DWI Lawyer in South Baton Rouge

In South Baton Rouge, the seriousness of a Driving While Intoxicated (DWI) or Driving Under the Influence (DUI) charge cannot be overstated. Not only are the charges themselves steep, the potential penalties if convicted can have long-lasting effects on one’s personal life, professional reputation, and overall quality of life. This article seeks to offer clarity on the specifics of DWI charges in the South Baton Rouge area of Baton Rouge, Louisiana. South Baton Rouge encompasses the area south of I-10 and north of the Mississippi River. We have found that many DWI arrests occur in South Baton Rouge specifically by the Louisiana State Police. It underlines the necessity of seasoned legal representation and serves as a comprehensive guide for those facing such charges.

Explanation of the Crime: DWI

In Baton Rouge, as in all other areas of Louisiana, DWI is considered a severe offense. It refers to the act of operating a vehicle while under the influence of alcohol or drugs to the extent that one’s ability to drive safely is compromised. The state law defines legal impairment based on blood alcohol concentration (BAC). For individuals aged 21 or older, the legal BAC limit is .08%. However, for those under the age of 21, the BAC limit is significantly lower, at .02%.

It’s worth noting that DWI applies to a wide range of vehicles, not just cars. You can also face charges for operating boats, motorcycles, and other motor vehicles while under the influence.

What Must Be Proven

In a DWI case, the burden of proof lies with the prosecution. They are tasked with establishing certain elements beyond reasonable doubt. Firstly, they must prove that the defendant was in actual physical control of a vehicle. This means that the person must have been in the driver’s seat, with the engine running, or in some circumstances, with the keys within reach. Secondly, they must establish that the defendant was indeed impaired due to the consumption of alcohol, drugs, or a combination of both.

Two Cases

1. DWI is a crime. If you are convicted, you will be considered to have a criminal conviction on your record. The criminal case takes place in a courthouse. You and your lawyer will go to a courtroom and deal with a prosecutor and judge. This is the stage where we examine the reports and video and choose to go to trial, plead guilty, or work it out with the prosecutor.  Usually, the court date is the appearance date on your bond paperwork or at the bottom of your ticket.
2. The Administrative Hearing is requested by your attorney within 30 days from the date of arrest. Be sure not to miss this time period or else you lose the right to request it. This Hearing is so we can fight the proposed suspension of your driver’s license. The State will attempt to suspend your license if you refused the breathalyzer or blew over the limit. You will be given a 30-day temporary license after the arrest. We will request the hearing to make the State prove they can take your license.

Driver’s License Hearing

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.

Penalties for DWI

The legal consequences of a DWI conviction in Louisiana are substantial. A first-time offender could face a fine of up to $1,000 and a jail sentence of up to six months. The severity of these penalties may increase with the number of previous offenses, with the presence of minors in the vehicle at the time of the arrest, or with a BAC significantly higher than the legal limit.

Furthermore, the convicted individual may have their driver’s license suspended, be placed on probation, or be required to perform community service. They might also be mandated to attend alcohol education programs or substance abuse treatment, and may need to install an ignition interlock device on their vehicle.

Defenses to DWI Charges

While facing a DWI charge might seem overwhelming, it is important to remember that there are valid defenses that can be used to challenge the accusations. These may include questioning the accuracy of the BAC test, whether it was administered properly and the equipment was well maintained, or whether the officer conducting the test was properly trained.

Additionally, the legality of the initial traffic stop can be contested. Did the police officer have a legitimate reason to stop you? Did they follow correct procedure during the arrest? If there were errors in the arrest procedure or the officer violated your rights, this can be used in your defense.

Carl Barkemeyer: South Baton Rouge DWI Lawyer

If you are facing DWI charges in South Baton Rouge or anywhere else in Louisiana, Carl Barkemeyer is the attorney you need. With a reputation for providing aggressive representation, Barkemeyer has a wealth of experience navigating the intricacies of Louisiana’s complex DWI laws and uses this knowledge to build robust defenses for his clients.

Mr. Barkemeyer extends his expert services to both Louisiana residents and out-of-state clients facing charges within the state. His experience spans handling not only DWI charges but also a variety of related offenses, including drug possession and trafficking charges.

Mr. Barkemeyer’s dedication to his clients is unmistakable. He adopts a personalized approach for each case, painstakingly evaluating every detail to provide tailored advice based on the unique circumstances. With a commitment to ensuring that his clients are not just represented, but truly understood, Mr. Barkemeyer stands apart in his field.

Facing a DWI charge is undeniably daunting. The potential legal ramifications are serious, and the need for an experienced, competent attorney cannot be overstated. Carl Barkemeyer, with his impressive track record and profound understanding of Louisiana’s DWI laws, is the go-to legal ally in such circumstances. His dedication to his clients and his tireless pursuit of the best possible outcomes is what you need in these challenging times. If you find yourself facing such charges, do not hesitate to secure the legal assistance you deserve. Reach out to Carl Barkemeyer – your rights, and your future, are worth fighting for.

A DUI or DWI is a serious situation that requires immediate attention of a Baton Rouge DUI lawyer. Contact South Baton Rouge DWI lawyer, Carl Barkemeyer at (225) 964-6720.