You may need to enroll in a Pre-Trial Diversion program to avoid having a conviction on your record if you have been charged with a crime. However, you must be eligible for the Diversion program to enroll in it.  Once you enroll, you must complete the program and fulfill all the requirements to avoid prosecution for the crime.

The conditions and the requirements for the program are based on the nature of the charge you face. You also need to pay a certain fee or fees for this program before the charges can be resolved.  Pre-Trial Diversion program can also be referred to as Pre-Trial Intervention (PTI) program. Sometimes cases are rejected because they appear to be beyond the scope of the program.

Louisiana Pretrial Intervention

For a DWI, you have to be a first time offender with a non-violent felony or misdemeanor charges to enroll in this program. You must also have little or no criminal history.  The program is designed to help first time offenders avoid criminal prosecution and keep those offenders from returning to the judicial system in the future. PTI programs are a great way to reduce the cost and the amount of resources needed to prosecute minor crimes.  You could be eligible for a PTI if you are arrested for minor charges such as:

• Shoplifting
• Theft
• Forgery
• assault
• Embezzlement
• Burglary
• Trespassing
• Marijuana possession

Acceptance Into Pretrial Intervention

After being arrested and charged for a crime like DWI, you will be offered to participate in the PTI program. You can also ask to participate because participation in the program is voluntary.  You will then begin the program but the DWI charge will remain until you complete the requirements of the PTI program. People accepted into the program are assigned a Pre-Trial Officer who acts as a point of contact and provides the participant with program requirements.  The officer will give you all the information you need about the criteria for completion of the program.

Completing the Pretrial Diversion Program

The charges will be dismissed and the conviction will not appear on your record if you satisfy all the requirements of the program and finish the probation period.  But you must finish the probation period without committing any crimes. These programs have strict requirements but the benefits outweigh the costs of going to trial. However, once you complete the program, you will automatically have the right to expunge the arrest from your record. The length of the program varies depending on the charges you are facing.

Not Fulfilling All Requirements

The prosecutor may revoke your participation in the program if you commit another offense during the probation period or if you fail to meet the programs requirements.  Your arrest will also remain in your record. But you may still have your attorney file a motion of expungement to remove the arrest from your record.

Your attorney will help you decide whether to join the program or not by providing all the information you need about it.  All you need to ask yourself is whether the benefits outweigh the costs.

Every state in the country has its own DUI laws. Louisiana DUI laws are actually mild compared to DUI laws in states like Alaska. But that does not mean that crimes involving a DUI are not considered serious or are not punished harshly in Louisiana.

Many DWI/DUI offenders face a jail sentence if convicted in the state. This is why people that are visiting Louisiana and those that live in the state should research its DUI laws to avoid getting into trouble with law enforcement.

BAC Level in Louisiana

The blood alcohol concentration (BAC) requirements differ for people who are 21 years old and above and for people less than 21 years of age.  For drivers who are 21 years and above, a BAC of .08% and above is enough to be charged with DWI/DUI. Drivers under the age of 21 can be charged with the same if their BAC is .02% and over.

To measure your BAC level a law enforcement officer may ask you to breathe into a breathalyzer or have your blood or urine tested.  You may face a 365 day license suspension for refusing the test for the first offense, or a 730 days suspension if your refuse the test for second and subsequent offenses.

First Louisiana DWI Punishment

Depending on the situation you may face two days to six months in jail and also fines of up to $1,000 for a first offense.  Your license may also be suspended for three months and you may be required to install an ignition interlock device in your vehicle. You have to breathe into this device before you start your vehicle.  The device is meant to prevent you from driving under the influence of alcohol but it is very expensive.

Second DWI Offense Penalties

The penalties for a second offense are similar to those of a first offense. Your license will be suspended for two years and you will have to pay $200 as a license reinstatement fee.  You will also have to spend 48 hours or up to 6 months in jail. The fine for a second offense is $1,000 with additional court costs. The penalties are similar to those of a first offense but with longer license suspension and a possible longer prison sentence.

