Criminal Attorneys & DWI Lawyers in Covington, New Orleans, and Shreveport Louisiana
DWI Lawyer in the Old Jefferson Area of Baton Rouge
DWI Arrest in Old Jefferson
Driving while intoxicated (DWI) or driving under the influence (DUI) is a serious criminal offense that can lead to severe penalties and repercussions. In the state of Louisiana, these offenses are not taken lightly, and the legal system is stringent in prosecuting these cases. This article aims to provide an in-depth understanding of DWI and DUI charges within the state, focusing particularly on those who are residents of, or have been charged within, the Old Jefferson area of Baton Rouge.
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.
Explanation of the Crime: DWI
Driving while intoxicated (DWI) or driving under the influence (DUI) refers to the criminal act of operating a motor vehicle while impeded by either drugs, alcohol, or a combination of both. In Louisiana, a person can be charged with DWI if they are found operating a vehicle with a blood alcohol content (BAC) of 0.08% or higher. This limit is reduced to 0.02% for drivers under the age of 21. Importantly, the law applies to both legal and illegal substances—any substance that impairs your ability to drive safely can lead to a DWI charge. This underscores the seriousness of the offense and the comprehensive nature of the law.
What Must Be Proven
For a DWI conviction in Louisiana, the burden is on the prosecution to prove beyond a reasonable doubt several key elements of the crime. Firstly, the defendant must have been operating a vehicle. This is broadly defined to include any motor vehicle, aircraft, watercraft, or other means of conveyance. Secondly, the defendant must have been under the influence of drugs, alcohol, or both. Lastly, the prosecution must be able to demonstrate that the defendant’s mental or physical abilities were impaired due to the influence of alcohol or drugs. It’s important to note that this impairment need not be severe, it only needs to be sufficient enough to affect one’s driving ability.
Penalties for DWI
The penalties for a DWI conviction in Louisiana can be quite severe and tend to increase with each subsequent offense. For a first offense, possible penalties include a fine of up to $1,000 and imprisonment for up to 6 months. A second offense can lead to a fine of up to $1,000 and imprisonment for between 6 months to 1 year. For a third offense, the penalties escalate to a fine of up to $2,000 and imprisonment for 1 to 5 years. Apart from these penalties, individuals convicted of DWI may also face driver’s license suspension, mandatory participation in alcohol education programs, and be required to perform community service.
Defenses to DWI Charges
Despite the serious nature of DWI charges, there are several defenses that can be employed to contest them. These include challenging the legality of the traffic stop, the accuracy of the breath or blood test, or the procedures followed during the arrest. Another common defense is to challenge the evidence of impairment, particularly in cases where the BAC was close to the legal limit or if there were other factors that could have influenced the impairment test.
Carl Barkemeyer: Baton Rouge DWI Lawyer
If you are facing DWI charges in the Old Jefferson area of Baton Rouge or elsewhere in Louisiana, it is essential to seek the counsel of a seasoned attorney like Carl Barkemeyer. With years of experience in the field, Mr. Barkemeyer has developed a deep understanding of the intricacies of DWI charges, and he knows how to effectively navigate the legal system to protect his clients’ rights.
Carl Barkemeyer is committed to providing robust defense strategies forhis clients. His approach is characterized by tenacity, empathy, and an unwavering dedication to his clients’ best interests. He understands that every case is unique and requires a personalized strategy, tailored to the specific circumstances of the charge and the client’s personal situation.
Mr. Barkemeyer’s experience extends beyond DWI cases. He has successfully defended clients facing a wide range of criminal charges, including drug possession and trafficking. This breadth of experience allows him to approach DWI cases from multiple angles, considering all possible factors and implications.
Moreover, his experience extends geographically as well. He has defended clients across various parishes in Louisiana, which has given him a comprehensive understanding of the state’s legal landscape. This experience is invaluable when defending clients in the Old Jefferson area of Baton Rouge and other locations across the state.
A DUI or DWI is a serious situation that requires immediate attention of a Baton Rouge DUI lawyer. Contact Old Jefferson DWI lawyer, Carl Barkemeyer at (225) 964-6720.
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Louisiana DWI & Criminal Lawyers
Louisiana criminal lawyers and DWI attorneys at the Barkemeyer Law Firm providing legal defense services for clients in Baton Rouge, Ascension, Livingston, Tangipahoa, Port Allen, Alexandria, New Orleans, Lafayette, Metairie, Kenner, Gretna, Hahnville, Chalmette, Slidell, St. Tammany, St. Charles, St. John, St. Bernard, Mandeville, Covington, Shreveport, Bossier, Jefferson, and all of Louisiana.
DISCLAIMER: The information on this website is not formal legal advice nor does it create an attorney-client relationship.