West Virginia Finance

Nov 30 2017

Dwi attorney baton rouge #dwi #attorney #baton #rouge


#

It can happen to nearly anyone.

On a Friday or Saturday night, you have had a few drinks and see the flashing lights of the patrol car. This is often the first part of a very bad night that can include several hours or sometimes several days of time in jail.

After The Arrest

It’s simple—hire an attorney.

Whether or not you choose to call us, do not attempt to handle the case on your own. The District Attorney (DA) prosecutes DWI cases daily. Hopefully, this will be the only one you will ever have to handle in your lifetime. Should you go against the DA on your own, you will be mismatched. Both the officer and the prosecutor are experienced with the process. In short, you will likely be the only novice in the entire procedure. An attorney can examine the basis for the stop and whether or not the police officer properly did his job.

Depending on the circumstances, it’s not uncommon for the entire charge to be dismissed or won in court. Even if you are convicted or have to plead guilty, an attorney may still be able to keep the charge off your record. Hiring a lawyer can sometimes help you avoid mandatory jail time or shorten the number of hours of community service.

On higher grade DWI charges, it’s especially wise to hire a lawyer to examine the previous convictions to see whether or not you should have been charged with a 1st offense, instead of a 2nd, 3rd, or 4th level DWI.

Louisiana has a DWI cutoff of .08 grams of alcohol per blood or breath sample (BAC). This means that after typically three or more drinks (see chart) most people are driving above the limit. Following the initial stop, the police officer will generally ask that you submit to several physical tests and answer a series of questions including where you were coming from and how much you had to drink. Depending on the answers, he will likely take you to the police station and ask you to blow into a Breathalyzer machine.

THE INITIAL STOP

Most DWIs begin by the officer stopping your vehicle on a pretext or other minor violation in the hope that you have been drinking. This normally happens at night after 8:30 P.M. when the officer knows that a significant number of motorists have had drinks. Often the cop will stake out a bar or other location that he knows people will have consumed alcoholic beverages.

The officer stops the vehicle and then begins to ask the driver questions designed to elicit a confession that you have been drinking and feel impaired. The cop will then attempt to get the driver to take what he will claim are “standard” field sobriety tests.

A BAC above 0.15 now requires mandatory jail time – even on a first offense. It is more important than ever to have a qualified, expert attorney on your side.

All DWIs may include the loss of your Driver s license and JAIL.

Penalties
All DWIs may include the loss of your Driver s license and jail.

1 st DWI
A BAC above 0.15 now requires mandatory jail time – even on a first offense. It is more important than ever to have a qualified, expert attorney on your side.

LIKELY JAIL TIME

32 hours Community Service, Driver Improvement Program, Substance Abuse Counseling, Possible Jail Time (depending on BAC) and up to six months in jail.

JAIL TIME IS NOW REQUIRED

MANDATORY JAIL TIME

240 hours community service, Driver Improvement Program, Substance Abuse Counseling, Mandatory Jail Time, and up to six months in jail.

3 rd DWI
$2000 fine
Vehicle seized and sold

JAIL TIME IS NOW REQUIRED
Ankle bracelet monitoring on probation

MANDATORY JAIL TIME

One to Five Years Jail. (FELONY)

4 th DWI
$5000 fine
Vehicle seized and sold

JAIL TIME IS NOW REQUIRED
Ankle bracelet monitoring on probation

MANDATORY JAIL TIME

Ten to 30 Years Jail. (FELONY)

THE INITIAL STOP

As a general rule, you should refuse the field tests. There is no established penalty for such a refusal but the officer will probably take you to the station for a blood or breath test for alcohol. The main reason that you should refuse the field tests is that they are very subjective meaning that the officer is the sole judge of whether you passed or failed. There will likely be no tape or other evidence showing how well or poor you performed the exams – only the word of the arresting officer.

THE INITIAL STOP

Once at the station, you should refuse the breath or blood test unless you really believe that you will pass. There is a suspension of your driver’s license for refusal but also a suspension (slightly shorter) if you fail the test. However, if you score significantly above the limit on a 1st or 2nd offense DWI there is mandatory jail time.

AFTER THE ARREST

HIRE AN ATTORNEY.

Whether you hire this office or another, do not attempt to handle the case on your own. The District Attorney (DA) prosecutes these cases daily. You will hopefully only have one over your lifetime. Should you go against the DA on your own you will be mismatched. Both the cop and the prosecutor are experienced and familiar with the process: you are likely the only novice to the procedure.

An attorney can examine the basis for the stop and whether the police officer did his job right. Depending on the circumstances, it is not uncommon to have the entire charge dismissed or won in court. Even if you are convicted or have to plead guilty, an attorney may still be able to keep the charge off your record.

Sometimes hiring a lawyer can help you avoid the mandatory jail time or lessen the hours of community service. It is also especially necessary to hire a lawyer on higher grade DWIs to examine the previous convictions to see whether you should have been charged with a

1st offense instead of a 2nd, 3rd, or 4th level DWI.

Fact-based insight and observations on the law surrounding DWI and other legal issues.

You’ve had a few drinks. You’re headed home and see the flashing lights of a patrol car. This is often the beginning of a very bad night…or days in jail

Often the cop will stake out a bar or other location where he (or she) knows people will have consumed alcoholic beverages.

We talked about what to expect at the initial stop and what to do and not do there or at the police station. What is the most important thing to do now?

A DWI can be one of the costliest arrests.

There is a nationwide trend to force blood draws for potential DWI arrests.

A charge of driving under the influence, or DWI, is a black spot on your record, but it doesn’t have to be.

…a moment of indiscretion that turns lives upside down.

It can happen to nearly anyone. On a Friday or Saturday night, you have had a few drinks and see the flashing lights of the patrol car. This is often the first part of a very bad night that can include several hours or sometimes several days of time in jail.

After The Arrest

It’s simple – hire an attorney. Whether or not you choose to call us, do not attempt to handle the case on your own. The District Attorney (DA) prosecutes DWI cases daily. Hopefully, this will be the only one you will ever have to handle in your lifetime. Should you go against the DA on your own, you will be mismatched. Both the officer and the prosecutor are experienced with the process. In short, you will likely be the only novice in the entire procedure. An attorney can examine the basis for the stop and determine whether or not the police officer properly did his job.

Depending on the circumstances, it’s not uncommon for the entire charge to be dismissed or won in court. Even if you are convicted or have to plead guilty, an attorney may still be able to keep the charge off your record. Hiring a lawyer can sometimes help you avoid mandatory jail time or shorten the number of hours of community service.

On higher grade DWI charges, it’s especially wise to hire a lawyer to examine the previous convictions to see whether or not you should have been charged with a 1st offense, instead of a 2nd, 3rd, or 4th level DWI.


Written by admin


Leave a Reply

Your email address will not be published. Required fields are marked *