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Danny Russell named TOP 3 BEST DWI LAWYERS in Baton Rouge

Danny Russell & Russell Law Firm are proud to share that Russell Law Firm has been selected as one of the Top 3 “Best DWI Lawyers in Baton Rouge,” Louisiana, by Three Best Rated®, an independent, third-party business review site. ThreeBestRated.com reviews local businesses across the United States, and picks three businesses they deem the best in a specific business category.  Russell Law Firm was named a top 3 local business in Baton Rouge, Louisiana, in the specific category of “DWI Lawyers.” Three Best Rated® chose its top 3 after inspecting 50 different areas, which included everything from reviews, ratings, reputation, history, complaints, satisfaction, trust, cost to the general excellence, and beyond.

“Our primary focus at the Russell Law Firm has always been to protect our clients’ legal interests by providing fierce but personal legal representation, tailored to the individual needs and circumstances of each client,” says Russell Law Firm owner, Danny Russell.

Russell Law Firm offers a variety of legal services for individuals throughout the State of Louisiana, in the areas of:

  1. DWI/DUI Defense;
  2. Personal Injury Litigation;
  3. Car Accidents;
  4. 18-Wheeler and Big Trucking Accidents;
  5. Wrongful Death & Survival Actions;
  6. Wills/Testament Drafting & Execution;
  7. Expungments;
  8. Family Law (divorce, child/spousal support, child custody, etc.);
  9. Business Formation; and
  10. Oil & Gas Law.

Danny Russell, admitted to practice in:

  • All Louisiana District Courts
  • All Louisiana Appellate Courts
  • Louisiana Supreme Court
  • U.S. Middle District Court of Louisiana
  • U.S. Western District Court of Louisiana
  • U.S. Eastern District Court of Louisiana
  • U.S. Court of Appeals for the Fifth Circuit
By producing, making, publishing, and disseminating this post, neither Danny Russell, Russell Law Firm, nor any of its lawyers or staff are representing or implying in any manner whatsoever, that Russell Law Firm promises or can obtain any type of results for anyone; or that Russell Law Firm, Danny Russell, or any of its lawyer’s services are being compared with the legal services of other lawyers. This post is only meant to share what Three Best Rated® , an independent, third-party business review site, has published on its website, as Russell Law Firm is honored to acknowledged for its trustworthiness and client satisfaction, found by Three Best Rated.® 

Common Louisiana DUI Field Sobriety Test – Walk &Turn Test

The walk-and-turn (“W&T”) test is commonly used by law enforcement, after someone suspected of violating the Louisiana DUI statute or “driving while under the influence of alcohol or drugs,” is pulled over. While undergoing the W&T test, the suspect is directed to take nine heel-to-toe steps in a straight line, turn on one foot, and return by taking another nine heel-to-toe steps in the opposite direction. A standard W&T test is administered:

  1. On a designated straight line;
  2. On a dry, hard, level, and non-slippery surface, with sufficient length for completing 9 steps;
  3. By an “initial” stage where the officer gives the suspect verbal instructions to: (1) place his left foot on a line; (2) then place his right foot on the line in front of his left foot; (3) place his arms at his sides; (4) maintain that position until instructions are complete; and (5) confirm whether he/she understands the instructions.
  4. Ending with a “walking” stage, where the officer gives the suspect verbal instructions to: (1) take nine heel-to-toe steps, turn, and take nine heel-to-toe steps back; (2) keep his front foot on the line, and turn by taking small steps; (3) keep his arms to the side; (4) count the steps out loud; and (5) walk until competition of the test.

W&T tests usually offer experienced Louisiana DUI defense lawyers an opportunity to challenge the results of the tests, due to:

  • Procedural errors committed by the police officer while administering the test;
  • Age, weight, and/or physical ailments creating difficulty performing the W&T test;
  • Weather; and
  • Footwear of the suspect affecting his/her ability to walk straight or maintain balance.