3rd DWI Is A Felony

The first and second offenses are considered misdemeanors but a third and subsequent offenses are felonies.  For this reason, a third DUI comes with very harsh penalties. Your license will be suspended for up to 3 years and you will pay a $300 license reinstatement fee.   In certain situations the offender’s vehicle may be confiscated. You will also have to serve a year in prison but may end up staying in jail for 5 years depending on the nature of your case.

There is also the possibility that you may be sentenced to home confinement.  The fee for a third offense is $2,000 and the offender has to complete a court approved program.

For a fourth and subsequent offense, the accused driver will face even harsher punishment that includes paying fines of up to $5,000.  Any conviction whether it is a first or fourth offense, leaves a mark in your record that could negatively affect your future employment opportunities and more.

It is a guarantee that your license will be suspended in Louisiana following a DUI whether or not you submit to a blood alcohol test or not. The Department of Public Safety and Corrections (DPS) Office of Motor Vehicle (OMV) will only reinstate your license, after you pay $50 to $3000 and obtain an SR-22 license.  Your insurance rates will definitely go up significantly after that.

Louisiana Suspended Drivers License

You can refuse to take a test and as a result avoid a harsh conviction for a first offense but your license will still be suspended. Every driver is subject to the state’s implied consent law that allows for penalties for failure to submit to a BAC test.  It is up to the law enforcement officer that pulls you over to decide whether you get to breathe into a breathalyzer or give a blood or urine sample. In some counties, an officer can obtain a warrant to force you to submit to a blood or urine test.

Length of License Suspensions

The DMV clearly outlines the duration for license suspensions for DUI arrest. They include:

• For a person that refuses a blood an alcohol analysis test:
  • • • For a first offense -180 days
      • Subsequent offense -545 day
• For person who is 21 years old or younger with a BAC content that is .08% or higher:

• • • • For a first offense- 90 days
      • Subsequent offense-365 days

• If the 21 year old or younger has a BAC level of .02% or higher:

• • • • For a first offense-180 days
      • For subsequent offense (3rd,4th, subsequent offense) -365 days

You may receive an additional suspension of 2 years for a second conviction, or 4 years for a second conviction with a BAC level of 0.2% or higher, or 3 years for a third DUI/DWI conviction. You may also have to pay fines and may face jail time.

Implied Consent Violations

An officer needs to give an “Implied Consent Warning” to a driver the officer pulls over for a reasonable suspicion that the driver is drunk. It is simply a warning that if the driver refuses to submit to tests, the driver’s driving license will be suspended.  A judge may be persuaded by your attorney not to punish you for refusing to submit to the test if the police officer did not present the implied consent warning.

Your attorney may also combat the states charges against you by proving that there was no probable cause to pull you over for drunk driving in the first place. The court requires the officer to show that there was enough evidence to require a chemical BAC test as described in Louisiana’s Implied Consent law.  For example, drunk driving charges against you can be dropped if it turns out that you were not driving in a dangerous or questionable manner and you were not at a DUI checkpoint. Remember that there is no punishment for refusing to participate in a field sobriety test unlike for BAC tests. An experienced DWI attorney can guide you through this complex process.

Law enforcement set up  sobriety checkpoints on Louisiana roadways mostly during particular holidays such as Labor Day, Thanksgiving, Christmas, New Year’s Day and others. The reason for this is that DWI accidents spike during these holidays. But generally temporary stop of vehicles constitutes a Fourth Amendment seizure under both U.S. and Louisiana Law.

There must be a justified reason for an officer to be able to infringe upon the rights of citizens.  There are times where individual rights can be overridden such as where drunk drivers are involved.  Drunk drivers are a threat to public safety according to the law.

