2026 Edition
By Carl Barkemeyer
**Updated regularly to reflect changes in Louisiana DWI law and based on questions we hear from clients throughout Northwest Louisiana.
“My job isn’t to tell clients what they want to hear. My job is to evaluate the evidence, explain their options honestly, and help them make informed decisions. That’s how I’ve handled DWI cases throughout my career.” – Carl Barkemeyer
If you’re reading this, it’s probably because you recently got arrested for DWI.
First, take a deep breath.
A DWI arrest can be frightening. Most people have never been through this before. They don’t know what happens next, whether they’re going to jail, or if they’re going to lose their driver’s license. Those are normal concerns.
I’ve represented people charged with DWI in Northwest Louisiana for more than twenty years. During that time, I’ve learned that most people have the same questions after an arrest.
This guide was written to answer those questions.
I didn’t write it for lawyers.
I wrote it for people who suddenly find themselves facing one of the most stressful situations of their lives.
My goal is simple: I want you to understand what usually happens after a DWI arrest in Northwest Louisiana so you can make good decisions and avoid common mistakes.
Over the years, I’ve noticed something.
Most people spend hours searching the internet after they’re arrested.
Unfortunately, they often find information that:
I’ve also found that many websites answer the wrong questions.
They spend pages discussing statutes and legal terms while ignoring the questions people actually ask.
Most people don’t care what subsection of the law applies.
They want to know:
“What’s going to happen to me?”
That’s what this guide is about.
I want to answer the questions I hear every week from real clients.
This guide is for anyone arrested for DWI in Northwest Louisiana, including:
Whether this is your first arrest or you’ve been through the system before, I hope you’ll find information that helps you understand the process.
There is one thing I want you to remember. A DWI arrest is serious. But it is not the end of your life.
I’ve represented nurses.
Teachers.
Engineers.
Doctors.
Business owners.
Construction workers.
Data center contractors.
Oilfield employees.
Plant operators.
Commercial drivers.
College students.
Retired people.
People from every walk of life.
Almost every one of them believed their life was over the night they were arrested.
Almost every one of them was wrong.
That doesn’t mean you should take a DWI lightly.
It means you shouldn’t panic.
Good decisions are made when people stay calm.
Poor decisions are usually made when people react out of fear.
That’s one of the reasons I encourage people to learn about the process before making important decisions.
One of the biggest mistakes I see is people believing they need to make every decision immediately. They don’t. You don’t need to hire the first lawyer you talk to. You don’t need to believe everything you read on the internet. And you don’t need to assume your case is hopeless simply because you were arrested.
Take the time to understand what happened and what your options are.
That usually leads to better decisions.
You don’t have to read every page.
If your biggest concern is your driver’s license, go to the driver’s license section. If you refused the breath test, read that chapter. If this is your first DWI, start there. If you’re a commercial driver, there’s a section written just for you.
This guide is designed to answer the questions people ask me most often.
As Louisiana law changes, I’ll continue updating it so the information stays current.
If you’ve been arrested for DWI in Northwest Louisiana, don’t assume the worst.
The days after an arrest are confusing, but they don’t have to be.
Take your time. Learn the process. Ask questions.
Then make informed decisions based on facts—not fear.
Carl’s Advice: Don’t spend the next three days searching random websites or social media for answers. Every DWI case is different, and much of what you read online won’t apply to your situation. Use reliable sources, ask questions, and focus on the facts of your own case.
If this is your first DWI, you probably have no idea what happens next.
That’s normal.
Most people have never been arrested before. They don’t know what the paperwork means, when they have to go to court, or whether they can still drive.
The good news is that there is a process.
Once you understand it, the situation becomes a little less stressful.
By the time you’re reading this, you’ve probably already been released from jail.
Now the questions start.
-Should I call a lawyer?
-Can I still drive?
-Do I have to go to court?
-Will my employer find out?
-Am I going to lose my license?
Those are all fair questions. The important thing is to take things one step at a time. Don’t try to solve everything in one day.
One of the first things I tell people is this:
Don’t throw away anything the officer gave you.
Keep every piece of paper together in one place.
Those papers often contain important information about:
Bring everything with you if you decide to meet with a lawyer.
