Shreveport DUI Lawyer

Shreveport DUI Attorney

A common mistake is to believe you can only be charged with a DWI, sometimes called a DUI, if you have been drinking alcohol. However, you may also be charged with a DWI if you are operating a vehicle while under the influence of any controlled dangerous substance or a combination of alcohol and a controlled dangerous substance. If you have been charged with either of these offenses, contact a Shreveport DUI lawyer to understand your options.

In Louisiana, you can get a DWI if you drive with a blood alcohol concentration of .08% or higher regardless of whether or not your driving ability was actually impaired. However, even if your blood alcohol concentration is below .08%, you may still be arrested for a DWI if you have any alcohol in your system and were driving poorly.

There are several areas to navigate when charged with a DWI.

For starters, you are facing criminal charges. If this is your first arrest for a DWI, then it is considered a misdemeanor which means your are facing a maximum sentence of 6 months in jail. You may also face probation, a fine, community service, and driver improvement and/or substance abuse classes.

However, a DWI is an enhanceable offense meaning you may face stiffer penalties if you are arrested in the future for a DWI. While a second arrest for DWI is also a misdemeanor, a DWI 3rd offense is a felony charge that requires a mandatory jail sentence. If you are charged with a DWI 4th offense, then you are facing a minimum of 10 years in prison.

You may also lose your driving privileges following an arrest for a DWI, even if its your first arrest for a DWI. However, there are ways to restore your driving privileges following a DWI arrest. You only have a limited amount of time to request an administrative hearing to reinstate your driver’s license following an arrest for DWI.

Understanding Implied Consent

In Louisiana, implied consent exists to enforce testing when motorists are suspected of driving under the influence. Everyone automatically consents to testing by driving a vehicle in the state. These laws help reduce the amount of impaired driving, but they also require additional understanding so that you can use them to protect your rights.

If a driver refuses to take a test, they can face immediate penalties. You may face a license suspension soon after the first refusal, and the length of the suspension increases with every subsequent refusal. Drivers have the right to request a hearing if they believe that their license was suspended without a valid reason, but they must do so soon after the initial suspension.

Why Do I Need an Attorney?

Finding legal representation soon after a DWI arrest is important. An experienced attorney can help prevent additional complications due to rights violations. The earlier an attorney is involved, the stronger a defense they can build. There is also a higher likelihood that they can reduce any potential penalties associated with a DWI.

Criminal defense lawyers are knowledgeable about the criminal justice system and can help guide their clients through the process. They can explain the exact charges to the defendant as well as prepare them for interactions with the prosecution or the judge, both in and out of court. This guidance can help individuals make educated decisions about their cases and avoid common errors that could lead to serious consequences.

How Can a DWI Affect Your Life?

A DWI conviction can affect your life in many ways. Employers often conduct background checks, and they might not want to hire an individual with a criminal record, regardless of the context surrounding your case. This could lead to limited employment opportunities, making it difficult for people who are experienced in areas that require a clean criminal record, like healthcare workers or commercial drivers.

A charge can also have a financial toll beyond the initial penalties of the fines and court costs associated with the case. DWIs can result in increased insurance premiums because an insurance company could see you as a higher risk. If you are required to install an ignition interlock device, the process must usually be done at the individual’s expense. These costs can add up quickly and can lead to issues, especially if the defendant is already facing employment challenges.

It is also possible for a DWI conviction to affect personal relationships. The emotional toll of a conviction can be difficult to deal with, and relations with family and friends can be affected. It might be stressful to deal with the legal proceedings associated with a DWI, and it could also affect your social and professional reputation. This could, in turn, affect your overall mental and emotional health.

Alternative Sentencing Options

In Louisiana, some individuals who are convicted of a DWI are able to participate in alternative sentencing options. Rather than focusing on punishment, these options were created to allow for rehabilitation to prevent the same criminal activity from happening again in the future. These forms of alternative sentencing often include probation and education programs.

Alternatives like substance abuse programs are important because they can help support individuals convicted of a DWI in managing their addiction. In some cases, people with mental health conditions could receive counseling to manage their mental state and prevent further issues.

Other forms of alternative sentencing include community service and ignition interlock devices. Both of these options help the offender stay out of prison while allowing them to live a normal life and rebuild after a serious conviction. Working with an attorney can improve the odds of receiving an alternative sentencing option, which could improve your criminal record and your life after serving your sentence.

If you are facing DWI charges, then it is important to contact an experienced criminal defense lawyer as soon as you are arrested for the offense because there are issues that may need to be immediately addressed.

Call the Berg Law Firm today for your free consultation: 318-946-8962.

If you are in the Bossier City/Shreveport area, The Berg Law Firm is able to offer its services to you, in the event that you are in need of legal representation.

FAQs

Q: Should I Get a Lawyer for a DUI in Shreveport?

A: You should get a lawyer for a DUI in Shreveport. Working with an attorney can help you understand what the charges against you mean and how to fight them. They can explain your options and gather evidence that supports your efforts. Attorneys can often negotiate with prosecutors and might be able to secure a lighter sentence based on your unique situation. They are a valuable asset to have while dealing with a DUI or DWI charge.

Q: How Can a DWI Affect Your Driving Record?

A: A DWI can affect your driving record in Louisiana and might even result in a suspension. If you refuse or fail a drug test, it is possible for law enforcement to suspend your license. To fight this suspension, you have to request a hearing with the DMV shortly after you receive the suspension. If the charges are severe enough, you could be required to install an ignition interlock device on your vehicle, especially if you have received DWI charges before.

Q: What Do I Do If I Am Pulled Over for a DWI?

A: If you are pulled over for a DWI, stay as calm as possible and pull over in a safe location. Turn off the vehicle so the officer can know that you are not planning to flee the scene. Be polite, and provide your driver’s license and registration when the officer asks for it. You have the right to remain silent, so do not have to share whether you were drinking or not. After the traffic stop, seek legal advice as soon as possible.

Q: What Are Some Defenses Against a DWI Charge?

A: Some defenses against a DWI charge involve issues with the traffic stop itself. Sometimes, law enforcement does not have a good reason to conduct the traffic stop in the first place, or they might administer a breathalyzer test improperly. In other circumstances, individuals might look drunk, but they are really fatigued, ill, or disabled in a way that makes them appear intoxicated. Other defenses include rights violations during an arrest or a traffic stop.

Protect Your Future

A DWI charge can have a serious impact on your future. For assistance with fighting a DWI charge, schedule a consultation with The Berg Law Firm today. We are experienced in criminal defense law. Our firm is dedicated to helping our clients through difficult situations to make sure their rights are preserved.