DWI Questions

Will I have a criminal record?

You will have the fact of the arrest on your record during the pending case. If you are convicted, you will then have a conviction on your record as well. The only way to remove the arrest and/or conviction from your record is to file an expungement. However, the case must be handled a certain way to make you eligible to file for an expungement. Never just go plead guilty. This is where an experienced West Baton Rouge DUI attorney can help.

Is there jail time on a first offense DWI conviction?

The DWI statute provides for jail time up to six months or the judge can place the defendant on probation. In most cases, the judge will place the defendant on probation. However, your driver’s license can be suspended for at least one year as a result of the conviction.

What are the penalties for a DWI in Louisiana?

It depends on the number of prior DWI convictions you have. If the prosecutor charges you with DWI second offense, that is a misdemeanor with 48 hours of mandatory jail time. DWI third offense and more are felonies punishable by prison time.

Will I lose my license?

The DMV can suspend your license upon it being notified of you blowing over the legal limit, refusing the breathalyzer, and/or a conviction.  Also, depending on the number of previous submittals, refusals, or convictions you have, the DMV could extend those suspensions.  We help with minimizing the suspension of your license.

I blew in into the breathalyzer many times and they still gave me a refusal. Why?

Because the officer probably felt you were trying to beat the machine. They’ve figured that one out already. Also, if the officer can’t get an accurate read, then it is considered not a read, therefore, a refusal.

The officer said I passed all the field sobriety tests. Why did I get arrested?

He told you that because he is trying keep you cooperating so he can get more evidence on you, such as getting you to take the breathalyzer.

Do I need to go in to the DMV?

You may need to go to the DMV to obtain an identification card if the officer lost your license. This is required, but might help you get around. Once you hire us, we will file the proper paperwork regarding the suspension of your license. You only have 30 days from the date of arrest. Don’t wait.

Will I lose my job?

It depends on your employer. First, it depends if your employer will find out. Second, it depends what your employer’s policies are regarding a DWI arrest. Louisiana is a “fire at will” state. So, employers could fire you if they want for getting a DWI arrest.

Do I need to tell my employer and my insurance?

You must tell your employer if you have a duty to do so. Same with professional Boards. You may have a duty to self-report the DWI arrest. You may have an agreed obligation to notify your insurer, specifically if there was an accident.

Can this ever be erased from my record?

Probably, it just depends on how we resolve the case. Most DWI first offenses can be removed from the record at some point. There are often many ways to handle a DWI case in West Baton Rouge. An experienced DWI lawyer will help.

What is the first thing I need to be concerned with?

Hiring a DWI lawyer within 30 days from the date of arrest so he can request the administrative hearing and start to examine the case. Do not wait until you start going to court. Too late then.

Will I have to go to court?

It depends. We go to court for our clients in West Baton Rouge so they do not have to quite often. Some cases will require your presence, such as felony DWI and pleading guilty.

What happens in court?

Your first court date is an Arraignment in which the judge will inform you of the charge. The following court dates vary based on the progress of the case.

Will it help if I appear in court?

It depends on the type of case you have. Most times it does not matter. The judges understand that if the lawyer for the client is there, that is good enough, unless it is mandatory for the defendant to be present.

The officers told me I can probably get my case reduced or dismissed and not to worry about it. Is that true?

Never take advice from a police officer. NEVER.

I hear certain courts are better than others. Is that true?

All prosecutors and judges approach DWI pretty similarly in Louisiana. That is seriously. They worry about if the defendant will commit another DWI and kill someone. DWI is no joke in Louisiana.

Will I need a breathalyzer in my car?

The result of the case will determine that. If you lose your driver’s license, you may apply for a hardship license. If the DMV agrees to issue one, the will require you to install the ignition interlock device, aka blow and go.

Does it really cost more than $10,000 for a first DUI?

Our fees are very affordable. However, DWI in Louisiana is costly because the other fees and fines just add up over a period of time.

Do I need a lawyer for a DUI in West Baton Rouge?

Only if you care about your future and if you like to understand what is going on and the decisions you are making regarding your DWI case.

How can you help me?

We have been defending clients with DWI in West Baton Rouge for over 18 years. We have defeated many DWI charges and gotten many reduced. Although we can’t promise anything, this is what we do. Contact us at 225-964-6720 if you need a Port Allen DWI lawyer.