Louisiana DUI and DWI Legal Questions

Hi Susan, The short answer is maybe. It will be dependent upon what evidence the officer may have been able to collect to support a charge for an OWI.  Under Louisiana Revised Statute 14:98, an OWI is going to be anytime you are behind the wheel of a vehicle, keys in the ignition, and you have a blood alcohol content of 0.08 or above, under the influence of a controlled dangerous substance, a medication which has a warning to not operate large machinery, or any combination of the three. In order to establish you are guilty of an OWI, the prosecutor would have to establish three elements: 1) that there was probable cause for a stop by the officer. Generally, this will be any traffic violation such as speeding, failure to use your turn signal, running a stop sign, etc. An accident is considered immediate probable cause as the officer needs to determine if anyone is hurt. The probable cause element just allows the officer to come into contact with you; 2) that there is reasonable suspicion that you may be intoxicated. This usually is established by the impression of the officer at the time such as them detecting an odor of alcohol, slurred speech, swaying, or seeing an open container in the vehicle; and finally, 3) Proving Intoxication. This is where the officer asked whether or not you were drinking. An affirmative answer does not mean you were above the legal limit, but gives them more reason to continue the investigation. This is where they will ask you to do the standardized field sobriety test, which you do not have to submit to. They will also ask for you to provide a breath sample to determine your blood alcohol content. This is also voluntary and you may decline to provide one.  The DA's office will have to weigh whether or not they believe they have sufficient evidence to charge you for an OWI given the totality of what evidence the officer was able to collect during his interactions with you. If you submitted to any of the standardized field sobriety tests, provided a blood alcohol sample, or made an admission to drinking prior to driving, the DA could possibly charge you. Nonetheless, if you do get charged with an OWI and/or if you are in need of an attorney to represent you regarding the careless operation and leaving the scene of an accident charge, please feel free to contact my office today at 337-237-0492 for an appointment so that we can discuss your case. ... Read Answer

Long story short, you will need to go to the DMV and get what is called an SR-22 hardship license to allow you to drive while your license is suspended, which depending upon the circumstances of your OWI arrest and the charges will likely be one-year. More specifically, the Dept. of Public Safety and Corrections requires the OMV to suspend a driver’s license if the person is arrested for suspicion of operating a vehicle while intoxicated, when the person driving has a blood alcohol concentration of .08% or greater, or when the person refuses a chemical test upon arrest. This administrative hearing is a separate process from the criminal action for the OWI, proceeds independently, and the outcome of which has no consequence in the criminal prosecution.  What likely happened when you were arrested was the law enforcement officer seized your driver’s license and issued you a temporary paper license. This temporary license allows you the right to operate a motor vehicle for a period not to exceed 30 days from the date of arrest. The temporary should have also provided you with notice that you have 30 days from the date of arrest to make a written request to the DPSC for an administrative hearing. If that time passes and no request is made for the administrative law hearing, the license is suspended and the decision is pretty much final. On the other hand, if the administrative hearing is conducted and the suspension is upheld by the administrative law judge, the only other option to take is to petition the district court to appeal the decision. Both the administrative hearing and the appeal are extremely unlikely to allow you to keep your license as the only showing the state has to make to succeed is that there was probable cause to believe that you were operating a vehicle while intoxicated. Which is a very low bar. The length of the suspension of your license is dependent on a number of factors but typically is one year. All that said, this is not the end. You are still able to drive, but you will be required to go to the DMV and obtain what is called an SR-22 hardship license. This license will allow you to drive, but with restrictions on where you can go. Typically, you can go to work, school, church, the grocery store, but the main restriction is you will not be able to drive to a bar. With a hardship license, the DMV may also require that you install a breath interlock device in order to drive, which can be costly. This decision of the DMV is dependent on whether this is your first OWI, the level of intoxication which you may have been measured at, etc.   If you are in need of an attorney to represent you in your OWI, please feel free to contact my office today at 337-237-0492 for an appointment so that we can discuss your case.... Read Answer

The prosecutor has 1 year to file charges if it's a misdemeanor. 3 years for felonies. If the prosecutor charged you with DWI but you just never received the paperwork in the mail, that's not a statute of limitations issue. You're still responsible even though you didn't receive notice in the mail. You need to hire an attorney.... Read Answer

You really need to retain a local criminal attorney so the facts of your case can be investigated thoroughly. You cannot be forced to take a breath test. You have to sign forms saying that you consent to the breath test. If this was not done properly, the results of the test may be excluded.... Read Answer

DUI is a person under 21 driving with any alcohol in their system. DWI is a person of any age driving while intoxicated. If a person is involved in an accident in which someone is hurt, they can be charged with a felony - intoxication assault. If it is a first offense DWI in which someone hits a parked car, it is just DWI but judges and prosecutors do look at it more seriously.... Read Answer

It is probably a DWI, not a DUI (which is driving after drinking any alcohol when you are under 21.) It depends on the outcome of your case. If you get a probation, then you will sign a form in which you agree that your probation officer can contact you at your place of employment. In most counties, this does not occur, however.... Read Answer

You ought to hire a lawyer. He might be able to get you pre-trial diversion which would get the charge dismissed. You need to ask for a hearing on the suspension of your license. You were given a form to complete to request a hearing. You must subpoena the arresting officer. If he fails to show up your license will not be suspended.... Read Answer