DUI/DWI Assistance

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Jefferson Parish DWI Frequently Asked Questions | How to Beat a DWI in Orleans Parish

What is the definition of intoxication in the State of Louisiana and how is intoxication measured?

The state of Louisiana intoxication is defined as either: 

• Not having the normal use of mental by reason of introduction of alcohol, a controlled substance, a drug, a dangerous drug, or a combination of two or more of those substances, or any other substance in the body; OR
• Not having the normal use of physical faculties by reason of introduction of alcohol, a controlled substance, a drug, a dangerous drug, or a combination of two or more of those substances, or any other substance in the body; OR
• When an individual has a Blood Alcohol Concentration of .08% or more.

The state is only required to prove intoxication under one of these three definitions. See Louisiana DWI / DUI Statutes for more information.

What is the definition of Driving While Intoxicated in the state of Louisiana?

In order to be found guilty of Driving While Intoxicated or Driving Under the Influence, a person must be intoxicated while operating a motor vehicle, boat, or plane in a public place. The state is specifically required to prove that you were:

1. Operating a motor vehicle
2. While intoxicated
3. In a public place

The failure of the state to prove just one of these three elements beyond a reasonable doubt will result in the dismissal of your case or an acquittal. For more information, see Louisiana DWI / DUI Statutes. Specifically, La. R.S. 14:98, Operating a vehicle while intoxicated.    

When is an officer allowed to stop and test an individual that he suspects for an Orleans Parish DWI / DUI violation?

In order for an Orleans Parish Police Department police officer to stop your vehicle, the officer must have a reasonable suspicion to believe that you are driving while intoxicated. Reasonable suspicion forms when an officer witnesses and can articulate facts that indicate the officer witnessed some driving activity that was out of the ordinary, the officer has a reason to connect the detainee to the unusual activity, and some indication that the activity is related to a crime. If the officer can articulate reasonable suspicion, then the officer is authorized to stop your vehicle and perform one of the state approved tests to determine intoxication. To learn more about the requirements of reasonable suspicion, see DWI / DUI Stop and Arrest. 

What types of testing methods are available to an officer who has reasonable suspicion to believe that a driver is intoxicated?

When an officer pulls over an individual suspected of intoxicated driving, he is authorized to perform either a Field Sobriety Test on the scene or use a Portable Breathalyzer Test to develop the probable cause necessary to make arrest an individual for DWI/DUI. If an officer is able to develop probable cause to believe that you are in fact driving while intoxicated, then he can place you under arrest. Once back at the station, the officer will be authorized to conduct chemical testing in the form of Breath Analysis, Blood Analysis, or Urine Analysis.  

Do I have a right to refuse field sobriety tests and subsequent chemical testing?

YES, but this right is not absolute. Field sobriety tests and chemical testing is completely voluntary both on the scene and back at the police station. Under both federal and state criminal laws, you have the right not to perform any sort of sobriety test or submit to police questioning. These tests can give the state evidence to use in the case against you, so it may be in your best interest to refuse any type of sobriety testing. You will not be given the opportunity to consult with an Orleans Parish DWI / DUI attorney before you are asked to submit to chemical testing.  

While you have the right to refuse testing, it is essential that you understand the implications of refusal. Under Louisiana law, by obtaining a Louisiana Driver's License and operating a motor vehicle within the state, you have given what is referred to as "implied consent" that you will submit to chemical testing for drugs or alcohol should an officer believe there is reasonable suspicion that you may be operating a motor vehicle while under the influence of alcohol or drugs. To learn more about the Louisiana Implied Consent laws and the penalties associated with refusal to submit to chemical testing, please refer to our Administrative License Suspension page and the Louisiana Implied Consent statute.

However, it is possible to lose your right to refuse chemical testing if the arresting officer obtains a search warrant from a detached magistrate, which can be granted even in suspected misdemeanor offense. Additionally, if you are suspected of a DWI / DUI that results in the serious bodily injury or death of one of the parties, then you will lose your right to refuse chemical testing.

What will happen if I exercise my right to refuse field sobriety tests and chemical testing?

It is very important to understand that refusing to submit to sobriety tests or chemical testing can provide the Orleans Parish Police Department with the probable cause needed to place an individual under arrest. Furthermore, under the Louisiana Implied Consent Law, refusal to submit to chemical testing at the time of your arrest will result in an automatic suspension of your license for 1 year.  

