Legal Question in DUI Law in Louisiana

Dwi

What is the process for 1st time DWI offenders with no prior records?


Asked on 3/10/08, 12:13 am

2 Answers from Attorneys

Robert Louque The Louque Law Firm, L.L.C.

Re: Dwi

Same process as any other DWI - after your release from jail, you go to an arraignment where you plead guilty or not guilty.

If you plead not guilty, you then go to trial. In some parishes you may have a pretrial conference in between the arraignment and trial.

MADD are really been putting a lot of pressure on District Attorneys to prosecute DWIs aggressively. Coupled with the fact that this year is an election year for a lot of them, your chances at an outright dismissal, without winning at trial is zero. You may be able to bargain for pretrial intervention or a 894.

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Answered on 3/10/08, 1:10 am
Andrew Casanave Andrew M. Casanave

Re: Dwi

First, every person accused of DWI faces two proceedings. If you took a chemical test and your reading was at or above 0.080 (lower if you are under 21 years old) or if you refused the test you are subject to the suspension of your drivers' license. You are entitled to a hearing challenging that suspension but have a very short time after your arrest to request that hearing.

There is also the criminal charge. The fine can be as high as $1000.00 and you can get up to 6 months in jail. The only way to get no jail if convicted is to take a defensive driving course, attend a substance abuse program and perform 4 - 8 hour days of community service.

I suggest you contact a lawyer immediately to learn what defenses are available.

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Answered on 3/10/08, 7:25 am


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