New Orleans DWI Lawyer
Experienced DUI Lawyers Serving New Orleans, Louisiana
Getting arrested for drunk driving can make you feel like there’s no hope, but I’m here to tell you that we can work together to achieve the best possible outcome. Don’t lose hope or assume there’s nothing that can be done. A DWI conviction can have serious consequences, including fines, possible jail time, higher car insurance rates, suspension of your driver’s license, and even job loss if you hold a professional license or work in certain industries. However, if we fight, we can potentially reduce those impacts significantly.
With over 30 years of experience as a criminal trial lawyer, I’ve spent my career defending people in the New Orleans metro area who are facing the serious consequences of a DWI arrest. Whether you’re a college student, a public official, a tourist, or a Louisiana resident, no one should have their life dramatically altered by one mistake. I understand that, and I’m committed to protecting your rights and securing the best possible results for you.
Contact our New Orleans DWI lawyer or fill out our consultation form and tell us about your Louisiana DWI/DUI case.
“I believe that your case is different and you deserve my special attention.” – Attorney Robert S. Toale
Avoid a DWI Driver’s License Suspension in Louisiana
If you’re arrested for a DWI in Louisiana, you only have 30 days to act before your driver’s license is automatically suspended. La. R.S. 32:667A(2). I’ll help you request an administrative hearing so you can keep your driving privileges while the criminal DWI case is ongoing.
If you don’t request a hearing, the length of your license suspension will depend on your blood alcohol content (BAC) at the time of your arrest. The higher your BAC, the longer your license could be suspended.
Louisiana DWI Laws: What’s Changing?
Louisiana’s DWI laws are constantly evolving, but I stay up-to-date with every change. As penalties continue to get tougher, it’s crucial to have an experienced New Orleans DWI lawyer who can either fight the charges or reduce the impact of a conviction.
Frequently Asked Questions About Louisiana DWI/DUI
Getting arrested or charged with a DWI can be overwhelming and frightening. You may be unsure about what will happen next, what penalties you could face, and what steps you should take. To help you navigate the process, we’ve put together answers to some of the most common questions we receive from clients about DWI in Louisiana. If you’ve been arrested or charged with DWI in New Orleans, Gretna, or Jefferson Parish, or if you have any other questions, don’t hesitate to reach out to experienced New Orleans criminal defense lawyer Robert S. Toale.
DWI vs. DUI: What’s the Difference?
In many states, DWI (driving while intoxicated) typically refers to driving under the influence of alcohol, while DUI (driving under the influence) is used for cases involving other drugs, such as marijuana, or a combination of alcohol and drugs. However, in Louisiana, there’s just one charge, often called DWI or OWI (operating while intoxicated), which covers driving under the influence of any mind-altering substance.
What’s the Legal Blood Alcohol Concentration (BAC) Limit in Louisiana?
In Louisiana, you can be charged with DWI if your BAC is 0.08 or higher. However, this isn’t the only factor; you can still be arrested and convicted of DWI with a BAC below 0.08 if it’s shown that you were impaired while driving. For drivers under 21, the limit is 0.02, and for commercial drivers, it’s 0.04.
Should I Take Field Sobriety Tests?
In Louisiana, after pulling you over, a police officer may ask you to perform a few standard field sobriety tests (FSTs), such as walking heel-to-toe, standing on one leg, or following a light with your eyes. You are not required to take these tests, and there are reasons to consider refusing them. By the time an officer asks you to do an FST, they have usually decided to arrest you. These tests often serve as additional evidence against you and are quite subjective. In many cases, it might be better to decline them.
You can choose to refuse a breath test, which might be a good option for similar reasons, but keep in mind that doing so will lead to a 6-month suspension of your license. The police are required to let you know about the consequences of refusing a breath test when they ask you to take one.
What Are the Consequences of a DWI Conviction?
For a first-time DWI conviction, you could face fines up to $1,000, up to six months in jail, and a driver’s license suspension for up to a year. The penalties become much harsher with subsequent offenses. For a fourth offense, you might face up to 30 years in prison and fines of up to $5,000. Additional factors like a very high BAC, having children in the car, or causing an accident or injury can lead to even more severe penalties.
Can a DWI Conviction Land Me in Jail?
Yes, you can go to jail for a DWI, even if it’s your first offense. However, with the assistance of an experienced New Orleans DWI lawyer, it’s unlikely you’ll face significant jail time for a first offense.
Will I Lose My Driver’s License if Arrested for a DWI?
In Louisiana, if you’re arrested for a DWI, your license will be automatically suspended, but you’ll get a 30-day temporary permit. During those 30 days, you can request an administrative hearing to challenge the suspension. If you don’t contest it or if you lose the hearing, your license will be suspended. For a first-time offense with a BAC under 0.08, the suspension will be 90 days. If your BAC is higher, if you refuse a BAC test, or if you have previous convictions, the suspension could be longer.
Will a DWI Conviction Leave Me with a Criminal Record?
DWIs are considered criminal offenses, so an arrest and conviction will show up on your criminal record and background checks. However, there are diversion or first-time offender programs that might keep a first-time conviction off your record. Your criminal defense attorney can help you understand these options and guide you through the best course of action.
What Happens if I’m Arrested for Drunk Driving in Louisiana but Live Out of State?
Your license suspension and any criminal convictions will affect you in your home state as well. If you don’t show up for your court date in New Orleans, a judge might issue a bench warrant for your arrest, which could lead to extra trouble. New Orleans DWI lawyer Robert S. Toale is experienced with cases involving out-of-state clients and will work to minimize the number of times you need to appear in Louisiana court while striving for the best possible outcome for you.
Do I Need a Lawyer for My DWI Case?
You have rights protected by Louisiana law, federal law, and both state and federal constitutions. A skilled criminal defense attorney can help you safeguard these rights, ensuring you don’t forfeit or waive any of them, and protecting you from any potential abuse or undue harassment by the police. Your attorney will review and evaluate the evidence against you, crafting the strongest defense possible to either reduce the charges or penalties or even have the charges dropped altogether. Having the right attorney on your side can make the difference between facing months in jail or walking away with minimal consequences.
Contact A New Orleans DUI Lawyer For Drunk Driving Defense
With decades of experience in DWI/DUI defense, I’m here to build the strong case you need. Give us a call or reach out online to schedule your initial consultation with our New Orleans DWI lawyer.