This is usually the first question I hear.
If your license was valid at the time of arrest, you should be able to legally drive in Louisiana on a 30-day temporary license.
Once our firm is hired, we request an Administrative Hearing and get your temporary license extended past the 30 days. But, we must send in the request within 30 days from the date of arrest. So, don’t wait.
Others may have additional requirements or deadlines that affect their driving privileges.
Because every situation is different, don’t assume your friend’s experience will be the same as yours.
One of the biggest mistakes people make is relying on advice from someone who had a DWI five or ten years ago. Louisiana law changes, and no two cases are exactly alike.
Some people call me convinced the officer made mistakes.
Others call me believing there is no defense because they admitted they had been drinking.
Both groups often jump to conclusions too early.
At this point, you probably don’t have all of the evidence.
Your lawyer may eventually review:
Until that happens, nobody knows exactly what strengths or weaknesses may exist in the case.
This may seem obvious, but it happens more than you might think.
Don’t post about your arrest.
Don’t argue with people online.
Don’t joke about it.
Don’t try to explain your side of the story on Facebook.
I’ve seen people create problems for themselves by talking too much after an arrest.
The safest approach is to stay quiet until your case is over.
After a DWI arrest, everyone suddenly becomes an expert: Friends, Coworkers, Neighbors.
Your cousin who got a DWI fifteen years ago.
You’ll probably hear things like:
“Just plead guilty.”
“Refusing the breath test means they can’t convict you.”
“You don’t need a lawyer.”
Some advice may be helpful. A lot of it isn’t.
Every DWI case is different. What happened to someone else may have nothing to do with your situation.
One thing I’ve noticed over the years is that many people spend the first week after a DWI arrest searching the internet for answers.
That’s understandable.
The problem is that much of what they find doesn’t apply to Louisiana, is outdated, or is based on someone else’s case.
By the time they call me, they’re often more confused than when they started.
“The best approach is to learn from an actual DWI lawyer in Louisiana who has discussed your case with you. That doesn’t mean call a bunch of lawyers trying to get free advice. It means, hire a lawyer so they can actually dive into your case and give you real advice.” – Carl Barkemeyer
Yes.
Not everyone hires a lawyer the day after they’re arrested.
But I do think it’s a good idea to understand your options early.
A consultation can help you understand:
Even if you decide to think about it for a few days, having good information early can help you make better decisions.
This is probably the biggest question people ask after they’re arrested.
Some people hire a lawyer immediately.
Others think about handling the case themselves.
Some start calling around looking for the cheapest attorney they can find.
Others aren’t sure they need a lawyer at all.
There’s no law that says you have to hire a lawyer.
You have that right.
The better question is this:
Sometimes the answer is yes.
Sometimes the answer is no.
In a DWI or criminal case, you hire a lawyer for representation, not for a specific result. That is different than when you hire a lawyer to write a will. You expect to get a will at the end. Criminal defense representation is completely different.
If a lawyer promises a result when you hire them, you should seriously consider that they are full of s**t.
The lawyer doesn’t have a crystal ball which can allow him to see the future.
One mistake people make is comparing their case to someone else’s.
Maybe your friend got a DWI five years ago.
Maybe your neighbor represented himself.
Maybe your cousin hired a lawyer and got a great result.
That doesn’t mean the same thing will happen in your case.
Every DWI is different.
Different officer.
Different facts.
Different court.
Different evidence.
Different prosecutor.
Even two people arrested on the same night can have very different cases.
Some people think hiring a lawyer just means having someone stand next to them in court.
There’s a lot more to it than that.
A lawyer may review:
“Representation always involves talking to the client to decide what is best for the client.” – Carl Barkemeyer
If a lawyer guarantees they can get your DWI dismissed, I’d be careful.
No honest lawyer can promise a particular result before reviewing all of the evidence.
Every experienced DWI lawyer has had cases that looked hopeless but turned out well.
They’ve also had cases that looked promising but became more difficult after reviewing the evidence.
Be cautious of anyone who promises a specific outcome during the first phone call.
Many people call several lawyers before making a decision.
That’s perfectly reasonable.
But don’t make your decision based only on price.
A lawyer charging less isn’t automatically a better value.
