New Orleans
⎯⎯DWI Attorney⎯⎯

If you are stopped for suspicion of operating a vehicle (even a watercraft) while under the influence, you will have only 2 choices. Either you take the Intoxilizer Test or you refuse it. There are consequences for both choices.

Taking the "Blow Test" and passing it (a .07 BAC or below), then you’re probably ok. However, if the officer feels that you are on drugs (prescription or those obtained illegally), you may be subject to arrest and blood testing. Even if it turns out that you ultimately are found not to have ingested drugs, the experience of sitting in jail all night could be harrowing in and of itself. On the other hand, if you blow a .08 BAC or more, you will be arrested. Believe me, it is no fun. Generally, you are put in a lock-up with people who have committed far worse crimes. They are dangerous, filthy, and many can be aggressive. The jailor will be slow to respond to your cries for help in the event you are attacked while in lockup. It is no picnic for the faint of heart.

Now, you can also choose to refuse to take the Intoxilizer Test. The police will tell you that there are consequences for such refusal. Some police may tell you that you are not entitled to refuse the "Blow Test." You do have a constitutional right not to give evidence that could be used against you; however, the police can and will still arrest you! If you think you’re so smart in refusing the "Blow Test", the police will still conduct a Field Sobriety Test. I promise you that you will fail that and you will be arrested. The prosecutor will have the evidence to convict you based on the Field Sobriety Test alone. The judge does not rely solely on the results of the Intoxilizer Test. He can still find you guilty based on the findings from the Field Sobriety Test.

There are quasi-criminal consequences for refusing the Intoxilizer Test. Remember, the issuance of a driver's license is a privilege. The privilege comes with strings attached to it. One of the strings is that your driver’s license can and will be suspended for up to 6 months for such a refusal. This is known as the Implied Consent law in Louisiana.

So far, all of the information above seems to indicate that the outcome for a DUI/DWI arrest is rather dismal. It can be, but doesn’t have to be. An attorney who knows how to defend such cases can find loopholes that could bring about a better result for you.

Should you be arrested for DUI or DWI, then your case will follow 2 distinct tracks. On the one hand, you will be charged in Traffic Court with the criminal offense of DUI/DWI. Secondly, you will get an administrative hearing (quasi-criminal) for the suspension of your driving privileges. The Administrative hearing is not automatic. It must be requested in writing. A lawyer will handle both of these proceedings for you.

The whole process from arrest to Judicial outcome, including the Administrative Hearing, can take as long as 1 year. It can also be expensive. There are lawyers' fees, possible court fees and fines, and possible costs associated with a variety of programs that you may have to attend to comply with Court orders, possible probation, and possible jail time. The penalties can be enhanced by virtue of subsequent arrests and/or convictions.

Tourists convicted of DWI or DUI in Louisiana can face the same penalties as a resident of the state. New Orleans relies heavily on tourism, and high-traffic dates lead to increases in drinking and driving.