Metairie DWI Attorney
Driving while intoxicated (DWI) or Driving under the influence (DUI) is a serious issue and can have major consequences for others on the roads and for the drivers themselves. Being arrested for either of these offenses, Driving while intoxicated (DWI) or Driving under the influence (DUI) can be a scary situation, and it can feel like conviction is certain. This is not the case. With the support of a Metairie DWI lawyer, like Troy G. Broussard, “The DWI Dr.”, you could avoid conviction or limit the severity of criminal penalties you face. The support of an innovative and skilled attorney is crucial to defending your rights and future.
Conviction for a DWI or DUI can have immediate and long-term consequences on your life. Whether you committed the crime or not, you deserve effective representation and a fair proceeding.
Understanding DWI Charges In Metairie: Legal Defenses That Work
If you have been charges with a DWI, as a DWI Defense lawyer, Troy G. Broussard, managing attorney of the DWI Defense Center, L.L.C. will provide you with an aggressive and innovative defense to protect your rights.
The consequences of a DWI conviction can be life-altering. Our DWI defense attorneys deal with all of the issues related to DWI charges, including Administrative Hearings and chemical testing. We handle all types of drunk-driving offenses including charges based on:
Blood-Alcohol Level
A common and well-known basis for DWI charges, if your blood-alcohol content is above the legal limint of .08, then you can be charged with DWI. If you blow a .08 or greater on a Breathalyzer or Intoxilyzer and are charged with DWI, it is up to your defense to show why you are not guilty. We know how to do just that.
Found to Be Under the Influence by Observation
An officer may determine that you are under the influence of an alcoholic beverage by observation and without a chemical test. If you refuse to submit to a Breathalyzer or Intoxilyzer test, you may also be subject to this charge.
Mixing Alcohol With Non-Scheduled Drugs
Under the right (or wrong!) conditions, a small amount of alcohol mixed with any kind of drug could impair your driving. The combination of alcohol with a non-scheduled or over-the-counter drug can cause you to drive erratically and be pulled over on suspicion of DWI.
Under the Influence of Controlled Dangerous Substance
Even if you haven’t been drinking, you can still be charged with driving under the influence of a controlled dangerous substance. Certain drugs listed in the schedules of the state drug statutes are forbidden to be in your system while driving.
Multiple DWI Offenses/Felony DWI
In Louisiana, a third DWI offense is considered a felony, and a conviction could mean large fines and up to five years in jail. For offenses beyond that, the penalty is up to 30 years. We will fight to keep you out of jail.
A Commercial/Occupational DWI
Clients who make their living by driving face loss of their licenses for blowing only .04 or for refusing to blow. We can contest the loss of your CDL and your livelihood. If necessary, we argue for economic hardship licenses.
Driving under the Influence of Alcohol
While Underage
A zero-tolerance policy exists in Louisiana for anyone under 21 caught drinking and driving. Blowing anything above a .02 blood-alcohol level could cause a license suspension for 180 days. Refusing to blow carries the same penalty. We can also contest this suspension.
Defending the Rights of Those Charged With a DWI/DUI
Finding a DWI/DUI attorney can be difficult in an already stressful time in your life. You need an attorney who is compassionate to your situation, legally experienced and has the resources needed to manage the case effectively.
At The DWI Defense Center of BROUSSARD LAW, our team has more than 30 years of experience in DWI and DUI cases. We focus on high quality legal support, and we care about the individuals we represent. Our team knows that you are going through a hard time, and want to provide you the effective and aggressive defense you need to mitigate the effects of a DWI charge. We give you a straightforward assessment of your situation, so that you know what you can anticipate going forward.
Troy G. Broussard, “The DWI Dr.”, focuses on DWI/DUI cases, and has for decades. He has a deep understanding of the consequences of a DWI/DUI conviction, how to investigate your arrest or accident, and the potential defenses that may work for you. With his knowledge and experience, Mr. Broussard can simplify the process and make it easy to understand and more conformable to deal with.
The Basics of a DWI/DUI Charge
A DWI/DUI is charged when you are operating a motor vehicle while under the influence of alcohol or drugs, whether prescribed or not, or with a blood alcohol content (BAC) over the legal limit. Certain drivers, such as commercially licensed drivers or underage drivers, have a lower BAC legal limit. You can still be charged with a DWI even with a BAC under the legal limit if you are determined to be under the influence of any drugs or alcohol.
After a DWI/DUI arrest, you face two procedures: an administrative hearing with the Department of Motor Vehicles (DMV) for your driver’s license and the criminal court proceeding. You can have an attorney present for both, and it is in your interests to secure legal representation quickly after being arrested. The earlier you have an attorney by your side, the sooner they can begin defending your rights and ensuring due process is respected.