Ask yourself:
-Does this lawyer regularly handle DWI cases?
-Did they answer my questions?
-Did they explain the process?
-Did they seem interested in my case?
-Do I trust them?
Those questions are usually more important than simply comparing prices.
I’ve talked with many people who hired the cheapest lawyer they could find.
Sometimes it worked out fine.
Other times they later told me they wished they had asked more questions before hiring someone.
Choosing a lawyer is an important decision.
Take the time to find someone you trust.
Every lawyer is different.
Some handle family law, personal injury, wills, divorces, and criminal cases.
My practice is different.
I focus on defending people charged with DWI and related offenses.
That means I spend my time working on the issues that come up in DWI cases, including driver’s license suspensions, Administrative Hearings, breath testing, blood testing, field sobriety tests, and the court process.
I also believe in being honest with clients.
If I think you have a strong issue, I’ll tell you.
If I think the evidence is strong against you, I’ll tell you that too.
My job isn’t to tell people what they want to hear.
My job is to give them my honest opinion so they can make good decisions.
Hiring a lawyer is a personal decision.
Don’t hire someone because they made the biggest promises.
Don’t hire someone simply because they were the cheapest.
Hire someone you trust to give you honest advice, explain the process clearly, and guide you through one of the most stressful experiences of your life.
If I had to guess the first question most people ask after a DWI arrest, it would be this:
“Am I going to lose my driver’s license?”
It’s a fair question.
For many people, being able to drive is more important than anything else.
You have to get to work.
Take your kids to school.
Go to doctor’s appointments.
Run your business.
Without a driver’s license, everyday life becomes much more difficult.
The good news is this.
A DWI arrest does not always mean you immediately lose your ability to drive.
But there are important deadlines, and those deadlines matter.
Many people think the judge handling their DWI case also decides whether they keep their driver’s license.
That’s not always how it works.
In Louisiana, the criminal case and your driver’s license are often two separate matters.
That surprises a lot of people.
I’ve had clients tell me:
“I thought if my court date wasn’t for three months, I didn’t have to worry about my license until then.”
Unfortunately, that’s not always true.
Some driver’s license issues have deadlines that come much sooner.
One of the reasons I encourage people to talk with a lawyer soon after a DWI arrest is because waiting can limit your options.
I’ve had people call me weeks after their arrest and say,
“I thought I had plenty of time.”
Sometimes they did.
Sometimes they didn’t.
The important thing is not to assume.
Most importantly, you have 30 days from the date of arrest to request the Administrative Hearing.
There isn’t one answer that fits everyone.
Whether your driving privileges are affected can depend on several things, including:
That’s why I don’t like giving blanket answers.
Your neighbor’s experience may have nothing to do with yours.
Many people ask me about getting a hardship license.
The answer depends on your circumstances.
Some drivers may qualify.
Others may not.
If you’re eligible, a hardship license may allow you to drive for certain purposes, such as work, school, medical appointments, or other that are considered a “necessity of life.”
If this becomes an issue in your case, we’ll discuss your options and what steps may be available.
Most DWI cases involve an ignition interlock device.
This is a breath-testing device installed in your vehicle that requires you to provide a breath sample before the vehicle will start.
Whether one is required depends on the facts of your case and Louisiana law.
If an interlock becomes part of your case, I’ll explain:
If you have a Commercial Driver’s License (CDL), don’t assume the rules are the same.
CDL drivers often face additional consequences.
If driving is your livelihood, this is something you should discuss with your lawyer as early as possible.
You don’t have to live in Louisiana to be charged with DWI here.
Every year I represent people from Texas, Arkansas, Mississippi, and many other states.
If you’re visiting Northwest Louisiana when you’re arrested, you probably have questions about how a Louisiana case may affect your home-state driver’s license.
We’ll cover that topic in its own chapter because the answer depends on several factors.
One thing I’ve learned over the years is that people receive a lot of bad advice about driver’s license issues.
A coworker says one thing.
A neighbor says another.
Someone online insists they know exactly what will happen.
Most of the time, they’re talking about their case—not yours.
That’s why it’s important to understand the facts of your own situation instead of relying on rumors.
