Got a DWI? Everything you need to know about getting a DWI in Louisiana

It is the holiday season and the parties are upon us. Remember that you should always drink responsibly but sometimes we make poor choices. One of those choices is to get behind the wheel. If you find yourself too drunk to drive, you should call an Uber or Lyft but if you made the decision to drive and get pulled over, there are certain things you should know.

First, you can refuse to take the test but if you do, you are looking at a minimum one-year suspension of your driving privileges. Also, you cannot refuse to take the test if you have been in an accident or if you have hurt someone. If you do refuse, the police can call in to get a warrant to draw your blood. Some agencies have pre-drafted warrants on scene to immediately call in and get signed while others will need to find a judge to sign the warrant.

If you take the test and fail, you are only looking at a six-month suspension of your driving privileges. However, the State now has a test result that shows whether you are above the legal limit or not. Luckily, there are some technical aspects of the test which do provide attorneys some leeway to make sure that the test was conducted properly. If these procedures were not followed, then you may have an argument against the State being able to use your test results.

Depending on what level your results show, there are certain mandatory punishments that come into play. The nuances are detailed and would take some time to explain but the easy way to look at it is the higher your blow, the more trouble you are in. 

Many jurisdictions offer diversion programs or pre-trial programs that can result in your DWI being reduced to something other than a DWI or being dismissed outright. These programs are pricey and can be both difficult to complete and time consuming but the obvious benefit is that your DWI is reduced or dismissed. Not all people are eligible. It will depend on the level of intoxication and your background. 

I highly recommend that you do not drink and drive. If you do and are pulled over, you should consider this: how much have you had to drink? The higher that you blow the more difficult it will be to reduce your DWI or get you into a pre-trial program. It is more likely than not if you have been drinking and been pulled over you, will be arrested. There is a saying in the legal community that you may beat the wrap but you will never beat the ride. This means that if you are suspected of drinking and driving, the police officer will likely arrest you. Therefore, in considering whether you should submit to the breathalyzer, you should consider how much you have had to drink and the fact that you will be providing the State with evidence of your intoxication. 

Remember, do not drink and drive. Use a designated driver, call a taxi, get a Lyft. Be safe this holiday season. If you do get arrested for a DWI call me immediately. 504-300-8338. Remember … When No One’s Carin’ Call McLaren!