If you do not request the DMV hearing in a certain period of time after an arrest, you face automatic suspension of your driver’s license. A DMV hearing brings administrative penalties if it is found that the police had reasonable grounds to believe that you were DWI/DUI, such as suspension of your driver’s license. The criminal court hearing will determine criminal penalties if you are convicted, including time in jail or prison and significant fines.
How a DWI Arrest Affects Your License Suspension
Once you are arrested on a DWI/DUI charge in Louisiana, you Driver’s Licese IS going to be suspended effective 30 days from your date of arrest. The length of time for this suspension depends on a number of factors, such as did you submit to the breath test or not, is it your first offense or more. Your suspension period could be at short as 90 days or as long as 2 years. This is all mandated by The Louisiana Department of Public Safety Office of Motor Vehicles.
We can stop this suspension from occuring if you hire us within 30 days of your arrest. Contact our ofiice for further information.
DWI/DUI Penalties
The penalties for a DWI/DUI conviction increase with subsequent offenses. If you are arrested for a second or third DWI/DUI, you are more likely to face increased penalties, even when there are no aggravating factors. Aggravating factors could include causing a crash and seriously injuring someone or having an exceptionally high BAC over the legal limit.
An attorney is necessary to help limit the consequences of repeat or aggravated DWI/DUI charges. Judges are less likely to be lenient with repeat offenders, and it takes skilled legal support to secure the ideal outcome in these cases.
FAQs:
Although it may have many names, including driving under the influence (DUI), driving while intoxicated (DWI), operating under the influence (OUI), operating a motor vehicle while intoxicated (OWI), and drunken driving, operating a car after consuming or while using alcohol or drugs is a serious matter. As the name varies, so do the laws in each state concerning DUI/DWI. However, there is one constant: it can cause serious injuries or death and it is against the law. The following provides answers to some common questions that arise in situations involving DUI/DWI.
How much a DWI Lawyer costs in Louisiana will differ and relies on many factors such as:
- Attorney’s experience level. An attorney with years of experience in DWI /DUI cases and a history of success is likely to have a higher rate.
- Attorney’s location. Attorneys located in a city are likely to have higher rates.
- The complexity of your case. If your case requires a lot of resources and is expected to go to trial, you can expect costs to be higher.
- Fee structure. DWI attorneys may charge a flat rate or an hourly fee.
At the DWI Defense Center, we charge a flat fee for services, so that you know how much the process will costs you up front and you can budget accordingly.
You need a lawyer for a DWI in Louisiana to secure the most beneficial outcome, although you are not required to have an attorney. Facing DWI/DUI charges without an attorney could result in being charged more severely, and your rights could be violated.
It is usually advisable not to accept diversion or PTI before speaking with a trained attorney. A skilled attorney, like Troy G. Broussard, “The DWI Dr.”, can properly evaluate your case and defenses, challenge improperly-obtained evidence, ensure due process is followed, and can mitigate or even eliminate the severity of a conviction. Even though successful completion of Diversion can eliminate the possibility of a conviction, the arrest will stay on your record and not be able to be erased for at least 5 years. This could adversely affect your insurance premiums for a number of years.
DWI/DUI can have severe effects on the rest of your life, and you should not take this lightly.
When you get your first DWI in Louisiana, you can face penalties such as:
- Time in jail, usually not more than six months
- Fines
- Probation and house arrest
- Driver’s license suspension
A first offense is typically a misdemeanor. Penalties increase if your first offense has aggravating factors like a higher blood alcohol concentration, the endangerment of a minor, or causing injury or death. Then, the charge may be a felony, with much more severe consequences.
How long a DWI stays on your record in Louisiana depends on the record type. A DWI conviction is permanent on your criminal record unless you get the crime expunged or erased off of your record. The collateral consequences of a DWI conviction could impact you for the rest of your life if you are not eligible for expungement.
An expungement is a legal process whereby you can get your arrest and conviction erased off of your public record. A conviction will always be available to a prosecutor to use if you get another DWI/DUI in the future to make the penalties harsher.
However, there is a limited period of time where a DWI/DUI conviction can be used against you as a prior DWI. After this period of time, the DWI/DUI conviction can no longer be considered a prior for any future charges.
DUI/DWI is a serious problem. Thousands of Americans are killed each year in DUI/DWI accidents. Although many of those accidents result in the death of the intoxicated party, a significant and unfortunate number involve the death of “innocent” parties who were in the wrong place at a time when someone chose to drive a car while impaired. DUI/DWI is dangerous both for those individuals who choose to operate a car under the influence and for those individuals who are on the road at the same time. In addition to the severe physical injuries that may result from a DUI/DWI accident, there are also serious emotional and mental scars that may never fully heal for either the offender or his or her victims.