A Louisiana DUI can have other serious consequences, so if you’ve been arrested for operating a vehicle while intoxicated, contact a skilled Baton Rouge DWI/DUI lawyer at the Russell Law Firm. The Russell Law Firm represents clients in DWI cases throughout the State of Louisiana, including the parishes of East Baton Rouge Parish, West Baton Rouge Parish, Plaquemines Parish, Livingston Parish, Ascension Parish, Jefferson Parish, Orleans Parish, St. Charles Parish, Terrebonne Parish, Assumption Parish, Lafayette Parish, Lafourche Parish, Lafayette Parish, St. Landry Parish, Evangeline Parish; and the cities of Baton Rouge, Livingston, Denham Springs, Walker, Gonzales, Donaldsonville, Port Allen, Brusly, Addis, Lafayette, Napoleonville, Kenner, Harvey, Marrero, Estelle, Gretna, Metairie, New Orleans, Terrytown, Westwego, Ville Platte, Eunice, Opelousas, Thibodaux, Houma, Belle Chasse, and Hahnville.

DWI Lawyers at the Russell Law Firm, LLC are skilled, experienced, and knowledgeable about the Louisiana DWI laws, related non-DWI statutes, and how to evaluate evidence that law enforcement and prosecutors might try to use against you. If you or someone you know is facing a potential DWI conviction, contact a DWI attorney at the Russell Law Firm at 225-307-0088. We offer free, no obligation initial consultations.

Information furnished herein is only general and not a substitute for personalized legal advice.

****The photograph above is not a depiction of any actual event or scene, but merely a dramatization.

By: Danny D. Russell, Esq.

 

Louisiana DWI Conviction: What Prosecutors Must Prove

Under the Louisiana DWI statute, to obtain a DWI conviction against you, the prosecutor must prove both:

  1. Operation – You were exercising influence, control, or manipulation on a motor vehicle, aircraft, watercraft, vessel, or other means of conveyance.
  2. Intoxication – You were under the influence of alcoholic beverages and/or other drugs; or your blood alcohol concentration was 0.08 percent or more.

I.) Operation

“Operating” under the DWI statute refers to exercising some “influence, control, or manipulation” over the motor vehicle, which includes: driving, steering, backing, or any physical handling of the controls to put the vehicle in motion. That doesn’t mean the vehicle’s engine had to be running or that the vehicle had to be moving. As long as it is proven that you had any “influence or control” over the vehicle (e.g. keys in the ignition), you were “operating” the vehicle for purposes of a DWI conviction.

The following are common questions considered by courts when determining if the “operation” element is met:

  • Whether the keys were in the ignition?
  • Whether any part of the vehicle was turned on (g. engine, headlights, heater/air conditioner, etc.)?
  • Whether the vehicle was moving or parked?
  • Whether the defendant was trying to move the vehicle?
  • Whether the defendant was alert or awake (conscious)?

II.) Intoxication

Many people use “drunk driving” to refer to DWI. However, being “drunk” is not necessary to be considered “intoxicated” under the law. If your blood alcohol concentration (“BAC”) level is 0.08% or more, you are presumed intoxicated under the DWI statute. For some people, .08% BAC means only 3 beers, which might not equate to a person being “drunk,” but it does equate to being “intoxicated” for DWI conviction purposes.

Furthermore, intoxication is not limited to being under the influence of alcoholic beverages. It also includes drugs, such as illegal controlled substances (e.g. marijuana) and certain legally prescribed drugs and over-the-counter medications.

When it comes to proving intoxication for a DWI conviction, prosecutors usually present the following evidence:

  • Police officer statements.
  • Defendant statements and/or admissions of guilt.
  • Results from field sobriety tests, chemical breath test, blood test, and/or urine test.
  • Evidence seized from the defendant’s vehicle or person, such as drugs or alcohol.
  • Video footage depicting the defendant’s poor driving, slurred speech, bloodshot eyes, confusion, imbalance, etc.

