WARNING: A blood alcohol level above 0.2 will result in a 2-year MANDATORY suspension unless you act promptly and call a DWI lawyer in Baton Rouge.
Hire a DWI Lawyer in Baton Rouge to Avoid Charges and Penalties
Getting a DWI/DUI in Baton Rouge
It can happen to nearly anyone. It’s a Friday or Saturday night and you’ve had a few drinks, and then you see the flashing lights of the patrol car. This is often the first part of a very bad night that can include several hours or sometimes several days of jail time.
There are several things that happen before you are charged with a DWI, including a field test at the initial stop, the arrest, the breath or blood test, and the court proceedings. It’s important to know that if you’re up against a DWI charge, you should never handle it on your own. There are just too many variables along the way.
The Basics of a DWI Charge in Baton Rouge, Louisiana
Louisiana has a DWI cutoff of .08 grams of alcohol per blood or breath sample (BAC). This means that after typically three or more drinks (see chart) most people are above the driving limit. Following the initial stop, the police officer will generally ask that you submit to several physical tests and answer a series of questions including where you were coming from and how much you had to drink. Depending on the answers, he will likely take you to the police station and ask you to blow into a breathalyzer machine.
All DWIs may result in the loss of your driver’s license. A BAC above 0.15 now requires mandatory jail time - even on a first offense. It is more important than ever to have a qualified, expert DWI lawyer from Baton Rouge on your side.
1st Offense DWI
-
Community Service
(32 Hours) - Up to 6 Months Jail Time
- $350 - $750 Fine
- Up to 2 Year Probation
- Substance Abuse Evaluation
2nd Offense DWI
-
Community Service
(240 Hours) - Up to 6 Months Jail Time (Required)
- $750 - $1000 Fine
- Up to 2 Year Probation
- Substance Abuse Evaluation
- Driver Improvement Course
3rd Offense DWI
-
Community Service
(240 Hours) - 1 - 5 Years Jail Time (Minimum 1 Year)
- $3000 Fine
- Up to 5 Years Home Incarceration
- Mandatory Ignition Breathalyzer
- Substance Abuse Evaluation
- Driver Improvement Course
- Vehicle Can be Seized and Sold
4th Offense DWI
-
Community Service
(240 Hours) - 10 - 30 Years Jail Time (Minimum 10 Years)
- $5000 Fine
- Up to 30 Years Home Incarceration
- Loss of TWIC Card
- Mandatory Ignition Breathalyzer
- Substance Abuse Evaluation
- Vehicle Can be Seized and Sold
Getting Stopped for a DWI
The Initial Stop
Most DWIs begin when an officer stops you on a pretext or other minor violation in the hope that you have been drinking. This normally happens at night after 8:30 P.M. when the officer knows that a significant number of motorists have had drinks. Often, the cop will stake out a bar or other location where he knows people will have consumed alcoholic beverages.
The officer stops the vehicle and then begins to ask the driver questions designed to elicit a confession that you have been drinking and feel impaired. The cop will then attempt to get the driver to take what he will claim are “standard” field sobriety tests.
Field Tests
As a general rule, you should refuse the field tests. There is no established penalty for such a refusal, but the officer will probably take you to the station for a blood or breath test for alcohol. The main reason that you should refuse the field tests is that they are very subjective, meaning that the officer is the sole judge of whether you pass or fail. There will likely be no tape or other evidence showing how well or poor you performed the exams – only the word of the arresting officer.
BAC (Blood Alcohol Content)
Once at the station, you should refuse the breath or blood test unless you really believe that you will pass. Your license will be suspended for refusing but your license will also be suspended if you fail the breath test.
If you score significantly above the limit on the 1st or 2nd offense DWI, there is mandatory jail time.
After the Arrest
Hire a DWI Lawyer in Baton Rouge
Whether you call and hire an attorney from Gouner Law Firm or from another, do not attempt to handle the case on your own. The District Attorney (DA) prosecutes these cases daily and severely. You will hopefully only have one over your lifetime. Should you go against the DA on your own you will be mismatched. Both the cop and the prosecutor are experienced and familiar with the process: you are likely the only novice to the procedure.
A DWI lawyer in Baton Rouge can examine the basis for the stop and whether the police officer did his job right. Depending on the circumstances, it is not uncommon to have the entire charge dismissed or won in court. Even if you are convicted or have to plead guilty, an attorney may still be able to keep the charge off your record.
Sometimes hiring a lawyer can help you avoid the mandatory jail time or lessen the hours of community service.
It is especially necessary to hire a lawyer on higher grade DWIs to examine the previous convictions to see whether you should have been charged with a first offense instead of a second, third, or fourth level DWI. The examination of previous convictions can help lower the severity of your penalties.
Blood Alcohol Content
Blood Alcohol Content (BAC) as a function of Drinks
One drink is 1 ounce of 100 proof liquor, 12 ounces of beer, or 4 ounces of table wine. Fatigue, food intake, and other conditions may cause your blood alcohol level to be different.
| Drinks per 2 Hours | 100lbs | 120lbs | 140lbs | 160lbs | 180lbs | 200lbs |
|---|---|---|---|---|---|---|
 | .04 | .03 | .03 | .02 | .02 | .02 |
 | .08 | .06 | .05 | .05 | .04 | .04 |
 | .11 | .09 | .08 | .07 | .06 | .06 |
 | .15 | .12 | .11 | .09 | .08 | .08 |
 | .19 | .16 | .13 | .13 | .12 | .09 |
 | .23 | .19 | .16 | .15 | .14 | .11 |
 | .26 | .22 | .19 | .17 | .16 | .13 |
Call to schedule a personal meeting or set up a phone appointment with an experience DWI lawyer in Baton Rouge.
