More Information on DWI

Louisiana from parish to parish, is under pressure from the federal government and political groups as MADD are enforcing DWI laws now more than ever, clearly evidenced by the new stricter penalties the creation of check points, and breath and blood testing policies.  Louisiana driving while intoxicated (DWI) law, La RS 14:98-14:98.5, forbids individuals from driving a motor vehicle, aircraft, watercraft, or any other means of conveyance if they show impairment due to the influence alcoholic beverages or the use of prescription and non-prescription drugs such as marijuana, amphetamines, tranquilizers and barbiturates or a combination of two or more.   A conviction can result in loss of your driver’s license, hefty fines, an interlock system to start your car, drug and alcoholic rehab programs, incarceration and a criminal record, which can impact your livelihood for years.  If you have a commercial driver’s license or are under the age 21, the thresholds to prove the crime of DWI/DUI in Louisiana are less than the average person outlined on this page, regardless if you were not driving your commercial vehicle. 

The easiest way to explain Louisiana DWI/DUI is that always remember while it is one arrest for DWI/DUI you are prosecuted in 2 separate Louisiana courts.  The first Judge you may encounter is the Administrative Judge appointed by the Governor’s office to oversee the prosecution and/or taking of you driving privileges given to you by the State of Louisiana though the department of public safety and corrections and the department of motor vehicles. You have no constitutional right to drive in Louisiana.   All this judge and court can do is affirm or withdraw your driving suspension; he cannot put you in jail etc...  Note you must apply for this court within 30 days of your arrest to avail yourself of its benefits or you lose them.  Please contact Joe Larre` or his firm with questions or to request a form to request an appeal of the suspension of your driving privileges

The 2nd court is a city, parish, or district court where the public elects the judge.  These courts and judges oversee the criminal prosecution of your alleged DWI/DUI buy the State of Louisiana through the District or city attorney’s office.  Here the Judge may enforce all penalties of the crime of DW/DUI including jail time except the suspension of your driving privileges in legal theory.   There is nothing you need to do for this one as you where probably given a court date ordering you to appear in this court upon your release from jail.   

The Joe Larré Law Firm LLC specializes in DWI/DUI Defense, Car Accident Personal Injury, and Criminal defense, assisting clients in Jefferson Parish, Lafourche Parish, St Charles Parish, St Tammany Parish, Plaquemines Parish, Terrebonne Parish, Orleans Parish, East Baton Rouge Parish, Tangipahoa parish, and all other Southern Louisiana Parishes.

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