I’ve had many clients tell me they were more worried about losing their driver’s license than they were about going to court.
I understand that.
For many people, not being able to drive affects every part of their life.
That’s one reason I spend time explaining the driver’s license process. When people understand what’s happening, they usually feel much less anxious about what comes next.
Don’t assume your driver’s license issues will “work themselves out.”
One of the biggest mistakes people make is waiting too long to ask questions. The sooner you understand how your DWI arrest may affect your driving privileges, the better prepared you’ll be to make informed decisions.
If you’ve never been to court before, you’re probably nervous. That’s completely normal. Most of my clients have never been arrested before, and they have no idea what to expect.
The good news is that court is usually much less dramatic than people imagine. It isn’t like the movies, and it isn’t like the TV shows.
For most people, the first court date is just the beginning of the case. It is not your trial, and you shouldn’t expect everything to be finished that day.
Instead, the first court date, arraignment, is getting the case started. Your lawyer and the prosecutor begin discussing the case.
That depends on where you were arrested.
If you were arrested by the Shreveport Police Department, your case may begin in Shreveport City Court. If you were arrested outside of the Shreveport city limits, your case will be in Caddo Parish District Court.
If you were arrested in Bossier Parish, your case may be handled in a different court depending on which agency made the arrest. If were arrested in Bossier City, your case will be in Bossier City Court. Otherwise, it will be in Bossier Parish District Court in Benton, Louisiana.
Don’t worry if you’re not sure where to go. The paperwork you received should tell you, and your lawyer can explain exactly where you need to be.
The first thing you’ll probably notice is that there are a lot of people.
You won’t be the only person in court that day. There may be dozens of criminal cases on the docket. Some people are there for traffic tickets. Others are there for misdemeanors or felonies.
Don’t let that make you nervous. It’s just a normal day at the courthouse.
One thing that surprises almost everyone is how much waiting there can be.
If your court time is 9:00 a.m., that doesn’t mean your case will be called at 9:00. Courts handle many cases each morning, so be prepared to wait your turn.
I always tell clients to keep their schedule open for the day. Bring your phone charger, a book, or something to help pass the time.
Usually, very little.
If I’m representing you, I’ll do most of the talking. Before we go into the courtroom, I’ll explain what’s happening and answer any questions you have.
One of the biggest reasons people hire a lawyer is so they don’t have to figure out the court process by themselves.
You don’t need to buy a suit for court.
Just wear clean, neat clothes. Avoid clothing with offensive language or graphics, and leave the hat in the car.
Looking respectful shows the court that you’re taking the case seriously.
While you’re waiting, you’ll probably hear other cases being called. Try not to compare your case to someone else’s.
You don’t know their driving record. You don’t know what the evidence looks like. You don’t know if they’ve had prior arrests or if there was an accident.
Every DWI case has its own facts, and that’s why every case is handled differently.
Clients sometimes ask me, “The judge looked upset today. Is that bad for my case?”
Usually, the answer is no.
Judges have busy court dockets. They may have already handled dozens of cases before yours is called. Don’t assume you know what they’re thinking based on their facial expression or tone of voice.
I’ve had many clients tell me that the weeks leading up to court were worse than the court appearance itself.
Once they got there, they realized it wasn’t nearly as intimidating as they had imagined. Knowing what to expect takes away a lot of the fear, and that’s one reason I spend time preparing my clients before every court date.
Don’t lose sleep over your first court appearance.
Show up on time. Dress respectfully. Be patient. Let your lawyer do the talking.
Most people walk out of court saying the same thing:
“That wasn’t nearly as bad as I thought it would be.”
If your lawyer tells you that they can waive your appearance for a court hearing, take them up on it. There is a myth out there that people think, “I want to be in court to show the judge I care.” Believe me when I tell you that the judges are not making notes about who is present for an arraignment and who isn’t. Nobody cares. That is the reality.
We always let our clients know if the specific appearance is one where we can just go for them without their appearance. It is a benefit to the client when we can. That’s one reason why you hire a lawyer.
If you were arrested for DWI, there’s a good chance the officer asked you to take a breath test.
Many people call it the Breathalyzer.
Some people take the test.
Some refuse.
