Gretna DWI Lawyer
In Louisiana, there are many acronyms regarding the crime of driving while impaired. Still, regardless of whether the crime is referred to as a DUI, DWI, OWI, or OUI, the offense is still outlined in the same legal statute. The DWI laws in Gretna, and throughout the Pelican State, are very clear and law enforcement is quite strict about enforcing them.
Even if you are charged with a first offense, you may be sentenced to jail time. Your driver’s license may also be suspended, even if you are not convicted of the crime. It is imperative that you work with a Gretna DWI lawyer who can help you avoid these consequences and beat the charges.
What is a DWI in Gretna?
As in most states, a DWI in Gretna is defined as operating a motor vehicle with a blood alcohol content (BAC) of 0.08 percent or higher. Drivers under the age of 21 can face DWI charges if their BAC is 0.02 percent or higher. DWIs in Gretna also refer to more than just being impaired by alcohol. If a motorist is under the influence of drugs, even when they have a valid prescription for medication, they can still face DWI charges.
Contrary to what many people believe, you cannot be charged with a DWI while you are on a bicycle. The statute clearly states that in order for DWI charges to apply, one must be operating a motor vehicle. Still, riding a bike while under the influence of alcohol or drugs can result in other criminal charges, such as a violation of traffic law or public drunkenness.
Two Important Hearings in DWI Cases in Gretna
If you have been charged with a DWI in Gretna, you will have to address two different cases. The first is the Administrative Hearing, which you must request within 30 days of your arrest. If you do not request this hearing within that time, you lose your right to the hearing. Attending an Administrative Hearing gives you the opportunity to request to reinstate your driver’s license. The DMV will decide whether to reinstate your driver’s license based on your refusal to submit to chemical tests, or a failure to pass a test.
The second part of your case is the criminal case. During this proceeding, the prosecutor will present their evidence to the court and try to secure a conviction against you. You also have the right to prepare a defense and argue it to the court, while presenting your own evidence. If you have not contacted a Gretna DWI lawyer before these proceedings begin, it is critical that you speak to one prior to your first court hearing.
Our DWI Lawyer in Gretna Can Help with Your Case
DWI charges are common in Gretna, and they are also very serious. At the Law Office of Robert S. Toale, our Gretna DWI lawyer can prepare a strategy to move forward with your case that will give you the best chance of beating your charges. Call or text us now at 504-370-9233 or chat with us online to schedule a free consultation so we can get started on your case.