DWI Lawyer in the Highland/Perkins Area of Baton Rouge
Baton Rouge, Louisiana is a city of vibrant neighborhoods, each with its unique character. The Highland/Perkins area is no exception, boasting a rich cultural and social landscape. This area is bordered by the Mississippi River and Perkins Road. Highland Road runs through the middle of it all the way through LSU. With all of its bustling communities, it is not immune to instances of legal infractions, including charges of Driving While Intoxicated (DWI) and Driving Under the Influence (DUI).
When faced with these charges, it becomes imperative to secure competent and aggressive legal representation. Carl Barkemeyer, a Criminal Defense Attorney, is committed to defending individuals who have been charged with DWI in the Highland/Perkins area of Baton Rouge. With his extensive experience and local knowledge, DWI Lawyer Carl Barkemeyer is perfectly positioned to provide you with the legal support you need.
Driver’s License Hearing
When you have a DWI arrest, the police officer may have asked you to submit to chemical testing, whether it be blood, urine, or breath. If you refuse any of these tests, the DMV will propose to suspend your license for at least one year. If you submit to the test(s) and your blood alcohol content exceeds the legal limit, you license could also get suspended. There is no court date in your paperwork for this. Your attorney will have to request that the Administrative Hearing be scheduled. Most importantly, you only have 30 days from the date of arrest to request this hearing. Otherwise, you waive that right to a hearing and you can never have it.
In Baton Rouge City Court, the City prosecutor must establish certain elements of the crime beyond a reasonable doubt for a DWI conviction. These elements form the backbone of the charges and are crucial in determining the outcome of the case.
Firstly, the prosecution must provide evidence that the accused was operating a vehicle. This could mean driving, but it also includes being in physical control of a vehicle, even if it’s parked or not running.
Secondly, the prosecution must prove that the accused was under the influence of alcohol or drugs at the time. This can be demonstrated by a blood alcohol concentration (BAC) of 0.08% or higher. Alternatively, the prosecution could present evidence that the individual’s normal faculties were impaired due to the influence of alcohol or drugs.
Lastly, the incident must have occurred on a public highway or in a public place. In other words, the law applies to all areas accessible to the public, including private property like a parking lot.
Penalties for DWI
Baton Rouge Municipal law is stringent when it comes to DWI offenses, and the penalties reflect the seriousness of these crimes. For a first offense, an individual could face a fine up to $1,000, a jail term of up to six months, and a mandatory license suspension for one year. The penalties escalate with each subsequent offense. A second offense could result in a fine up to $1,000, a jail term of up to six months, and a two-year license suspension. A third offense is a felony and could lead to a fine of up to $2,000, a prison term of up to five years, and a two-year license suspension. These penalties underscore the importance of having a strong legal defense when facing DWI charges. If you get a felony DWI charge in the Highland/Perkins area of Baton Rouge, then you will have court in the 19th JDC.
Defenses to DWI Charges
While the charges and potential penalties for DWI are severe, there are numerous defenses that can be utilized depending on the specific circumstances of the case. These defenses might include challenging the legality of the initial traffic stop or the validity of the field sobriety tests. It could also involve questioning the accuracy of breathalyzer or blood test results. For instance, it may be possible to argue that the testing equipment was not properly calibrated or that the officer administering the test was not properly trained.
Another defense that might be applicable is the “rising blood alcohol” defense. This argument posits that the defendant’s BAC was rising at the time of the test, suggesting that it was lower, potentially below the legal limit, at the time of driving.
Carl Barkemeyer: DWI Attorney in Baton Rouge
With a comprehensive understanding of the intricacies of Baton Rouge’s DWI laws, Carl Barkemeyer, Criminal Defense Attorney, is a valuable ally for anyone facing these charges in the Highland/Perkins area. His deep knowledge and experience in thefield make him an effective and reliable advocate for his clients.
Mr. Barkemeyer offers services to both Louisiana residents and out-of-state clients who have been charged with DWI in Baton Rouge. He’s also an experienced hand in defending clients against drug possession and trafficking charges, bringing the same level of dedication and attention to detail to every DWI case he handles.
His approach to defense is comprehensive, employing a variety of strategies tailored to the specific circumstances of each case. Mr. Barkemeyer meticulously reviews every piece of evidence, questions every aspect of the prosecution’s case, and advocates forcefully for his clients in court. His dedication to achieving the best possible outcome for his clients is unwavering.
Mr. Barkemeyer’s experience isn’t limited to one area. He’s defended clients in numerous parishes across Louisiana, developing a deep understanding of the state’s legal landscape. This broad experience enables him to craft robust defenses and ensure his clients’ rights are fully protected.
If you find yourself facing DWI charges in the Highland/Perkins area of Baton Rouge, reach out to Carl Barkemeyer. Your future is too important to leave to chance, and with Carl Barkemeyer on your side, you can face your legal challenges with confidence.