If I am arrested for a DWI / DUI, do I automatically lose my license?

Under the Louisiana Implied Consent Law, if an individual refuses to consent to field sobriety tests or chemical testing or alternatively fails a breath, blood, or urine analysis, then the state of Louisiana has the authority to suspend your license.   However, this suspension is not automatic! When an individual is arrested and charged with a crime, the arresting officer is ordered to issue a form,which is intended to provide the individual with notice that their license will be suspended 30 days from the issuance of this form. After receiving this paperwork, an individual has 15 days to challenge the suspension by requesting an Administrative License Suspension Hearing. If the individual fails to request an ALS hearing within the 15 days, then the individual's license will be automatically suspended on the 31st day after the DUI arrest occurred. 

The deadlines to request an ALS hearing are strictly followed so it is imperative to act immediately to request the hearing. You do not have to engage in the ALS process on your own, contact an Orleans Parish DWI/DUI attorney now to help you fight the suspension of your driver's license. For more information, please see the DWI / DUI Administrative License Revocation Hearing page.

Do I have to go to jail if I am convicted of my first DWI/DUI offense?

Not necessarily, but it is possible. Generally, if an individual has an otherwise clean record and is charged with their first alcohol or drug related offense, they will not be required to serve jail time and will be place on probation by the court as long as the DWI/DUI did not result in the death or serious bodily injury of any individual. The probationary period will be determined by the judge in your case and can range anywhere from 6 months to 2 years. To learn more about the probationary terms that can be imposed for a first time DWI / DUI conviction, click here to check out the range of DWI/DUI penalties in Orleans Parish, Louisiana.  Click here to learn about misdemeanor DWI penalties in Orleans Parish, Louisiana.  

The terms of your probation are likely to hinge not only on your prior record but also on the judge and probation officer assigned to your case.  Your Orleans Parish DUI attorney will be an indispensable resource for guidance when dealing with the penalties of your case.  

Getting arrested for an Orleans Parish DWI / DUI is a scary and often accompanied by intense feelings of stress and confusion. Do not attempt to handle your DUI alone.  You will be thankful that you have an experienced Orleans Parish DWI lawyer to help guide your through the complex legal process. Your Orleans Parish DWI Attorney can help you receive community service instead of jail time from one of the Orleans Parish Community Service Organizations in the table below.

What if I am a minor and arrested for a DWI / DUI?

In the state of Louisiana, a minor in this context is defined as anyone under 21 and these individuals are susceptible to both underage and adult DWI charges. A minor can be charged with an adult DWI offense if they are found to be legally intoxicated (.08% BAC) while operating a motor vehicle in a public place. If a minor is charged and convicted of an adult  DWI offense, then that individual will face the same consequences as an adult who is convicted of a similar offense. When a minor is stopped for a suspected DWI / DUI violation, the officer is authorized to perform field sobriety tests and chemical testing in order to determine if a minor is intoxicated. A minor still has a right to refuse police testing, but just like adults the failure to consent will result in an automatic revocation of the minor's driver's license for one year.

Underage DWI laws in the state of Louisiana reflect the state's zero tolerance policy in regards to underage drinking and driving. If a minor under age 21 is found to have any detectable amount of alcohol in their system then they can be arrested and charged with a DWI offense.  For a complete list of the penalties associated with and underage DWI in Orleans Parish, please go to Drivers Under 21. 

Orleans Parish Public and Private high schools take underage DWI charges very seriously. If you attend an Orleans Parish high school, including New Orleans Center for Creative Arts, New Orleans College Prep Charter School, New Orleans Charter Science and Mathematics High School, Warren Easton Senior High School, Benjamin Franklin High School, Edna Karr Charter High School, Lusher Charter School, Priestley Charter School of Architecture & Construction, or Lusher Charter School, then you could be facing suspension from extracurricular activities and the loss of scholarship opportunities.

How much will a First Offense DWI / DUI cost me?

