8 Steps to Take Immediately After a DUI Charge

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.

1. Stay Calm and Gather Information

1.1 Understand the Immediate Consequences

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:

• License suspension for up to two years, or more.
• Fines ranging from $300 to $1,000 or more.
• Mandatory alcohol education programs.
• Jail time, particularly for repeat offenders or severe cases.

1.2 Avoid Speaking to Law Enforcement Beyond the Basics

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.

2. Secure Legal Representation

2.2 Hire a Criminal Defense Lawyer

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.
• Challenge the accuracy of field sobriety and breathalyzer tests.
• Advocate for reduced penalties or alternative sentencing options.
• Explain the “civil” ramifications of a DUI arrest, including the administrative process of a suspended license under Title 32 of the Louisiana Revised Statutes. This service may cost more, but it may allow your license to remain active while you fight the criminal case (there are strict deadlines of 30 days to appeal a suspension, so do not wait).

2.3 Public Defender vs. Private Attorney

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.

3. Review the Arrest Details

3.3 Obtain and Analyze the Police Report

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.

3.4 Identify Any Weaknesses or Errors in the Evidence

Common issues to look for include:

• Improper administration of field sobriety tests.
• Malfunctioning or improperly calibrated breathalyzers.
• Lack of probable cause for the initial traffic stop.

3.5 Request the Video Footage, if Available

Dashcam or bodycam footage can provide valuable evidence. It may contradict the officer’s claims or show improper procedures were not followed.

4. Address the Administrative Issues

4.1 Request a Hearing for License Suspension

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:

• Argue your license should not be administratively suspended.
• Apply for a hardship license, allowing limited driving privileges for work or school.

4.2 Comply with Administrative Requirements

Ensure that all fees, forms, and requirements are completed on time. Failure to do so can result in further penalties or complications.

5. Understand Your Legal Options and Defenses

5.1 Evaluate Potential Defenses

Your attorney will evaluate the specifics of your case to build a defense. Common defenses include:

• Challenging the legality of the traffic stop.
• Disputing the accuracy of breathalyzer or blood test results.
• Presenting medical conditions that could have influenced field sobriety test performance.

5.2 Consider Plea Bargains or Alternative Sentencing

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.

6. Prepare for Court and Legal Proceedings

6.1 Gather Documentation and Evidence

Work with your attorney to collect all relevant documents, including:

• The police report and test results.
• Witness statements.
• Medical records or other evidence supporting your defense.

6.2 Follow Court Procedures and Legal Advice

Missing a court date can result in additional penalties, including arrest warrants. Listen carefully to your lawyer’s guidance and follow their instructions.

6.3 Presentation in Court

Dress professionally, act respectfully, and follow courtroom protocols. Your demeanor can influence how judges, prosecutors, and juries perceive you.

7. Address the Impact on Your Personal and Professional Life

7.1 Impact on Employment and Job-Related Issues

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.

7.2 Personal Consequences

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.

7.3 Seek Support if Needed

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.

8. Explore Long-Term Solutions and Future Steps

8.1 Expungement or Record Sealing

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.

8.2 Consider Alcohol Education Programs

Enrolling in alcohol education or treatment programs demonstrates accountability and may reduce penalties. These programs can also help prevent future incidents.

8.3 Prepare for the Long-Term Effects of a DUI

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.

Take the First Step to Protect Your Future

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.