No-Arrest DWI: Summons Instead of Arrested

If you received a DWI, but were not actually arrested, then you may have some questions as to why you weren’t booked in jail and if the DWI is serious or not because you didn’t go to jail. I will answer those questions and more in this article.

Since our firm handles DWI cases in all areas of Louisiana, we get to see the many different procedures of police departments. This includes the arrest phase for a DWI/DUI. The many police departments throughout the State all handle DWI arrests their own way.

Why Did I Get a Summons Instead of Being Arrested for DWI?

The reason a police officer gave you a summons in lieu of arresting you for a DWI is probably because of jail overcrowding. Police departments have developed internal policies that allow the officer to issue a summons/ticket for a DWI, rather than booking the defendant in jail which would require the defendant to post bond to be released.

Louisiana has been faced with jail overcrowding for years. During the COVID period, regulations were implemented to reduce the number of inmates in specific areas of jails. Many of these regulations still exist which limits the number of inmates a jail can house. Therefore, police departments and judges make the decision if they want to hold DWI arrestees. The problem is that they take up space for more serious offenses such as armed robbery and murder.

Some jurisdictions will still hold DWI arrestees and require a bond, such as in Shreveport and Caddo Parish. If you get a DWI there, you will likely need to post bond to be released. Every jurisdiction handles DWI arrestees differently based on their jail overcrowding situation and policies.

Myth Resolved: I don’t have a DWI because I wasn’t arrested

If the police officer gave you a summons or ticket and it has “DWI” written on it, then you have been given a DWI. This ticket has the EXACT SAME serious consequences as if you were arrested, booked, and required to post bond to be released.

After a police officer issues a DWI summons or makes a DWI arrest, he/she will send the police reports to the prosecutor’s office. The prosecutor will then examine the case and file the formal DWI charge. It makes no difference to the prosecutor if you were booked or received a summons. It is still a DWI.

Myth Resolved: My DWI isn’t a bad one because I wasn’t arrested

If the police officer gives you a summons in lieu of arrest, it is not because he thinks you have a minor case or you shouldn’t be charged. If the officer gave you a summons for DWI, he absolutely thinks you should be charged with DWI. Therefore, if you received a summons for DWI, you must take it just as seriously as if you were booked for DWI.

Common Mistake: You Don’t See the DWI on Your Summons

Sometimes during the DWI investigation, the police officer will issue a summons that doesn’t clarify on the summons if you are charged with DWI. The Uniform DWI Arrest Citation form used by police officers places the DWI language is small and unrecognizable. The police officer will write the name of the traffic violation such as Improper Lane Use, but not the name of the DWI. He will then write the statute number which is 14:98.1 (or 11:140 in Baton Rouge) in the far-right middle of the summons. Be sure to check there to see those numbers.

DWI Summons with 14:98.1 on the far-right

Another way to know if you received a DWI without an arrest is by checking the other paperwork that the officer gave you. If you see Intoxilyzer results or a form that says Official Notice of Withdrawal of Driving Privileges, then you got a DWI.

What If I Didn’t Receive Any Paperwork After My DWI?

Sometimes, the police officer will forget to give you a DWI packet. This can include the temporary license, Intoxilyzer results, summons, and more. His failure to provide the packet is not a defense to the DWI. It simply means he forgot. The officer will still be sending the case to the DA for prosecution and the DMV for a license suspension. At any rate, we can get that paperwork from police departments sometimes for our clients if we need it.

If You Do Not Know If You Received a DWI

If you really aren’t sure if you got a DWI, just call us and we can go through the facts with you to determine if the police officer gave you a DWI and just failed to give you your paperwork. If you just ignore it, it will come back to bite you hard in the way of immediate driver’s license suspensions, arrest warrant for missing court, and reduced negotiation ability with the prosecutor.

DWI Summons and Criminal Record

If you get a DWI summons, it will still appear on your criminal background as an arrest entry. Criminal background checks show arrest entries and dispositions (outcomes in a case). Criminal backgrounds don’t necessarily differentiate between a summons and being booked in jail. The reason is because there is no difference when it comes to being prosecuted. Therefore, if you get a summons for a DWI, your criminal record will look just the same as someone who was booked for DWI. If you want to get the DWI arrest removed from your criminal record, you’ll need to go through. The expungement process after the case is resolved.

DWI Defense is What We Do

If you received a summons for a DWI or DUI, our DWI lawyers can help. DWI defense is what we do all day, every day. We handle DWI, DUI, and OWI cases in all areas of Louisiana. We know the system and how to protect your freedom, driver’s license, job, and criminal record. Contact us to discuss your case.

Carl Barkemeyer wrote the published book on DWI: Practical Information for the Accused and Attorneys in Louisiana. He regularly gives lectures and advice to other attorneys regarding how to successfully defend clients for DWI.

This article was written by Louisiana DWI attorney Carl Barkemeyer of Barkemeyer Law Firm.