Others aren’t even sure what they agreed to because everything happened so fast.
No matter what happened, don’t assume your case is over just because of the breath test.
The breath test is designed to estimate the amount of alcohol in your system.
The machine doesn’t actually measure alcohol in your blood. It measures alcohol in your breath and then estimates your blood alcohol concentration.
Many people are surprised to learn that a breath test is only one piece of evidence in a DWI case.
It isn’t the only thing the prosecutor looks at.
People often ask me if the breath machine is perfect.
The answer is no.
Like any machine, it has to be properly maintained and operated.
That doesn’t automatically mean the result is wrong. It simply means the result should be evaluated along with all of the other evidence.
If it is wrong, it may only be off by a fraction. For instance, if it reads .173 % BAC, the true BAC might be .171 % BAC.
This is one of the biggest misconceptions I hear.
People think that if they blew over the legal limit, they have no defense.
That’s not always true.
We still may be able to work something out with the prosecutor to protect your record or keep you out of jail. If you just go plead guilty, then forget about that.
People sometimes assume that blowing under the legal limit means the case will automatically be dismissed.
That isn’t always true.
A DWI investigation looks at more than just the breath test.
The prosecutor may also consider the officer’s observations, your driving, statements you made, and any other available evidence.
This is probably the question I get asked most often.
The honest answer is that by the time someone calls me, the decision has usually already been made.
Instead of worrying about what you should have done, it’s usually more productive to focus on what happens next.
Later in this guide, I’ll explain what refusing a chemical test may mean under Louisiana law and how it can affect both your DWI case and your driver’s license.
One website says:
“Always refuse.”
Another says:
“Never refuse.”
Life isn’t that simple.
Every DWI case is different.
What may have been the right decision for one person may not have been the right decision for another.
That’s why I don’t like giving blanket advice over the internet.
I’ve had people walk into my office convinced the breath test decided everything.
I’ve also had people who thought refusing the test meant they couldn’t be convicted.
Neither belief is automatically true.
One piece of evidence rarely tells the whole story.
That’s why I like reviewing the entire case before giving someone an opinion.
Don’t spend hours searching the internet trying to figure out whether your breath test result means you’ll win or lose.
The answer usually isn’t that simple.
Your case should be evaluated as a whole, not by focusing on one number.
Don’t assume the breath test answers every question.
Whether you took it, refused it, blew over the legal limit, or blew under it, there is still work to do.
“The best approach is to gather the evidence, understand the facts and the client’s circumstances, and then decide the best way to move forward.” – Carl Barkemeyer
Almost every client asks me some version of this question:
“How are you going to beat my case?”
It’s a fair question.
The answer surprises a lot of people.
Many people think a DWI defense is about finding one mistake that gets the entire case thrown out.
Sometimes that happens.
Most of the time, it doesn’t.
Instead, defending a DWI case usually means carefully reviewing every piece of evidence to see what really happened.
It is also about knowing how to work a good deal if the client has a bad case.
When I first look at a case, I’m trying to understand exactly what can be proven by the prosecutor.
That means asking questions like:
Only after reviewing the evidence can I begin forming opinions about the strengths and weaknesses of the case.
People often call me looking for one simple answer.
Maybe they read online that:
“The officer didn’t read me my rights.”
or
“There wasn’t any body camera video.”
or
“I only had two beers.”
They want to know if one fact will make the case disappear.
Usually, it doesn’t work that way.
Most DWI cases are won or resolved because of many facts, not one magic argument.
One thing I’ve learned over the years is that people naturally look for an explanation after they’re arrested.
Sometimes they tell me:
“I wasn’t drunk.”
“The officer hated me.”
“Somebody must have put something in my drink.”
“The machine had to be wrong.”
Maybe they’re right.
Maybe they’re not.
Either way, I don’t start with assumptions.
I start with evidence.
If the evidence supports an argument, we’ll use it.
If it doesn’t, I’m going to tell you that. Remember, we are DWI lawyers. We have heard all the stories.
Every case is different.
Sometimes the video tells a different story than the police report.
Sometimes witnesses remember things differently.
Sometimes a legal issue develops that wasn’t obvious on the night of the arrest.
That’s why I never like giving opinions before I’ve had a chance to review the evidence.
