Charged with driving under the influence of drugs or alcohol?
The Russell Law Firm in Baton Rouge is on your side. We provide aggressive defense and knowledgeable representation so you never have to face your criminal matter alone.
“How much will a DWI cost me?”
Attorney Danny Russell answers:
A Proactive Approach to DWI Defense
A DWI is a serious offense that can threaten your livelihood, reputation, and freedom. Obtaining experienced representation in a timely manner is critical to effectively fighting the charges against you. Danny Russell is a DWI lawyer who provides the comprehensive assistance you need to preserve your rights during both civil and criminal proceedings:
- Administrative hearing:
In the state of Louisiana you must request an administrative hearing from the DMV within 30 days of your arrest. Failure to do so can result in the suspension of your license.
- Criminal court:
If your blood alcohol content was .08 or higher, you are presumed to have been driving while intoxicated, and will be prosecuted accordingly. Depending upon the facts of your case, you could face up to 30 years in prison, if convicted.
Trust your case with an experienced DWI attorney
If you or someone you know has been arrested for DWI or DUI after being pulled over or at a DWI checkpoint, it is very important that you hire a lawyer quickly to ensure the best possible outcome. Certain deadlines cannot be extended, and negotiating the various punishments (fines, suspensions, jail time, classes, etc.) require skill and experience.
If you have prior DWI convictions, we will investigate these in an effort to mitigate the consequences associated with your current charge. If the evidence against you was based on a breath test, we will question whether it was properly administered or if the device was correctly calibrated.
Danny Russell has extensive experience defending clients in Baton Rouge and surrounding areas for DUI/DWI. If you have received a DWI or DUI charge, you need the best legal representation possible.
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Frequently Asked Questions for Our DWI / DUI Attorney in Baton Rouge, Louisiana
In Louisiana, a DWI conviction typically remains on your record permanently unless you are eligible for expungement. Expungement is a legal process that enables you to have your criminal record cleared or sealed from public view.
However, it’s important to note that not all DWI convictions are eligible for expungement in Louisiana. Additionally, there may be certain restrictions or limitations on expungement depending on the specific circumstances of the arrest and conviction. It’s best to consult with a qualified attorney or legal professional who can provide guidance on whether a DWI conviction is eligible for expungement under Louisiana law.
In Louisiana, the “cleansing period” for a DWI offense is ten years. This means that if more than ten years have passed since the commission of your prior DWI offense, a prior conviction for that DWI offense will not be factored into the charge or punishment you face for your most recent DWI arrest.
It’s crucial to be aware of the cleansing period for DWIs in Louisiana and take the necessary steps to avoid enhanced DWI conviction and penalties.
In Louisiana, after a DUI conviction, your driver’s license will be suspended for a period of time. The length of the suspension will depend on various factors such as your blood alcohol content (BAC) at the time of the offense and whether you have prior DUI convictions.
After the suspension period has ended, you may be eligible for a restricted driver’s license that allows you to drive to work, school, and other essential locations. However, you will likely need to install an ignition interlock device (IID) in your vehicle, which requires you to pass a breathalyzer test before you can start your car.
To get your driver’s license reinstated after a DUI conviction in Louisiana, you will need to complete several steps, which may include:
- Serve the required suspension period: Your driver’s license will be suspended for a certain period of time after your DUI conviction. You must serve the entire suspension period before you can apply for reinstatement.
- Complete an alcohol assessment: You will need to complete an alcohol and drug assessment from a state-approved provider to determine whether you have a substance abuse problem. If you are determined to have a problem, you may be required to complete a substance abuse treatment program.
- Obtain an SR-22 insurance certificate: You will need to obtain an SR-22 insurance certificate from an insurance company. This certificate verifies that you have the minimum liability insurance required by the state.
- Pay a reinstatement fee: You will need to pay a reinstatement fee to the Louisiana Office of Motor Vehicles (OMV) to have your license reinstated.
