Baton Rouge DWI Attorneys

In Louisiana, it is illegal to drive a car while under the influence of alcohol. Louisiana law states that having a blood alcohol percentage of 0.08 or higher will result in a DWI charge. If you were arrested under suspicion of DWI, you could face having your vehicle confiscated, jail sentencing, license suspension, and more. Let the Baton Rouge criminal defense lawyers at Dewey & Braud Law, LLC help you fight the charges. These charges may have penalties that will effect your future and freedom.

What are the Penalties for a DWI in Louisiana?

In Louisiana, your first two DWI's are misdemeanors and have the penalties that come with such a charge. Your third and beyond then become felonies. DWIs stay on your record until the end of your 10 year "Cleansing period" after which that DWI can no longer be used against you in court to enhance your charges. Penalties for a DWI can depend on several factors: your BAC level at the time of arrest, if you have had prior DWI convictions, if you caused an accident or if you caused any injuries.

What Are the Possible Penalties for Your First DWI?

• $300-1000 in fines ($750-1000 with a BAC of 0.2 or greater)
• At least 10 days and up to 6 months incarcerated
• 12-month driver's license suspension (2 years with a BAC of 0.2 or greater)
• Attending a substance abuse program
• 32 hours of community service

What Are the Possible Penalties for Your Second DWI?

• $750-1000 in fines
• 30 days to 6 months incarcerated
• 2-year driver's license suspension (4 years with a BAC of 0.2 or greater)
• 240 hours of community service
• Attend a substance abuse program

What Are the Possible Penalties for Your Third DWI?

• $2000 in fines
• 1 to 5 years incarcerated
• 36-month driver's license suspension
• 240 hours of community service
• Attend a substance abuse program

Remember, the State has the burden to prove all the elements of the crime to obtain a conviction and your breathalyzer test may have been administered unlawfully or on faulty equipment. Dewey & Braud Law, LLC will challenge those elements on your behalf! Request a case review to get your defense started.

What Should I do if I am Pulled Over for DWI?

If you have ever been arrested for a DWI, you know it can be incredibly scary. You are first stopped by a law enforcement officer, typically for a traffic violation, then before you know it, you’re in handcuffs and going to jail. Your mind is racing about your job, your family, and how expensive a DWI can be to deal with. Typically, you feel powerless in this situation.

Dewey & Braud Law, LLC has some advice for you if you are ever stopped by an officer:

• 1. Make sure you stop in a safe and well-lit area, completely off the roadway.
• 2. Be cooperative and polite with the officer when he or she asks you to provide your driver’s license and other documentation (proof of insurance or registration).
• 3. If the officer suspects you have been drinking, you will likely be asked to step out of the vehicle.
• 4. Lastly and most importantly, DO NOT answer any further questions, nor do any field sobriety tests and request an attorney.
• 5. At this point you may be arrested, however you have not provided any evidence against yourself.

Generally speaking, you should not assist law enforcement in building their case against you. Remain polite and cooperative throughout your contact with the officer, but do no incriminate yourself by answering any questions or performing any tests. Simply request your attorney and remain silent.

How Long Does a DWI Stay on Your Record in Louisiana?

A DWI in Louisiana will stay on your driving record for a minimum for 10 years, but they will permanently stay on your criminal record.

Defense for Commercial & Common Drivers

Our firm also handles DWI cases that involve commercial & common drivers. As your livelihood can be on the line, it is more important than ever to get the right defense for your case when protecting your driving privileges. Our Baton Rouge DWI lawyers will take the time to review your case and will ensure you receive the best possible outcome for your case.

Our team includes attorneys who are:

• Certified by the NHTSA in sobriety testing
• Certified to administer breath tests on the Intoxilyzer 5000
• Members of the DUI Defense Lawyers Association

And Dewey & Braud Law, LLC can assist you with:

• Requesting an Administrative Driver's License Hearing. You only have 30 days from your arrest date to request a hearing to challenge your license suspension for a breath test failure or refusal. If you do not request a hearing within that time-frame, your license will automatically go under suspension!
• Challenging the admissibility of the breath or blood result. For example, did law enforcement follow the strict guidelines set forth in Title 55 for breath and blood testing?

What Happens if you Refuse a Breathalyzer in Louisiana?

If you refuse a breathalyzer or the blood and urine test in Louisiana, your driver's license is automatically suspended. The driver will be subjected to Louisiana’s implied consent law that allows legal penalties for failure to submit to a BAC test.

DWI Defense in Louisiana

If and when you are charged with a DWI, hire an experienced DWI firm, Dewey & Braud Law. The penalties you could be facing could have damaging effects to your reputation and your future. It is absolutely vital that you seek legal counsel that will provide your case with the necessary attention to detail and attorneys that are familiar with the local area. We will work closely with you so you stay informed throughout the entire process. Your freedom is our priority.