This is just as important.
Not every DWI case has a winning defense.
Sometimes the evidence is strong.
When that happens, part of my job is helping the client make the best decision going forward.
That may mean negotiating for a better outcome.
It may mean preparing for trial.
It depends on the facts.
An honest lawyer should tell you what they see—not simply tell you what you want to hear.
Sometimes I feel like some people call around to various lawyers looking for one dumb enough to buy their story. That only backfires on the defendant later.
One of the biggest mistakes people make is deciding what their defense is before anyone has reviewed the evidence.
They’ll spend hours reading internet forums and convince themselves they know exactly how the case should be defended.
Then we obtain the police reports or video, and the facts turn out to be very different.
That’s one reason I always tell clients to be patient.
The evidence usually answers far more questions than speculation ever will.
Don’t build your defense around something you hope happened.
Build it around what can actually be proven.
Courts decide cases based on evidence.
Not guesses.
Not rumors.
Not internet advice.
I don’t walk into a case with my mind already made up.
I let the evidence guide me.
Sometimes it helps the client.
Sometimes it hurts the client.
“Either way, I think it’s better to know the evidence than spend months chasing arguments that have no factual support.” – Carl Barkemeyer
That’s how I approach every DWI case.
One of the first things I tell new clients is this:
“I don’t know if you have a good case yet.” – Carl Barkemeyer
Some people are surprised to hear that.
They’ve already told me what happened. They want me to tell them whether they’re going to win.
But I can’t do that.
Not yet.
Before I give someone my opinion, I want to see the evidence.
Think of your case like a puzzle.
Every piece matters.
If you’re missing half the pieces, you can’t see the whole picture.
That’s why I don’t rush to conclusions after one phone call.
I want to put the puzzle together first.
The police report is usually one of the first things I review.
It tells me what the officer says happened.
-Why were you stopped?
-What did the officer notice?
-Did you admit to drinking?
-Were field sobriety tests given?
-Was a breath or blood test taken?
The report is important.
But remember…
It’s only one side of the story.
If there is body camera or dash camera video, I usually want to watch it.
Video can answer a lot of questions.
Sometimes it supports what the officer wrote.
Sometimes it doesn’t.
Either way, I’d rather watch the video myself than guess what it shows.
Don’t freak out if the prosecutor does not produce a video. Sometimes they don’t exist or can’t be reproduced. It happens.
If there was a chemical test, I want to understand the result.
But I don’t stop there.
People sometimes think the breath test is the whole case.
It isn’t.
It’s one piece of the puzzle. Nevertheless, a very big piece.
-Were other people in the car?
-Did someone see the traffic stop?
-Was there an accident?
-Did anyone actually observe what happened?
Sometimes witnesses matter.
Sometimes they don’t.
Every case is different.
People forget that their own words can become evidence.
That’s one reason I tell clients not to guess when they’re trying to remember exactly what happened.
I’ll compare what you remember with what the reports and the video actually show.
Sometimes they’re exactly the same.
Sometimes they’re not. In fact, most of the times, they’re not.
Memory isn’t perfect, especially after a drunken night.
This happens all the time.
A client tells me,
“The video is going to prove I was fine.”
Then we watch the video together.
Sometimes it does.
Sometimes it doesn’t.
I’ve also had clients tell me,
“The officer completely lied.”
Then we review the evidence and discover the situation wasn’t nearly that simple.
That’s why I try not to form opinions until I’ve seen everything that’s available.
People often spend hours trying to think of legal arguments.
I spend my time looking for evidence.
Because evidence wins cases.
Arguments without evidence usually don’t.
One thing I’ve learned is that clients are usually their own toughest critics.
After an arrest, they replay the night over and over in their head.
They start second-guessing every decision they made.
Some convince themselves they have no defense.
Others convince themselves (or their spouses) they have the perfect defense. By the way, they always convince Momma. After they’re done telling Momma about it, the whole police department should be under investigation.
Most of the time, the truth is somewhere in the middle.
That’s why I like to review the evidence before reaching conclusions.
Don’t assume the police report tells the whole story.
It tells the officer’s version of what happened.
That’s an important piece of evidence, but it’s still only one piece.