- Install an ignition interlock device (IID): Depending on the circumstances of your DUI conviction, you may be required to install an IID in your vehicle. This device requires you to pass a breathalyzer test before you can start your car.
Once you have completed these steps, you can apply to the Louisiana OMV for reinstatement of your driver’s license.
It’s important to contact a DWI attorney as soon as possible after being arrested for a DWI in order to protect your legal rights and ensure the best possible outcome for your case. Here are some situations when you should consider contacting a DWI attorney:
- First-time offense: Even if it’s your first DWI offense, it’s important to have legal representation to help you understand the charges and penalties you are facing and to develop a strong defense strategy.
- High BAC level: If your blood alcohol concentration (BAC) was significantly higher than the legal limit at the time of your arrest, you may face more severe penalties, and a DWI attorney can help you understand your options.
- Accident or injury involved: If you were involved in an accident or caused injury to someone else while driving under the influence, you may be facing more serious charges, and it’s essential to have legal representation.
- Prior convictions: If you have prior DWI convictions on your record, you may be facing enhanced penalties, and a DWI attorney can help you navigate the legal process.
- Denial of your rights: If your rights were violated during the arrest or investigation process, a DWI attorney can help you challenge the charges and protect your legal rights.
It’s always a good idea to consult with a DWI attorney as soon as possible after a DWI arrest to determine the best course of action for your case.
Having a Louisiana DWI record can have a negative impact on your employment prospects, especially if the job requires driving, working with machinery, or involves responsibilities related to safety or security.
Many employers conduct background checks on job applicants, and a DWI conviction may appear on your criminal record, making it more difficult to secure employment. Some employers may view a DWI conviction as a sign of poor judgment or irresponsible behavior, which may impact their decision to hire you.
However, not all employers will automatically disqualify you for a DWI conviction. Some employers may be willing to overlook a single DWI conviction if it was a long time ago and you have demonstrated responsible behavior since then.
It’s always a good idea to be honest about your DWI conviction during the job application process and explain the circumstances surrounding the offense. You may also consider seeking legal advice from an attorney on how to minimize the impact of your DWI conviction on your employment prospects.
Hiring a lawyer can potentially lessen the penalties for a DWI in Louisiana. A lawyer can work to build a strong defense strategy and negotiate with prosecutors to reduce the charges or penalties you face.
For example, a lawyer may be able to challenge the legality of the traffic stop or arrest, question the accuracy of the breathalyzer or blood test results, or argue that the police did not follow proper procedures during the investigation. If successful, these arguments could result in reduced charges or a dismissal of the case.
Additionally, a lawyer may be able to negotiate a plea bargain with prosecutors, which could result in reduced charges or penalties, such as a shorter jail sentence, a lower fine, or less severe probation terms.
However, it’s important to note that the outcome of a DWI case will ultimately depend on the specific circumstances of the offense and the strength of the evidence against you. While a lawyer can help to lessen the penalties you face, there is no guarantee of a specific outcome. It’s always a good idea to consult with an experienced DWI lawyer to understand your legal options and develop a strong defense strategy.
In Louisiana, the refusal law for DWIs is referred to as “implied consent.” This means that when you operate a motor vehicle on Louisiana roads, you are considered to have given your implied consent to a chemical test, such as a breathalyzer or blood test, to determine your blood alcohol concentration (BAC) if you are suspected of driving under the influence.
If you refuse to take a chemical test when requested by a law enforcement officer, your driver’s license will be immediately suspended for one year. If you have prior DWI or refusal convictions on your record, the suspension period may be longer.
It’s important to note that the implied consent law only applies to chemical tests requested by a law enforcement officer after a valid DWI arrest. You have the right to refuse field sobriety tests or other roadside tests, but refusing a chemical test after a valid DWI arrest can result in a license suspension.
If you refuse a chemical test and your license is suspended, you may have the opportunity to challenge the suspension through an administrative hearing. It’s important to consult with an experienced DWI attorney if you are facing a license suspension due to a refusal to take a chemical test.