For information related to penalties associated with a DWI conviction, read our previous article, “Louisiana DUI Laws and Penalties.” DWIs can have other serious consequences, so if you’ve been arrested for operating a vehicle while intoxicated, contact a skilled DWI/DUI defense attorney at the Russell Law Firm.

The DWI lawyers at the Russell Law Firm represents clients in DWI cases throughout the State of Louisiana, including the parishes of East Baton Rouge Parish, West Baton Rouge Parish, Plaquemines Parish, Livingston Parish, Ascension Parish, Jefferson Parish, Orleans Parish, St. Charles Parish, Terrebonne Parish, Assumption Parish, Lafayette Parish, Lafourche Parish, Lafayette Parish, St. Landry Parish, Evangeline Parish; and the cities of Baton Rouge, Livingston, Denham Springs, Walker, Gonzales, Donaldsonville, Port Allen, Brusly, Addis, Lafayette, Napoleonville, Kenner, Harvey, Marrero, Estelle, Gretna, Metairie, New Orleans, Terrytown, Westwego, Ville Platte, Eunice, Opelousas, Thibodaux, Houma, Belle Chasse, and Hahnville.

Baton Rouge DWI lawyers at the Russell Law Firm, LLC are skilled, experienced, and knowledgeable about the Louisiana DWI laws, related non-DWI statutes, and how to evaluate evidence that law enforcement and prosecutors might try to use against you. If you or someone you know is facing a potential DWI conviction, contact a DWI lawyer at the Russell Law Firm at 225-307-0088. We offer free, no obligation initial consultations.

Information furnished herein is only general and not a substitute for personalized legal advice.

****The photograph above is not a depiction of any actual event or scene, but merely a dramatization.

By: Danny D. Russell, Esq.

Breathalyzer Refusals – Potential License Suspensions

The State of Louisiana has strict DWI laws. By merely driving on a Louisiana highway, you consent to Louisiana laws for testing blood-alcohol content (“BAC”). Under Louisiana’s Implied Consent law, if you are lawfully arrested by an officer who has probable cause to believe that you have been driving or boating while intoxicated, and you refuse to comply with his or her request to use a breathalyzer test, then you can face an automatic license suspension imposed by the Department of Motor Vehicles. Potential suspensions for refusal are as follows:

  1. First Refusal – 1 year from the date of suspension.
  2. Second & Subsequent Refusal2 years from the date of suspension.

DWIs can have other serious consequences, so if you’ve been arrested for driving under the influence, contact a skilled DWI defense attorney at the Russell Law Firm.

The Russell Law Firm represents clients in DWI/DUI cases throughout the State of Louisiana, including the parishes of East Baton Rouge Parish, West Baton Rouge Parish, Plaquemines Parish, Livingston Parish, Ascension Parish, Jefferson Parish, Orleans Parish, St. Charles Parish, Terrebonne Parish, Assumption Parish, Lafayette Parish, Lafourche Parish, Lafayette Parish, St. Landry Parish, Evangeline Parish; and the cities of Baton Rouge, Livingston, Denham Springs, Walker, Gonzales, Donaldsonville, Port Allen, Brusly, Addis, Lafayette, Napoleonville, Kenner, Harvey, Marrero, Estelle, Gretna, Metairie, New Orleans, Terrytown, Westwego, Ville Platte, Eunice, Opelousas, Thibodaux, Houma, Belle Chasse, and Hahnville.

Baton Rouge DWI lawyer Danny Russell is skilled, experienced, and knowledgeable about the Louisiana DWI/DUI statutes, related non-DWI statutes, and how to evaluate evidence that law enforcement and prosecutors might try to use against you. If you or someone you know has been arrested for a DWI, call the Russell Law Firm at 225-307-0088. We offer free, no obligation initial consultations.

Our DWI lawyers will handle all matters pertaining to your charge in an effective, efficient manner. We take care of paperwork and manage deadlines so that you never have to worry about the status of your case.

Information furnished herein is only general and not a substitute for personalized legal advice.
****The photograph above is not a depiction of any actual event or scene, but merely a dramatization.
By: Danny D. Russell, Esq.