How To Treat A Dwi Conviction
Unlike a typical traffic ticket, a citation for driving while intoxicated (DWI) poses
an urgent and considerable threat to your freedom, wealth, and reputation. Consequently, you should immediately hire a qualified DWI defense attorney to guide you through the complicated process. If you fail to hire the right attorney in time, you could forever impair your rights.
In Louisiana, DWI is a serious crime. It is punishable by imprisonment, fines, probation, and suspension of driving privileges, among other penalties.
If you have been arrested for DWI, you face two separate legal proceedings: (1) criminal prosecution in city or district court; and (2) administrative driver's license suspension by the state's office of motor vehicles.
Criminal prosecution is the more significant of the two legal proceedings because conviction can result in jail time, fines, probation, community service, and other strenuous penalties. DWI conviction can also tarnish your permanent criminal record which can result in the loss of employment, educational, and personal opportunities. Conviction can further haunt you by drastically increasing penalties in future DWI cases. Finally, DWI criminal conviction can cause your insurance rates to skyrocket, costing you thousands in additional premiums.
In most cases, the district or city court will schedule the first mandatory criminal court appearance, the arraignment, within a few months of the DWI arrest. At arraignment, the judge will read the charges to you, ask you to enter an initial plea, and assign you subsequent court dates for motions, pre-trial conference, and/or trial. After the arraignment, you have only 15 days to file written motions with the court requesting obtainable evidence and claiming relevant defenses.
The administrative driver's license suspension process moves even faster than criminal court. Under Louisiana law, refusal to take or failure to pass a chemical breath test results in an automatic suspension of your driver's license by the Louisiana Department of Public Safety, Office of Motor Vehicles. Typically, the arresting officer will confiscate your license upon arrest. To challenge the driver's license suspension, you must request a hearing before an administrative law judge within only 15 days of your arrest. You should also subpoena the arresting officer(s) to appear at the hearing. In addition to providing your only opportunity to reclaim your full driving privileges, the administrative law judge hearing usually presents the first (and best) opportunity to question the arresting officer about your DWI arrest and review the police report.
Considering the severe consequences of DWI conviction and the short 15-day deadlines significant in both the criminal court and administrative proceedings, you should employ a qualified DWI defense attorney as soon as possible to fight your charges. Making the mistakes of not hiring an attorney, hiring the wrong attorney, or even hiring the right attorney too late can ruin your case forever.
Disclaimer: The material contained in this article is for general informational purposes only and does not constitute legal advice or solicitation of legal services. You should not act upon the information presented without seeking professional counsel. Each case is different. The author does not and cannot warrant or guarantee the outcome of any case. Reading this article does not give rise to an attorney-client relationship. Absent an express written agreement between you and the author, no attorney-client relationship will be established.
by: Parker Layrisson
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