While the cost of DWI/DUI will vary depending on the circumstances of your case and the individual or collective charges that you are facing, a DWI / DUI case in Louisiana can cost you thousands of dollars:

• Car towing
• Impoundment
• Bail
• Attorney's fees
• Court costs
• DWI/DUI fines 
• Probation costs
• License reinstatement fees 
• Fees for extended insurance fees
• Increases in insurance rates

How much will a DWI / DUI attorney cost me? 

The cost of a skilled Orleans Parish DWI / DUI attorney varies across the Greater Orleans Parish Metropolitan area. The average First Offense DWI / DUI case will cost approximately $5,250 without including attorneys fees, but that fails to factor in the cost of going to jail for up to 30 days for a first time conviction and the long term costs like insurance increases and potential problems with future employment due to your criminal record. The cost of DWI / DUI attorney will vary depending on the circumstances of your case and the jurisdiction of your arrest, but DWI / DUI costs can be reduced if you have a skilled Orleans Parish DWI / DUI attorney who can fight to keep a DWI / DUI conviction off your record.

What are the different DWI Substance Abuse and Driver Improvement Training Classes that I might be required to complete  as a result of my Orleans Parish DWI charge?

You will be required to take a court-approved DWI Substance Abuse and Driver Improvement Training class as part of your sentence or probation.  Different judges approve different programs.  Your Orleans Parish probation officer will fill you in with the precise details.  

Be aware that you may also have other requirements such as : a MADD Victim Impact Panel, community service, substance abuse screenings, wearing a SCRAM alcohol monitoring bracelet, and/or installation of an Ignition Interlock Device on your vehicle.   

How will a DWI/DUI conviction affect my car insurance rate?

The Louisiana Office of Motor Vehicles will automatically initiate a suspension of your license once you are arrested and charged with a DWI/DUI offense. If you are convicted a DWI/DUI offense and your license is ultimately  suspended, you will have to report the conviction to your insurance company. The Court requires an individual to present an SR-22 Insurance Form to the Parish Traffic Court and/or Office of Motor Vehicles before you can have your license reinstated. Once you report a conviction to your insurance company, your insurance company will either:

• Mark you as a "high-risk driver" and increase your premiums to cover the SR-22 Insurance required by the Court; OR
• Cancel midterm or fail to renew your insurance policy because they do not provide DWI/DUI Insurance. If your policy is canceled, you will still likely be able to find a new insurance carrier to cover the SR-22 requirements, however it will most likely be at an increased cost since a DWI/DUI conviction remains on your driving record for years afterwards. If you have trouble finding a new insurance carrier, an independent insurance agent who works with several different insurance companies could help you find a new carrier. 

What will happen if I fail to properly reinstate my License and am caught Driving with an Invalid License in Orleans Parish?

Driving with an invalid Louisiana Driver's License is a serious offense that can increase the original suspension period imposed on your license and cost you additional fines and possibly impact your probation.  If you are caught Driving With Suspended License in Orleans Parish, then you should contact your Orleans Parish DWI lawyer immediately to see what steps you need to take to make sure you get your full Orleans Parish driving privileges reinstated. 

Can I get a DWI/DUI conviction off my adult criminal record? 

Possibly, depending on the circumstances of your case. Expunction law is a very complex and specialized area of the legal field, it is crucial to contact an expunction attorney to help you through this process. Click here to learn about DWI Expunction in Orleans Parish, Louisiana.  Contact an experienced Orleans Parish DWI attorney today to learn how to expunge your DWI conviction!  

Orleans Parish, Louisiana Local Publications

DUI Criminal Arrest and Convictions are commonly published in Orleans Parish Newspapers and Magazines. Do not comment to the local media if you have pending DUI charges in Orleans Parish. Avoid talking to the following Orleans Parish Media Services or any other news outlet until after you have consulted with a knowledgeable Orleans Parish DUI Defense attorney.

Orleans Parish DWI Criminal Defense Lawyers are here to help you prepare a winning DWI defense. 

Serving clients throughout Southeastern Louisiana, including Algiers, Alma, Bridge City, Chalmette, Destrehan, Elmwood, Gretna, Harahan, Harvey, Kenner, Luling, Meraux, Marrero, Metairie, Mt. Airy, New Orleans, River Ridge, South Kenner, Slidell, St. Benedict, St. James, St. Rose, Terrytown, Westwego, and other communities in Orleans Parish.