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After a DUI, you should immediately contact a lawyer, remain silent to the police, and contact the DMV to request a hearing within a specific timeframe, which is often 10 days. It is also crucial to document the arrest, collect any evidence like witness information and receipts, and secure your vehicle from being impounded. Finally, you must be prepared for court, understand your legal obligations, and make plans to avoid future DUIs.
Facing a DUI charge can feel overwhelming, but taking the right steps early can make all the difference. A DUI charge carries serious potential consequences, including license suspension, fines, and even jail time.
Beyond the legal penalties, a DUI can impact your personal life, professional reputation, and financial stability.
Understanding what to do after being charged with a DUI is critical to protecting your rights and minimizing the impact on your future.
At the Ikerd Law Firm, we specialize in DUI defense and are here to guide you through every step of the process. Contact us today.
In Louisiana, DUI, OWI, and DWI all mean the same thing and are treated as the same offense. La. R.S. § 14:98 et seq. The penalties for a DUI depend on factors like your blood alcohol content (BAC), prior offenses, and whether there were any accidents or injuries.
These penalties can include:
After being stopped or arrested, exercise your right to remain silent.
Provide basic information only, such as your name and address. Avoid admitting guilt or providing explanations about your behavior or alcohol consumption. Statements made during this time
can be used against you in court. Admitting you drank “one beer” will be used to imply you drank many beers and you were in fact intoxicated.
Hiring an experienced DUI defense lawyer is the best step you can take.
A skilled attorney can:
Review the circumstances of your arrest for legal or procedural errors.Public defenders provide representation for those unable to afford a private attorney. While they can be committed and knowledgeable, their heavy caseloads often limit their time and resources.
A private criminal defense attorney, such as the Ikerd Law Firm, can offer personalized attention, thorough case preparation, and access to additional resources.
The police report is a critical document in your defense. It details the reason for the stop, the officer’s observations, and the results of any sobriety tests. Reviewing this report with your attorney can help identify errors or inconsistencies that may support your case.
Common issues to look for include:
Dashcam or bodycam footage can provide valuable evidence. It may contradict the officer’s claims or show improper procedures were not followed.
In Louisiana, you have only 30 days from your arrest to request a hearing with the Office of Motor Vehicles (OMV) to contest your license suspension. Missing this deadline could result in automatic suspension. (Look closely at the documents the officer gives you; it will explain this process)
An attorney can help you:
Ensure that all fees, forms, and requirements are completed on time. Failure to do so can result in further penalties or complications.
Your attorney will evaluate the specifics of your case to build a defense. Common defenses include:
In some cases, negotiating a plea deal may be the best option. This could involve reduced charges or penalties, such as probation instead of jail time. Alternative sentencing options, such as
Pretrial Diversion, community service, or alcohol education programs, may also be available.
Work with your attorney to collect all relevant documents, including:
Missing a court date can result in additional penalties, including arrest warrants. Listen carefully to your lawyer’s guidance and follow their instructions.
Dress professionally, act respectfully, and follow courtroom protocols. Your demeanor can influence how judges, prosecutors, and juries perceive you.
A DUI charge can affect your job, particularly if your work involves driving or requires a clean criminal record. You may need a hardship license to continue working, or your employer’s insurance policy might exclude drivers with DUI convictions.
DUIs can strain personal relationships, increase your insurance premiums, and limit future opportunities. Understanding these potential outcomes can help you plan for the long term.
A DUI charge can be emotionally taxing. Consider seeking support from trusted friends, family, or professional counselors. Support groups can also provide valuable resources and encouragement.
After fulfilling court requirements, you may be eligible to have your DUI conviction expunged or sealed. This process removes the offense from public records, making it easier to find employment, secure housing, and rebuild your reputation.
Enrolling in alcohol education or treatment programs demonstrates accountability and may reduce penalties. These programs can also help prevent future incidents.