Any type of alcohol is dangerous when consumed in excess. Different types of drinks contain different concentrations of alcohol or what may be called “proofs”. The proof rating is two time the alcohol concentration. Therefore, 200 proof liquor has a 100 percent alcohol concentration. Most hard liquors have a higher alcohol concentration than most wines and most wines have a higher alcohol concentration than most beer, meaning that it may take fewer drinks containing hard liquor or fewer glasses of wine than beer to become intoxicated. However, the alcohol concentration of a drink in not everything. You also have to consider the size of the drink that you are consuming. Therefore, a shot glass of hard liquor, which is usually only about 1-1/2 ounces of alcohol, may end up having the same effect as one five ounce glass of wine or one twelve ounce beer.
Drinking any alcoholic beverage to excess is never a good idea. You may seriously injure yourself or others if you decide to operate a car. However, even if you decide not to drive, you may also suffer other physical injuries. Excessive alcohol consumption over a long period of time can cause damage to kidneys, liver, heart or brain. Excessive use of alcohol within a short period of time can lead to death.
Blood-alcohol content (BAC) or blood-alcohol level (BAL) is a measure of how much ethanol is in your blood. Ethanol in your blood is a byproduct of the broken-down alcohol that you consumed. BAC and BAL are scientifically measured by calculating the ratio of ethanol to blood within your system. Therefore, if you have a BAC of .15, you have .15 grams of ethanol per 210 liters of breath, which equals .15 grams of ethanol per 100 milliliters of blood. If your BAC or BAL is above .08 and you are operating a car or other vehicle (including some machinery), you are probably breaking the law in all U.S. states
You may still be charged with DUI/DWI even if you BAC or BAL is under .08
A breath-analyzer test measures a person’s BAC or BAL. The amount of ethanol that is in your system is the same as the amount of ethanol that is “on” your breath when you exhale. As a result, police are able to test your BAC or BAL by having you breathe into a breath analyzer. Whether you are required to take the test depends on the law of the state you are in at the time you are pulled over. Under the law in some states, if you refuse to submit to a breath-analyzer test or other similar test for measuring your BAC or BAL, such as a blood test, your license will automatically be suspended. If you are later found not to have been intoxicated or impaired, your license may still be suspended in some states as a result of your failure to cooperate.
Yes, although the crime may have a different name. If you operate a car under the influence of drugs such as heroin, cocaine, marijuana or any other illegal substance, you can be charged with a crime. In addition, it is not only illegal drugs that can get you into trouble. Many prescription medications and some over the counter medications carry with them specific warnings that they may impair abilities and should not be used while operating any motor vehicles. Check the labels on all medications carefully. Do not get behind the wheel if you are taking any medications that are incompatible with safe driving.
The consequences of multiple DUI/DWI convictions depend upon the state in which you received the convictions. In most jurisdictions, there is a “step-up” method for handling multiple DUI/DWI convictions for the same person. In some states, a person will be required to pay a fine and perhaps serve a minimum term of imprisonment for a first conviction, in addition to having their license suspended. For a second offense, some states may increase the fines and imprisonment or term of suspension. Additional offenses may result in drivers’ license revocation, incarceration or the loss of driving privileges for life. Additionally, in some states, a judge may order that the offender participate in an alcohol or drug treatment and education program. Of course, if you seriously injure or kill another person while operating under the influence, you may face additional charges and civil lawsuits.
In many cases “alternative” penalties are allowed in DUI/DWI cases. A judge hearing your case may have discretion in deciding how you should be punished. In situations where you have seriously injured or killed another person, the judge may not have such discretion, but in first-time offenses or in less serious matters, a judge may be able to require you to perform community service, such as giving talks about the dangers of drunk driving. In other situations, a judge may require you to place a license plate on your vehicle or a mark on your drivers’ license that indicate that you have been convicted of DUI/DWI.
Aggressive and Comprehensive Legal Representation in Metairie
Troy G. Broussard, “The DWI Dr.”, works to negotiate your case with the prosecution to achieve a favorable outcome outside of court. If this isn’t possible, he is very willing to take the case to trial to defend your interests. He reviews your case to determine the right defense, and he fights for you. For additional questions or for experienced legal support for a DWI/DUI charge, contact Troy G. Broussard, “The DWI Dr.”, at The DWI Defense Cetner of BROUSSARD LAW, today.