The rest of the evidence may support it, contradict it, or add important details that aren’t in the report.
“If you’ve read this far, you’ve probably noticed that I don’t make quick judgments about DWI cases. That’s intentional. I’ve learned that the evidence often tells a different story than the first phone call.” – Carl Barkemeyer
I’ve handled DWI cases for a long time.
One thing I’ve learned is that after people get arrested, they start looking for answers anywhere they can find them.
Friends give advice.
Coworkers tell stories.
Someone online says they know exactly how to beat a DWI.
The problem is that a lot of that advice simply isn’t true.
Let’s look at a few of the myths I hear most often.
This is probably one of the most common things people tell me.
They’ll say,
“The officer never read me my Miranda rights. Doesn’t that mean the case gets thrown out?”
Usually, the answer is no.
Many people misunderstand when Miranda warnings are required. Simply because you weren’t advised of your rights during the traffic stop doesn’t automatically mean your DWI charge goes away.
I’ve had clients spend weeks worrying about this issue when it wasn’t even one of the important parts of their case.
“If an officer doesn’t read your Miranda Rights, it just means that if he asks you questions while you are in custody, then your responses can’t be used against you.” – Carl Barkemeyer
In a DWI situation, the field sobriety tests can still be used against you, also the breathalyzer and blood test results, as well as everything else.
Almost every time I am told the officer didn’t read me my rights, the client is wrong. I’ll look at the video and see the officer reading the rights before questioning if the client was in custody. Alcohol has a funny way of making us not remember exact details accurately.
People sometimes assume everything is recorded.
It isn’t.
Some traffic stops have body camera video.
Some have dash camera video.
Some have both.
Some have neither.
One of the questions I hear is,
“Can you go find the video?”
Maybe.
But there isn’t always video to find.
Not everything in life is recorded.
The DA has to send it to us through the discovery process. If they don’t have it, then we can’t get it.
No.
Just because you have a poor case does not mean the lawyer can’t work out a deal to protect your criminal record and minimize the damage as opposed to just going in and plead guilty.
I hear this one all the time.
Somebody told them,
“Never blow.”
Life isn’t that simple.
Refusing a test doesn’t automatically make the DWI disappear.
If you refuse the chemical tests, the DMV can make you have an iginition interlock for 2 years to maintain a hardship license.
Some prosecutors refuse to help you out with the criminal charge if you refuse the breathalyzer.
Also, some judges throw the book at defendants who refuse the breathalyzer.
This surprises some people.
People sometimes assume that if the officer didn’t actually see them driving, there can’t be a DWI case.
The vehicle just has to be on to support “operating a vehicle” under the DWI statute in Louisiana. So, if you are in a parked running car, that is operating a vehicle.
I’ve probably heard “I only had two beers” more times than I can count.
Maybe it’s true.
Maybe it isn’t.
Either way, simply saying it doesn’t decide the case.
Everyone says they had “a couple beers.”
Probably not.
Different officer.
Different road.
Different facts.
Different evidence.
Different court.
That’s why I don’t compare cases.
Your case deserves to be evaluated on its own facts.
Being polite is always a good idea.
But being polite doesn’t mean the officer can’t arrest you.
I’ve had clients tell me,
“I was respectful the whole time.”
I believe them.
But if the officer believes there is probable cause to make an arrest, being polite usually doesn’t change that decision.
Be respectful because it’s the right thing to do—not because you think it guarantees you’ll avoid jail.
I hear this all the time.
Someone says,
“I only drove a few blocks.”
Or…
“I was almost home.”
The distance you drove usually isn’t the issue.
If the State believes you were operating a vehicle while impaired, driving one block and driving ten miles are both still driving.
If only it were that easy.
Coffee might make you feel more awake.
It doesn’t remove alcohol from your body.
Neither does a cold shower.
Neither does chewing gum.
Neither does eating a cheeseburger after you’ve already been drinking.
Time is what lowers your blood alcohol level.
Nothing else.
That’s great.
It may help in some ways.
But it doesn’t automatically make the DWI charge disappear.
Many of my clients have never been arrested before.
They have good jobs.
Good families.
Good reputations.
