DWI Defense Attorney

Getting arrested for a DWI in Metairie is a very stressful experience. A conviction can result in serious consequences, including imprisonment, fines, community service, and suspension of your driver’s license. It is critical to find an experienced attorney as soon as possible to ensure the best possible outcome.

METAIRE DWI DEFENSE ATTORNEY

What are the DWI Laws in Metairie?

In Louisiana, it is against the law for any person to operate a motor vehicle with a blood alcohol concentration (BAC) of .08% or greater or while under the influence of alcohol and/or drugs. You can be arrested for a DWI even if you blow under the .08% threshold if the police officers believe you are acting under the influence. The blood alcohol limit for drivers under the age of 21 is .02%.

What are the Penalties for a DWI in Metairie?

The penalties for a DWI in Metairie will depend on the exact circumstances of the case. The biggest factor is the number of DWI convictions the individual has had over the past ten years.

  • First Offense – If this is your first DWI conviction, it will be a misdemeanor punishable by ten days to six months in jail and fines between $300 and $1,000.
  • Second Offense – If this is your second DWI conviction, it is a misdemeanor punishable by 30 days to six months in jail and fines between $750 and $1,000.
  • Third Offense – If this is your third DWI conviction, it is a felony punishable by one to five years in prison and up to $2,000 in fines. You must serve one year of prison time without the benefit of suspension.
  • Fourth Offense – If this is your fourth offense (or more), it is a felony offense punishable by ten to thirty years in prison and fines up to $5,000. You must serve two years of prison time without the benefit of suspension.

In cases not involving excessive BAC, the court may suspend part of the jail sentence and place the offender on probation. If the court grants probation, you may need to complete additional requirements, like community service, driving courses, and a substance abuse evaluation.

Other factors that will result in enhanced penalties include:

  • If there was a minor in the vehicle,
  • If the DWI resulted in an accident,
  • If you are underage, and
  • If your BAC was greater than .15% or .20%.

In addition to jail time and fines, the judge could order probation, the installation of an ignition interlock device, drug and alcohol classes, community service, driving classes, and driver’s license suspensions.

Defenses for DWI Charges in Metairie

Not every DWI arrest has to result in a conviction. Louisiana DWI laws are complex, but a qualified attorney will be able to analyze the facts and provide a skilled and aggressive defense. Depending on the circumstances, your attorney may even be able to get your charges reduced or dismissed.

There are several possible defenses that your attorney could raise. Some examples of common defenses include:

  • Illegal Stop – To stop your car, the Metairie police officer must have had reasonable suspicion that you committed a crime. For example, the officer must have witnessed reckless driving, extremely slow driving, or improper equipment. Without a justified reason, the stop is unconstitutional under the Fourth Amendment of the U.S. Constitution. Evidence collected during an illegal stop is inadmissible and cannot be used against you in court.
  • Challenge the Evidence – The prosecutor has the burden of proving that you were driving under the influence beyond a reasonable doubt. Your attorney can challenge the evidence presented against you so the state cannot meet its burden. For example, the validity of breathalyzer, blood, or field sobriety tests can all be challenged.
  • You Were Not Operating the Vehicle – To be convicted of a DWI in Metairie, you must have been operating a vehicle. If you were simply sleeping in the car and the keys were not in the ignition, your attorney could argue there is not enough evidence to prove you were operating the vehicle.

Your Metairie DWI Defense Attorney

If you or a loved one were arrested on DWI charges in Metairie, reach out to The Fisher Law Firm. The attorneys at Fisher Law Firm will provide a skilled and aggressive defense to ensure the best outcome possible.

The Fisher Law Firm is a full-service law firm dedicated to providing the best legal services to Louisiana residents. Your initial consultation is free, so call us today at 504-304-4944 to schedule an appointment at our Metairie, Louisiana office.

 

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