Driving while drunk, DWI is a significant offense in Louisiana. Many death on Louisiana highways has been attributed to improper driving ethics. Drunk driving accounts for about 46 percent of death that happens in Louisiana, and it's environs. The legislation in Louisiana has laid down penalties for a DWI offense in Louisiana.
Louisiana law forbids that any person operates a vehicle when drunk. If you ever get behind the wheels with a blood alcohol concentration of 0.8 percent or greater, you may get arrested. You could still get arrested even if your blood alcohol concentration isn't up to 0.8 percent. Doing this simply means you have violated the Louisiana DWI laws and you have to face probable sentence. In such a case, you would need the help of a DWI attorney in Baton Rouge.
When you are being flagged down by an officer, there is a number of things used to determine if you are under the influence of alcohol. Your behavior when stopped, your behavior after you pulled up, your ability to provide answers to the officer's questions, your performance during the sobriety tests, your preparatory BAC reading and a host of other factors are considered to determine if you are a DUI offender.
If there is any reason why you are been perceived as drunk or being under the influence of alcohol, you will be arrested and locked up. After being arrested, your driver's license is seized, and you are issued a temporary permit that is good for 30 days. The evidence gathered against you are collated and passed on to the Louisiana Department of Motor Vehicles. Sometimes, the evidence is forwarded to the criminal department of the local enforcement agency in Louisiana. At this point, you have to be on a mission to salvage yourself by hiring the service of à DUI attorney in Baton Rouge.
Following your arrest, you are eligible to only 15 days space to make a request for a hearing to contend the suspension of your license. A competent DWI lawyer in Baton Rouge who has experience on how administrative hearings are managed and handled can help you win a better chance and help you to avoid the suspension of your driving prerogatives.
A 3rd offense DWI is a felony offense. This is a case whereby an offender has a minimum of two prior DWI convictions within 10 years. It interprets to a case of an unrepentant offender. A 3rd offense in Louisiana stems from a combination of penalties from the court and administrative penalties you have incurred against your driver's license from the Louisiana office of motor vehicle. Felony DWI charges result in a lengthy prison sentence. An offender may also be put under probation conditions.
According to the newly revised Louisiana DWI law, a 3rd DWI offender is punished by serving a minimum of one year in prison. Offenders are liable to be punished in the municipal jail for a duration between 1 and 5 years and 45 days mandatory jail term. A third offender's car may be confiscated and sold at an auction. They are made to fulfill a period of community service and made to pay a fine of $2,000 and other court costs.
It doesn't end there, a third offender must attend a substance abuse program and complete a driver improvement course approved by the state. An offender may also face administrative penalties if he refuses to submit to a chemical test. This may call for an additional two days in jail. An ignition interlock is required on all the vehicle driven by the offender for what is referred to as an extended duration. Offender's license may be withdrawn for 2 years with an SR-22 form to be filled for 3 years, even after the license has been reinstated. A 3rd DWI sentence may be suspended if an offender completes the above-stated penalties. But, Louisiana child endangerment law says that the mandatory sentence can't be suspended if there is a 12-year-old child or younger in the vehicle when a DWI is committed.
As an offender, you have 15 days (from the day you were arrested) to request an administrative hearing. The evidence found against you by the arresting officer is reviewed by the hearing officer. The arresting officer comes up to describe and testify about the incidence. You and your attorney then come up to present your evidence and testify on your behalf. If there were any witnesses, they are called upon to give their testimony.
After going back and forth on reviewing your case, the hearing officer makes a decision on whether the evidence presented against you is valid and can be held against you. If the arresting officer's evidence and testimony are not valid, your driver's license is reinstated.
The importance of a DWI attorney in your administrative hearing cannot be overemphasized. You need a DWI attorney in Baton Rouge to stand by your side and help you with presenting your own evidence and testimony during the hearing. The help of a DWI attorney can go a long way. You can use the advice and guidance of a DWI lawyer when you are faced with an administrative hearing.
If your suspension is taken up, you may qualify for a Louisiana hardship license if you are able to meet the eligibility requirements for one after 30 days of your initial suspension. A hardship license will require you to have an ignition interlock installed in any vehicle you drive. Meanwhile, the installation must be done at an approved ignition center, and you are to bear the installation cost. You are also expected to pay $50 - $300 as a license reinstatement fee. The fee varies depending on your charge and whether you submitted to a chemical test. You are required to file a proof of your financial responsibility - Louisiana SR22 insurance policy. Once you are able to fulfill all these, you will be issued a hardship license.
Through it all, you need the assistance of a DWI attorney in Baton Rouge. Contact Carl Barkemeyer Attorney to help you with proper counseling and representation at your Louisiana administrative hearing.