DWI Lawyer in the Santa Maria Area of Baton Rouge

Being charged with a DUI offense is a daunting and complex situation. If you or a loved one are facing such charges in the Santa Maria Area of Baton Rouge, it is crucial to secure proficient legal representation to navigate the complexities of the law. Carl Barkemeyer, a renowned DUI defense attorney, has a longstanding commitment to representing individuals in the Baton Rouge area, including the Santa Maria Area, who have been charged with DUI offenses. With his local expertise and comprehensive understanding of the DUI laws in Louisiana, Mr. Barkemeyer aims to provide the most effective defense possible for his clients.

Prosecutor Must Prove DWI

In Louisiana, securing a DUI conviction is contingent upon the prosecution successfully proving several key elements. These include:

1. Operation of a Vehicle: The prosecution must first establish that the defendant was indeed operating a vehicle when the alleged offense took place. This could involve driving a car, truck, motorcycle, or even a boat.
2. Impairment: The second element revolves around the defendant’s impairment. The prosecution has to demonstrate that the defendant’s normal faculties were noticeably impaired by alcohol or drugs at the time of the offense. This usually necessitates evidence obtained from field sobriety tests or chemical tests, such as breathalyzer or blood tests.
3. Blood Alcohol Concentration (BAC): The third element relates to the defendant’s BAC level. In Louisiana, the legal limit for individuals 21 years of age and older is a BAC of 0.08%. For commercial drivers, the limit is lowered to 0.04%, while for those under 21, any detectable amount of alcohol can result in a DWI charge.

Given the complexity of these elements, having an experienced attorney like Carl Barkemeyer can be invaluable in questioning the prosecution’s assertions and evidence.

Penalties for DUI

Louisiana enforces severe penalties for DUI convictions, designed to deter potential offenders. Even for a first offense, individuals may face a fine of up to $1,000, up to six months in jail, suspension of driving privileges, and mandatory participation in a substance abuse and driver improvement program. For those convicted of a second offense, the penalties become increasingly severe, potentially including longer jail sentences, larger fines, and extended periods of license suspension. An ignition interlock device may also be required on any vehicle the offender drives.

Defenses to DUI Charges

While a DUI charge may seem insurmountable, there are several defense strategies that can be employed:

1. Challenging the Legality of the Traffic Stop: This defense revolves around questioning whether law enforcement had a legitimate reason to initiate the traffic stop. If it can be proven that they did not, any evidence obtained as a result may be suppressed.
2. Questioning the Accuracy of Sobriety Tests: Sobriety tests are not infallible. The administration and accuracy of these tests can be challenged by an experienced attorney, potentially undermining the prosecution’s case.
3. Failure to Follow Proper Procedures: Law enforcement officers must adhere to strict procedures during DUI arrests. Any deviations can be used as a defense.

DWI Expungement

There are basically three scenarios regarding DWI and expungements. First, the defendant pleads guilty or is found guilty at trial. If the judge elects to sentence the defendant under article 894 and the defendant successfully completes probation, the defendant can then file a motion to expunge the record. There are many details with this but that is the gist of it. Second, if the defendant is convicted but not sentenced under 894, he or she may file an expungement if more than five years have elapsed since the he or she completed any sentence, deferred adjudication, or period of probation or parole, and he or she has not been convicted of any felony offense during the five-year period, and has no felony charge pending against him or her. Third, if the defendant completed a pretrial program that resulted in a dismissal, he may file an expungement of the arrest only after 5 years have passed since completing the program. In this case, it is just the arrest that would be on the defendant’s record during the five-year waiting period, as opposed to an arrest and conviction. 

Carl Barkemeyer: Santa Maria DUI Attorney

Carl Barkemeyer is a highly experienced criminal defense attorney who has dedicated his career to defending DUI charges. With a deep understanding of Louisiana law and the Baton Rouge court system, he has built a reputation for his tenacity, commitment to justice, and a personalized approach to each case.

Whether you’re a Louisiana resident or an out-of-state visitor facing a DUI charge in Santa Maria, Mr. Barkemeyer can provide the legal support you need. He has extensive experience handling cases involving drug possession and trafficking charges and is well-versed in crafting effective defense strategies for DUI cases.

Mr. Barkemeyer’s approach to his work is characterized by his dedication, meticulous preparation, and personalized attention to each client’s case. He understands that each case is unique and requires a tailored strategy. His guidance and defense strategies are customized to each client’s situation and needs.

Mr. Barkemeyer’s practice is not limited to Santa Maria; he also represents clients in various parishes throughout Louisiana. His extensive experience and comprehensive understanding of Louisiana DUI law make him an invaluable ally when facing these charges. His years of experience and his successful track record are a testament to his ability to handle the complexities of DUI cases effectively.

If you or a loved one are dealing with a DUI charge in Santa Maria, reach out for legal support. Contact Carl Barkemeyer, Criminal Defense Attorney, for the legal guidance you need to navigate this challenging situation. His dedication, expertise, and proven strategies can provide the support you need to face your charges confidently.