A DUI conviction may affect your ability to travel internationally, increase your insurance costs, and influence future legal proceedings. Work with your lawyer to plan strategies for mitigating these long-term impacts.
Facing a Louisiana DUI charge can feel daunting, but with the right guidance, you can navigate the legal process and minimize its impact on your life.
At the Ikerd Law Firm, we are committed to providing skilled, compassionate representation to help you achieve the best possible outcome.
Contact us today to schedule a consultation. Let us fight for your rights and provide the support you need to move forward with confidence.
Under La. R.S. 32:667, you have 30 days from the date of your arrest to submit a written request for an administrative hearing with the Division of Administrative Law. If you miss this deadline, your license suspension takes effect automatically. The arresting officer will give you a temporary driving permit that is valid for 30 days, so contacting a lawyer right away is the single most time-sensitive step after an arrest.
A DUI arrest in Louisiana creates two separate cases. The administrative case is handled by the Office of Motor Vehicles and deals only with your driving privileges. The criminal case is prosecuted by a city attorney or district attorney and involves potential jail time, fines, and a criminal record. You can win one case and lose the other, which is why working with a defense attorney on both sides of the case matters.
Yes. Breathalyzer results can be challenged on several grounds, including improper calibration of the device, failure to follow testing protocols, or medical conditions that may have produced a false reading. Acid reflux, diabetes, and certain diets can all affect BAC readings. A defense attorney can review the maintenance records and officer training logs to find weaknesses in the test results.
Under La. R.S. 14:98, a first-time DUI conviction can carry up to six months in jail, fines up to $1,000, a 90-day administrative license suspension if your BAC was .08 or above, and completion of a substance abuse or driver improvement program. A judge may also order community service or probation in place of some jail time, depending on the facts of the case.
Louisiana is an implied consent state, meaning that by driving on public roads you have agreed to submit to chemical testing if lawfully arrested for DUI. Refusing the test results in an automatic license suspension of 365 days for a first refusal. You can still request an administrative hearing within 30 days to challenge the suspension, and your attorney may argue the officer lacked probable cause for the arrest.
A DUI charge can be dismissed if the defense identifies problems with the traffic stop, the arrest procedure, or the testing process. Common grounds include lack of probable cause for the stop, improperly administered field sobriety tests, or chain of custody issues with blood samples. In some cases, a prosecutor may agree to reduce the charge to reckless driving or careless operation through a plea agreement.
Louisiana DUI convictions are not directly eligible for standard expungement. The typical path is through Louisiana Code of Criminal Procedure Article 894, where a judge may defer your sentence and place you on probation. After you complete all probation conditions, your attorney can file a motion to have the conviction set aside and dismissed. Once dismissed, you can then petition for expungement of the arrest and conviction. A prior DUI conviction used through Article 894 can still count as a prior offense for the next 10 years.
A hardship license is a restricted driving permit that allows you to drive for purposes like work, school, medical care, and groceries during your suspension period. For a first-offense DUI, you can apply after 30 days of suspension by petitioning the district court in your parish. You will need to show that losing your driving privileges would prevent you from earning a living or supporting yourself. Louisiana law now requires an ignition interlock device on all DWI-related hardship licenses, and you will also need SR-22 high-risk insurance.
Under laws amended in 2023 and 2024, an ignition interlock device is now a condition for all DWI-related hardship licenses in Louisiana, regardless of offense level. For a first offense with a BAC of .15 or higher, repeat offenses, or refusal cases, an interlock device is also a condition for full license reinstatement after your suspension ends. The device prevents your vehicle from starting if it detects alcohol on your breath.
A DUI conviction can create problems when traveling internationally. Canada, for example, considers DUI a serious criminal offense and can deny entry to anyone with a conviction on their record. Other countries may have similar restrictions depending on their immigration policies. If international travel is part of your personal or professional life, discuss this with your attorney early in the case so they can factor it into your defense strategy.
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