A DWI arrest in Louisiana does not have to define what comes next. What happens in the hours and days following the arrest, and the decisions you make during that window, will directly shape the outcome of your case. Speaking with a top-rated lawyer in Covington, LA early on can make a real difference, and this guide walks through the full process so you know exactly what to expect.
Louisiana Charges DWI, Not DUI
If you searched for a DUI arrest in Louisiana, you are in the right place. Louisiana law uses the term DWI, which stands for Driving While Intoxicated, not DUI (Driving Under the Influence). Both terms refer to the same type of offense, but DWI is the statutory charge under Louisiana Revised Statutes RS 14:98. Throughout this guide, we will use DWI because that is the legal term that applies to your case.
Step 1: The Traffic Stop and Field Sobriety Testing
A DWI arrest typically starts with a traffic stop. Officers must have reasonable suspicion to pull you over, such as a moving violation or erratic driving. If they suspect impairment, they will often ask you to step out of the vehicle and perform standardized field sobriety tests, which may include the walk-and-turn, the one-leg stand, and the horizontal gaze nystagmus test.
You are not legally required to perform field sobriety tests in Louisiana. Refusal does not mean the encounter ends there. Officers may still have grounds to arrest you based on other observations, and your refusal can be noted in the incident report.
Step 2: Chemical Testing and Your Right to Refuse
After a field sobriety evaluation, officers will typically request a chemical test, either a breathalyzer at the scene or a blood draw at a facility. Louisiana’s implied consent law means that by holding a driver’s license, you have already consented to chemical testing upon a lawful arrest for DWI.
Refusing a chemical test results in an automatic license suspension, separate from any criminal penalties. The legal blood alcohol concentration (BAC) limits are 0.08% for drivers 21 and over, 0.02% for drivers under 21, and 0.04% for commercial drivers. A BAC above 0.20% triggers additional mandatory penalties, including mandatory jail time even on a first offense.
Step 3: Booking and Bail
After the arrest, you will be transported to a parish jail for booking. Booking involves recording your personal information, taking fingerprints and a photograph, logging the charge, and completing a background check. Depending on the charge and your criminal history, you may be released on bail or held until a bail hearing.
Bail is the amount of money paid to secure your release while the case is pending. A judge sets bail based on the severity of the charge, your prior record, and your perceived flight risk. An attorney can appear at a bail hearing and argue for a lower bail amount or for your release on personal recognizance.
Step 4: The Arraignment
Your arraignment is the first formal court appearance after the arrest. In Louisiana, arraignment can occur within 72 hours of arrest. At arraignment, the charges are formally read to you, and you enter a plea: guilty, not guilty, or no contest.
Do not enter a guilty plea at arraignment without first speaking to an attorney. Entering a not guilty plea preserves every legal option available to you. It does not mean you are going to trial. It means your attorney can investigate the case, challenge the evidence, and negotiate from a position of strength.
Step 5: What Happens After Arraignment
After entering a not guilty plea, the pretrial process begins. Your attorney will review the evidence, including the police report, breathalyzer calibration records, bodycam footage, and any witness statements. We look for constitutional violations, procedural errors, and any weakness in the state’s case.
Depending on what we find, we may pursue suppression of evidence, challenge the legality of the traffic stop, or file for pretrial diversion if you qualify. Pretrial diversion is a program that allows eligible defendants to complete certain requirements, such as drug or alcohol treatment, in exchange for the charges being dismissed. Not every defendant qualifies, but it is one of several paths toward a favorable outcome.
Step 6: Trial or Resolution
Most DWI cases in Louisiana resolve before trial through negotiation. We build every case as if it is going to trial from day one, because that posture directly affects how the prosecution approaches your case. A defense that is clearly prepared for trial changes what the prosecution is willing to offer.
Outcomes can include a dismissed charge, a reduced charge, probation in place of jail time, or a reduction from a higher offense level to a lower one. We have documented cases where a third-offense DWI was reduced to a first offense, and where a DWI with a blood alcohol level above 0.20 was dismissed through pretrial. Past results do not guarantee future outcomes.
What Our Team Can Do for Your DWI Case
When you hire James & Bradley Law Firm, you are not hiring a single attorney. Our team includes attorneys, full-time paralegals, and a dedicated criminal investigator, all working your case from the day you call. On cases that require it, we associate with of-counsel attorneys, including federal specialists and a retired judge.
Every DWI case we take on is prepared for trial from the start. That approach is what gives us more weight in negotiations and what gives you the best chance at the outcome you need.
Frequently Asked Questions About DWI Arrests in Louisiana
These are the most common questions we hear after a DWI arrest. A free phone consultation is the fastest way to get a direct answer about your specific situation.
Q: How long do I have to hire a DWI attorney after an arrest in Louisiana? The sooner you act, the better. Your arraignment can happen within 72 hours of arrest, and critical evidence can be time-sensitive. Contact an attorney the same day if possible.
Q: Can a DWI be dismissed in Louisiana? Yes. We have documented cases where DWI charges, including a charge with a blood alcohol level above 0.20, were dismissed through pretrial. Case circumstances vary, and an attorney can evaluate what options apply to yours.
Q: What happens to my driver’s license after a DWI arrest in Louisiana? Louisiana imposes an automatic license suspension when you refuse a chemical test or test above the legal limit. A hardship license may be available. An attorney can advise you on the suspension process and your options.
Q: Will a DWI conviction show up on my background check? Yes. A DWI conviction in Louisiana appears on your criminal record and can affect employment, housing, and professional licenses. A first-offense conviction may be eligible for expungement after a waiting period and completion of all sentence requirements.
Q: What should I do if I missed my court date after a DWI arrest? Contact a criminal defense attorney immediately. A bench warrant is typically issued the same day you miss a court date. An attorney can help you address the warrant before the situation escalates.Q: How much does a DWI attorney cost in Louisiana? Costs vary by case complexity. We offer a free phone consultation and payment financing through LawPay so there is no financial barrier to getting your questions answered.
Ready to Get the Help You Need?
If you’re facing legal challenges and don’t know what to do next, you don’t have to face it alone. At James & Bradley Law Firm, our experienced team is committed to defending your rights, guiding you through the legal process, and fighting for the best possible outcome for your case.
Whether it’s criminal defense or family law, we’re here to listen and help you take the next step. Don’t wait; your legal situation matters.
Contact us today for a FREE phone consultation:
(985) 276-4740 – Call now to speak with an attorney.
803 W 22nd Ave, Covington, LA 70433, USA – Visit our office or submit your details through our contact form to get started.
Get the answers you need now. We’re ready to help.
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