What is the Best Outcome in a DWI case?
The best outcome in a DWI case is a dismissal. Dismissals in DWI and DUI cases in Louisiana are very difficult to come by. The reason is that prosecutors are under fire politically when it comes to simply dismissing a DWI. There are many organizations that are watching prosecutors very closely to make sure they don’t just throw out DWI cases.
The Internet Provides Bad Information
If you have a DWI charge, you are likely reading about DWI on the internet. Most of the information on the internet is just marketing garbage. It is meaningless to your case and situation. Most of the information doesn’t even apply to your state.
You may read on the internet that the prosecutor will just dismiss the case if this or that. The most common is when someone writes that your case should be dismissed because “the officer didn’t read your Miranda rights.” This is nonsense. Here is a law school lesson: Miranda rights only apply to a statement the arrestee made while in custody after being questioned. If you have a good cause to exclude the statement, it doesn’t get the case dismissed. It only prevents the statement from coming in as evidence. This is just one example of the myths out there.
How Does a DWI Case Get Dismissed?
Basically, your case needs to have some good facts in the arrest or regarding the defendant’s circumstances. For instance, if the arrest does not involve an accident, the blood alcohol limit was low, and he/she has a clean record, the prosecutor may be willing to dismiss if the defendant completes a DWI class and pays fines, etc.
If you try to go the route of getting the DWI dismissed on the facts, you’ll need an experienced DWI lawyer who knows what to look for out of the dozens on possible issue in a DWI.
The Worst Mistake You Can Make
The worst mistake you can make is to just go to court and plead guilty without an attorney. When Uncle Jimmy tells you that you don’t need a lawyer and to just go down to the courthouse and plead guilty, realize that he is not a lawyer and probably has no idea what he is talking about. You might be trying to save a few bucks, but it will backfire on you and cost you much more down the road in license suspensions and damage to your criminal background.
DWI Law Firm
The Barkemeyer Law Firm is a group of Louisiana DWI lawyers that practice primarily DUI defense in all areas of Louisiana. We are not spending our time and efforts on personal injury cases or traffic tickets. We focus on DWI defense all day, every day.
If you’re facing a DUI charge, don’t hesitate to contact us. The right defense can make all the difference in protecting your rights, your record, and your future. This article was written by Louisiana DWI attorney Carl Barkemeyer of Barkemeyer Law Firm.
