DWI Louisiana Charges
For individuals facing DWI charges in the city of New Orleans, or Orleans Parish, Orleans Parish Criminal District Court, which is also colloquially referred to as Tulane and Broad. At Tulane and Broad, criminal charges occurring in Orleans Parish, including DWI charges, are tried by the parish attorney. For DWI charges occurring in Jefferson Parish, known as the 24th Judicial District, all DWI charges are brought up in the first and second parish courts, which are located in Metairie and Gretna, respectively. Bloom Legal can assist clients facing DWI charges in these and other Louisiana parishes, as well as represent clients during their day in criminal court.
