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You should immediately consult with an attorney. The sooner you consult with an attorney, the sooner he can begin collecting evidence which is favorable to your case. The sooner friendly witnesses can be interviewed, the better their memories will be of the events which occurred surrounding your arrest. Additionally, certain other forms of physical evidence are more likely to be available and accurate if collected in close proximity to your arrest. Again remember that you only have 15 days from the date of your arrest to apply for an administrative hearing to contest the suspension of your driver's license.
Yes, or else there will be consequences. Under Louisiana’s implied consent law, any person, regardless of age, who operates a motor vehicle upon public highways shall be deemed to have given consent to a chemical test or tests of his blood, breath, urine, or other bodily substance for the purpose of determining the alcoholic content of his blood, and the presence of any abused substance or controlled dangerous substance in his blood if arrested for any offense arising out of acts alleged to have been committed while the person was driving or in actual physical control of a motor vehicle while believed to be under the influence of alcoholic beverages or any abused substance or controlled dangerous substance.
There are many issues to be resolved in a drunk driving case. The failure of the State to prevail on any of these issues could result in an acquittal. An example of some of those issues is as follows:
Your 1st DWI conviction could cost you thousands of dollars in court costs, fines, lawyer fees, etc.
1st DWI conviction - MAXIMUM Penalties
2nd DWI conviction - MAXIMUM Penalties:
3rd DWI conviction - MAXIMUM Penalties
4th DWI conviction - MAXIMUM Penalties
DWI Penalties for a driver under age 21 include:
1st DWI Conviction:
2nd DWI Second Conviction (Misdemeanor)
No. When you are arrested for DWI and you either refuse to submit to a breath alcohol or blood alcohol test or submits to a breath alcohol or blood alcohol test with a reading of .08 or above, the arresting officer will seize your driver's license and issue in its place a temporary license which is good for 30 days. When this happens you have the right to an Administrative Hearing to determine if your driver's license will be suspended. In order to obtain an Administrative Hearing you must apply to the DMV, in writing, within 15 days of your arrest. If you do not timely apply for a hearing, your driver's license will be suspended when the 30 day temporary driver's license expires.
This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified drunk driving lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact a local drunk driving attorney to discuss your specific legal situation.