DUI convictions carry stiff penalties in Louisiana. For example, a first-time DUI conviction in the state carries penalties that include fines of up to $1,000, incarceration for up to 6 months, the requirement that the defendant perform community service, and a driver’s license suspension of up to two years, with an interlock ignition requirement for the first year after the license has been reinstated. The penalties for subsequent alcohol-involved traffic offenses are worse.
Additionally, through an interstate compact, Louisiana and other states share information about alcohol-related traffic arrests. What this means is that if you are convicted of a DUI in another state, this information will be shared in your home state and could impact the severity of the penalties you face.
An experienced New Orleans DUI attorney can assist you in your case, ensuring that your rights are protected and leveraging their experience and knowledge of the criminal investigations process to reduce or even eliminate the penalties you face, if possible. However, there are important actions that you can take for yourself that will go great lengths in upholding your constitutional rights during the criminal process.
Know Your Rights
If you’re stopped on suspicion of DUI, you can be subjected to three levels of police encounters:
- Consensual encounters occur when the police approach you without any legal basis to ask questions. Your Constitutional rights allow you to either choose to answer the questions or to refuse the questioning. If you are unsure as to whether the interaction is consensual, ask the officer if you are free to leave. If they say no, then the encounter is no longer consensual.
- An investigative detention occurs when the officer stops you on suspicion of committing a crime such as a DUI. The officer must provide you with a reason as to why you are not free to leave. During an investigative detention, if the officer requests your ID, you must provide it. You must also provide proof of insurance or other documents as requested and that fit in the scope of the officer’s stated reason for detaining you. However, you do not have to consent to a search of your car or your personal belongings, and if the officer asks if you are drinking, you do not have to answer that question.
- An arrest occurs when the officer has probable cause to believe that you have committed a crime. In this circumstance, you are not free to leave and you must provide the officer with basic information upon request. However, you do not have to answer the officer’s questions and you can request to speak to an attorney. Additionally, you are not required to submit to field sobriety testing or a handheld breath test. However, you should be aware that refusing to take a sobriety test can result in a 180-day suspension of your driver’s license, and the interlock requirement.
Be Respectful
Refusing to answer a police officer’s questions when stopped on suspicion of DUI does not mean being rude to the officer. Rudeness will not help your case, and can even result in needlessly escalating the situation surrounding your arrest, which can lead to additional charges. This is not the time to passionately argue your case. Keep your tone mild and remain respectful throughout the investigation, while only offering the information you are required to give.
Obtain an Attorney
Obtaining an attorney is one of the most important steps to take after you have been arrested on suspicion of a DUI, as it provides a pair of legal eyes that can help you ensure that your Constitutional rights are protected while also helping you to avoid the legal missteps that lead to convictions. Some of the services an attorney can provide in a DUI case include:
- Legally challenging the results of field sobriety, as well as bread, blood, or urine alcohol tests.
- Challenging the initial reason why the officer stopped you, as well as the actions the officer took during that stop.
- Protecting your Constitutional rights throughout the entire case.
- Negotiate a plea bargain that can reduce the charges you face or the penalties you incur as a result of the conviction in exchange for a guilty plea.
- Litigation services, including presenting your case in court.
- Guidance about all matters in your case, including the penalties that drivers commonly face when pleading guilty before a judge in New Orleans and other information that can help a client make decisions on the direction of their case.
Attend an Administrative Hearing about Your Driver’s License Suspension
While protecting your rights during the investigation of suspected DUI, your attorney will also be working on your driver’s license suspension, which will be in place as soon as you are arrested. You will have 15 days to attend an administrative hearing, in which the Louisiana Department of Motor Vehicles will have to prove that the suspension was lawful. Failing to attend this hearing can result in an automatic suspension of your driving privileges for at least 90 days.
In many cases, an attorney can help you apply for a hardship license. This is a temporary license that is granted — often with interlock provisions — so that the driver can continue to drive to work and attend to life responsibilities while awaiting trial for a DUI conviction, or after they have been convicted and are serving out their sentence.
Trust Your Attorney and Stay Out of Trouble
If your attorney is working on a plea bargain on your behalf or you have entered a plea agreement, ensure that you perform all of the tasks that are asked of you. This can include finding employment, attending alcohol education courses, enrolling in an alcohol treatment program or other provisions that show you are taking responsibility for the conviction. Additionally, stay out of trouble so that your legal worries are not compounded by additional charges.
Have you been arrested for DUI in New Orleans? Let an experienced criminal defense attorney from Stephenson, Chavarri & Dawson, L.L.C. help you find a path forward. For a free case evaluation, contact us online or by calling 504-523-6496.
