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.
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 DWIDUI 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.
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:
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.
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.
The DWI Dr.
For more information or to schedule a free consultation with Mr. Broussard, please contact us 504 835-9491.