The fact that this is your first arrest doesn’t mean you can’t be charged.
Maybe.
Maybe not.
Judges hear DWI cases all the time.
Many defendants have families.
Many have jobs.
Many have never been arrested before.
Your story matters.
But the judge also has to apply the law.
Some people think if they could just talk directly to the judge for five minutes, everything would be fine.
I’ve heard that many times.
The problem is that court isn’t designed that way.
There are rules about evidence.
There are rules about testimony.
There are rules about what information the judge can consider.
That’s one reason people hire lawyers.
Some people think they should tell everyone exactly what happened.
Others think they should never say anything.
Neither approach is always right.
Every case is different.
Generally, if you plead guilty, the judge will take that into consideration at sentencing. On the other hand, if you decide to go to trial, then you are found guilty, the judge will not be as gentle as if you pled guilty. Many judges will sentence defendants straight to jail for up to six months if they get found guilty at trial.
Maybe your friend is right.
Maybe your friend has no idea what they’re talking about.
I’ve found that legal advice from friends is worth exactly what you paid for it.
Your friend’s case isn’t your case.
This comes up more than people realize.
Someone says,
“The officer found me sitting in my truck.”
Or…
“I was parked.”
No, the officer does not need to see you driving. In fact, many DWI arrests happen because an anonymous caller calls 911 and says a vehicle is swerving all over the place. Then, the vehicle crashes. Then, the officer appears. He didn’t see the defendant driving.
The DA just must be able to prove you were operating a vehicle.
People sometimes tell me,
“I did pretty well.”
The officer almost always lets the defendant feel like they passed the field sobriety test. He’s playing nice so you keep taking the tests and end up taking the breathalyzer.
Believe me, if the officer thought you did so well on the field sobriety test, he wouldn’t take you into the station and ask you to take the breathalzyer.
Sometimes officers are friendly.
Sometimes they aren’t.
Whether an officer was rude usually isn’t the issue.
The real question is whether the evidence supports the DWI charge.
I understand why people focus on the officer’s attitude.
I’ve heard people say that the jailers were mean to them. It’s a jail. It’s not supposed to be a nice place.
Probably not.
I’ve handled DWI cases for a long time.
I’ve never had two cases that were exactly alike.
Even when two people are arrested on the same night, their cases can be completely different.
That’s why I don’t compare cases.
This is backwards.
The time to learn about your options is before important decisions have already been made.
Waiting until after court often means you’ve missed opportunities to prepare.
No. The prosecutor has to only prove that you were driving while impaired. Impaired does not necessarily mean drunk. A little buzzed is likely impaired. It means your driving ability has been affected by the alcohol. That’s what the judge will be looking at.
In recent months, arrestees tell me “I didn’t take the breathalzyer until we were at the station.” This used to never be said. The internet must have some bad information on it regarding this.
There is no such thing as taking a breathalyzer on the side of the road in Louisiana. That may occur in other states or on TV and in movies. But, not in Louisiana.
One thing I’ve noticed over the years is that people spend a lot of time looking for one magic answer.
They hope they’ll find one mistake the officer made that makes everything disappear.
Sometimes legal issues do exist.
But most of the time, DWI cases aren’t decided because of one magic sentence someone read on the internet.
They’re decided by carefully reviewing all of the evidence.
Don’t build your expectations around YouTube videos, Facebook comments, Reddit posts, or stories from people at work.
I’ve had clients come into my office absolutely convinced they knew how their case would turn out because of something they read online.
By the time we reviewed the evidence together, they realized most of that advice didn’t even apply to their case.
If someone gives you legal advice, ask yourself one question.
“Have they actually read my police report?”
If the answer is no…
Then they’re probably guessing.
I’d rather base decisions on evidence than on opinions.
That’s served my clients much better over the years.
If I had to pick one mistake that hurts people the most, it’s believing something they heard from a friend instead of taking the time to understand their own case. Almost every week I meet someone who spent days worrying about the wrong issue while overlooking the things that could actually matter.
Louisiana DWI lawyers at the Barkemeyer Law Firm providing legal defense services for clients in ALL of Louisiana.
DISCLAIMER: The information on this website is not formal legal advice nor does it create an attorney-client relationship.
