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New Orleans DWI Lawyers Answer Common Questions About DWIs

Seth: Wanted to talk about DWI defense today and what people need to do if they get at DWI here in the state of Louisiana. We call it a DWI, not a DUI, but David, maybe you had some thoughts on DWI defense here?

David: Absolutely and that’s a common question we get. A lot of our clients have received DWIs in Louisiana. It’s something that you can receive for, you know, drinking alcohol as well as being on narcotics. It’s all one thing here in Louisiana and there are a lot of different aspects that…and nuances to DWI law. There are ways that, you know, we can mitigate damages as far as getting an attorney early. In Louisiana, it’s very critical to get an attorney early because your license can be suspended and that is oftentimes something that could affect your livelihood and your family life and that’s something that you need to take care of immediately.

Seth: And I think a lot of people, you know, don’t know what to do if they get a DWI. They need to consult an attorney, they talk to friends. I think one of the most important things they do is to get in. We give free consultations, so they should get in, come and meet an attorney, let’s hear the facts of the case, and hopefully, we can evaluate that and help them with their case. I think it’s important, also, in Orleans Parish, for instance, where we do most of our practice, is the fact that they bounce DWIs between state court and traffic court. So these jurisdictional issues, I think, are really important to help, you know, allow the client to decipher between the two and then know how to approach the defense of them.

David: Absolutely and, you know, it depends if you’ve ever had a DWI in your past because if this is a first DWI, it could be a lot different than if it’s your third arrest for a DWI because it could be a misdemeanor compared to a felony. And those are completely different ballgames. One could be in traffic court in New Orleans, one could be in a felony courthouse. So, they’re treated very differently and handled by different departments.

Seth: And maybe talk about blood alcohol level and how that changes the scope of what a DWI can do to your license and criminal penalties.

David: Absolutely and the penalties can be increased for the higher blood alcohol content that you may have had when you were pulled over. So a 0.08 is the legal limit. Anything above that in Louisiana is considered a presumption of being intoxicated, but if you are above a 0.15, your penalties can be increased and even, I believe, over a 0.2 at times, it can be increased as well. So that’s all something that we can go over during a consultation. Every case is different so it’s good for us to know the facts of the case so we can give you the best possible advice on how to proceed.

Seth: Yeah, there are certain timelines and deadlines with DWIs, so if you do get a DWI, give us a call, (504) 599-9997. We’re happy to give you a free consultation and help you preserve your rights so that you don’t get any jail time, hopefully, and don’t get your license suspended. So we can work on both those things and see all your options. So, thanks so much.


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