Requirements for Checkpoints

There are specific requirements that police checkpoints must abide by to pass  Louisiana constitutional muster and not infringe on the liberty rights of each driver. They include:

• The checkpoints should be publicly announced ahead of time in your local newspaper or town website
• Police should only stop motorists on a neutral impartial basis
• The location of the checkpoint must be reasonable
• Drivers should only be detained for a short time to lessen the intrusive nature of the checkpoint
• There should be signage alerting motorists to the presence of a checkpoint

Only the supervisory or other administrative personnel can  establish in written form, the location, time, and duration of the checkpoint and other regulations for operation of the checkpoint.  Officers manning or implementing the checkpoint are not allowed to do this.

What to do at a Sobriety Checkpoint

Some people panic at sobriety checkpoints because they do not know what exactly the police officers are looking for. Below are rules you should follow at a sobriety checkpoint:

• Do not argue with the police officers and be respectful
• Make sure your documentation including your license, registration, and proof of insurance and others  is readily available
• You can say no to a field sobriety test because this refusal does not violate the state’s Implied consent law
• Submit to a breathalyzer test if you are arrested to avoid getting your license suspended
• Try not to say anything that can be used against you in a court

Law Enforcement Officers Make Mistakes

In numerous cases, law enforcement  officers do not comply with checkpoint requirements especially in parishes such as Orleans, Tangipahoa, and Baton Rouge.  This has lead to many DUI charges being dismissed or reduced when challenged in court. So get an experienced lawyer to review your case to see whether everything was done according to the law.

Traffic Stops vs. DUI Checkpoints

A police officer cannot conduct a traffic stop without “reasonable suspicion” that the driver has committed a crime.  For a DUI arrest, the officer must have witnessed evidence of reckless driving, driving extremely slow, speeding or other abnormal driving behavior for the traffic stop to be lawful.

Law enforcement officers do not need “reasonable suspicion” to stop motorists at a DUI checkpoint.  Every motorist that passes the sobriety checkpoint has to be stopped to prevent discrimination and violation of the Fourth Amendment rights.

Do not assume that just because you were arrested for a DUI that there will be a conviction. All the elements of the crime have to be proven beyond any reasonable doubt in court. Only under those circumstances can the arrest result in conviction. For example, they have to prove that you were actually intoxicated or under the influence of drugs and that you were driving the vehicle. A resourceful lawyer can help provide a strong defense to help prevent a DWI conviction.

Your lawyer will work to get a not guilty charge or work to ensure you avoid a jail sentence which is not suspended. A skilled attorney may also help you avoid a felony conviction or discharge your DWI record.

You can beat a DUI in the following situations:

When you were not the driver and there was no probable cause

You cannot be convicted for a DUI if you were not driving the vehicle when the police officer approached you. For example, you may have been intoxicated and simply resting with the key in the ignition waiting for your ride. Another key defense is the probable cause. Your constitutional rights may have been violated if the officer stopped you because of a hunch. They must prove that they actually witnessed intoxication, or that you broke a certain law that justified them stopping you.

When Breathalyzer machine malfunctions and errors in results

The breathalyzer test results can be used as evidence against you but it could also be way to beat a DUI. A breathalyzer may show inaccurate results because of a medication you take or it could be malfunctioning. This makes those test results inadmissible in court. Instances where the breathalyzer machines are not calibrated properly also means the results are inaccurate.

When test results are improper

Field sobriety tests that are not done correctly can lead to your DUI charges getting reduced or even dismissed. A police officer must have strong evidence of intoxication before the officer can request the test. Instances where a police officer forces you to perform a sobriety test can also lead to your DUI charges getting reduced or dismissed.

When the police officer made a mistake

Some mistakes police officers make is pulling over suspects for a possible DUI using anonymous tips. This is not allowed in Louisiana. Another thing not allowed is detaining DUI suspects for too long. Your lawyer can point out these mistakes in court to help you get your DWI charges reduced or dismissed.

For a first offense, the possible penalties include up to six months in jail, a fine of $300 to $1000 and your driver’s license can be suspended for one year. The penalties are harsher for people who re-offend. Get the services of an experienced lawyer as early as possible in the legal process. Your lawyer will review your arrest for defense tips that may help increase the chances of your DWI charges getting dropped and prevent a license suspension.