Carl Barkemeyer is a defense lawyer who handles DWI and DUI charges in Livingston Parish, Louisiana. Although his office is located in Baton Rouge, he is very familiar with the criminal justice system in Livingston and Denham Springs. He has practiced DWI defense for his entire career. He will be able to assist you in your defense of Driving While Intoxicated charge in Livingston District Court or Denham Springs City Court.
DWI simply means Driving While Intoxicated and DUI means Driving Under the Influence. Both terms actually have the same meaning under law in the state of Louisiana. However, in some states, the offense is referred to as DUI while in some other states it is strictly referred to as a DWI. According to the law in the state of Louisiana, DWI simply has to do with the operation of a vehicle under intoxication. It can be interpreted in so many ways as follows –
● DWI is a crime which has to do with the operation of a vehicle under intoxication where the vehicle refers to any motor vehicle, vessel, as well as, watercraft or some other conveyance means if the person operating the vehicle is intoxicated from alcoholic beverages or has a blood alcohol concentration that measures you to 0.08% and above in relation to the alcohol grams for every 100 cubic cm of blood.
It could also be seen as a situation where the person operating the vehicle is influenced by controlled drug substances which have been listed in the drug schedules or a situation where the operator of the vehicle is influenced by a combined intake of alcohol as well as one or multiple drugs which are not referred to as Controlled Dangerous Substances but can be legally obtained whether they have a prescription or not.
Another example of a DWI charge is where the person operating the vehicle is influenced by one drug or multiple drugs that are not referred to as a CDS but can be legally obtained whether they have a prescription or not.
If you wish to have more clarity about what constitutes a DWI charge in Livingston, feel free to reach out to Carl Barkemeyer, Criminal Defense Attorney and all of your inquiries will be answered. Mr. Barkemeyer is very comprehensive with DWI charges and currently provides a DWI attorney legal service to clients in Livingston that have been charged for driving under the influence of alcohol or drugs.
If you have received a DWI in Livingston Parish, you will most likely have court in either the main courthouse in the town of Livingston or in City Court in Denham Springs, Louisiana. Only misdemeanor DWI charges are prosecuted in City Court. These charges will be the result of an arrest in the city of Denham Springs by Denham Springs City Police. On the other hand, if you were arrested for felony DWI or a misdemeanor DWI and the arresting agency was not Denham Springs PD, your case will be heard in Livingston District Court.
The first step after receiving a DWI charge is getting out of jail. The entire bond may be posted or a bail bond service in Livingston, Louisiana could be hired. You only have a maximum of 30 days from the date of arrest to request an Administrative Hearing regarding the proposed suspension of your driver's license for either refusal of the breathalyzer or blowing over the limit. Mr. Barkemeyer can help with this stage of the DWI charge process. You will also receive a court date which is the Arraignment date. It will take place in the criminal courtroom with a judge and prosecutor present. This is the beginning of the criminal case.
There are various different ways to fight a DUI case in Louisiana. When you get in touch with Mr. Barkemeyer, you will be enlightened about the different ways which can be used to fight for your rights in your DWI charge. These defenses range from challenging a DWI stop, challenging your arrest, field sobriety tests challenge, BAC tests challenge as well as challenging the evidence which the authorities have presented, and challenging the DWI charges which are related to aggravated felony.
● Challenging a DWI stop
Before you get pulled over by a police officer, there must be reasonable grounds, and if a police officer does not have a plausible reason or never really saw you driving, then you can have your Livingston DWI legal representative challenge the stop. Then, your representative will do everything necessary to ensure that the evidence relating to your case is excluded.
● Challenging your arrest
For a police officer to place you under arrest in Livingston, the reasons for doing so have to be sufficient enough. There must be proof that you are found driving while intoxicated without collar jobs. When it comes to cases like this, the police officer has the liberty of accessing so many factors, but it is specified that there must be an establishment of a particular probable cause.
● Sobriety tests challenge
The breathalyzer can be challenged in a wide range of ways. For example, you can challenge the effective performance of the machine or challenge the fact that you are not tested properly. Also, you can go on to challenge how knowledgeable the operator is or if they have the right license to operate the machine. Other options include challenging the fact that there was no adherence to the observation periods as well as the fact that your body temperature was higher which lead to false results.
With the help of your Livingston DWI attorney you can also challenge blood tests based on contaminated samples, the inadequacy of the phlebotomist, and the chain of custody and incorrect procedures in drawing your blood. Also, you can argue that the blood sample which was used for the test is not yours.
You can further challenge the experience of the police officer that gave you the tests by arguing against their coordination at the time of the tests and about the fact that they did not have the physical stability to carry it out.
● Challenging DWI charges related to aggravated felony
The penalties that you can face if you get caught in a felony DWI call for taking very strict measures and prudent steps at every point in the process. Therefore, it is left to the prosecutor to really prove that the convictions are plausible and true. When you work with a Livingston DWI lawyer professional like Mr. Barkemeyer, you stand a chance of fighting against DWI convictions.
In the state of Louisiana, driving while intoxicated is a very serious charge. The penalties that apply if you get charged with a DWI are actually dependent on different factors and circumstances that apply to the offender. Basically, getting caught or arrested for a DUI or a DWI will result in one or more the following penalties –
● The imposition of expensive fines which could be anywhere from hundreds of dollars to even thousands
● An increase in your auto insurance premiums
● Facing the MADD Victim Impact Panel
● Having to attend defensive driving school
● Compulsory engagement in community service, as well as, litter abatement
● Evaluation of substance abuse, as well as, treatment.
● Having an ignition interlock device installed in your vehicle.
● Being mandated by law to pay restitution to those who we are affected in the event of a crash
● Facing prison time that could be as low as 6 months and that could go as high as a couple of years if you are involved in a felony DWI case.
For more information and/or help, contact Carl Barkemeyer, Livingston and Denham Springs DWI Lawyer, at (225) 964-6720.