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DUI Attorney in Baton Rouge
Louisiana ranks eighteenth in DUI arrests nationwide, highlighting the serious consequences of driving under the influence. Beyond legal penalties like jail time and fines, DUI incidents can lead to injuries or death. If facing DUI charges in Louisiana, it's crucial to enlist a skilled lawyer.
Rozas, in Baton Rouge, offers experienced DUI attorneys who can protect your rights and negotiate deals to minimize the impact on your life. Contact our criminal defense attorney for a consultation to get your life back on track.
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What is a DUI or DWI?
A DUI, which stands for "driving under the influence," and a DWI, meaning "driving while intoxicated," are terms that are often used interchangeably to describe the same offense.
According to Louisiana's DUI law (RS 14:98), it is illegal to operate any motor vehicle—be it a car, truck, boat, motorcycle, or any other type—while having a blood alcohol concentration (BAC) of more than 0.08%.
If you're found to exceed this limit, you could be charged with a DWI. This law underscores the state's commitment to road safety by penalizing those who drive under the influence of alcohol.
Can I Get a DUI For Driving High in Louisiana?
Driving under the influence in Louisiana isn't limited to just alcohol; you can also get a DUI for driving while high on marijuana or other controlled substances. Drug-related DUI cases are often more complex because there's no simple blood test, like with alcohol, to measure how intoxicated you are.
Instead, police officers look for signs of impairment, such as erratic driving, red or bloodshot eyes, slurred speech, and poor balance. Despite the complexity, the consequences of a marijuana DUI are severe and can include prison time, large fines, and the suspension of your driver's license.
Our criminal defense team can help you and your loved ones.
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The Impact of Drugs and Alcohol on Driving Performance
Drugs and alcohol significantly impair driving abilities by affecting both physical and mental functions essential for safe driving. This impairment leads to an increased risk of car accidents, potentially causing severe injuries or fatalities.
DWI charges and convictions aim to discourage impaired driving and lower the number of intoxicated drivers, thereby preventing dangerous situations on the road.
Impacts on driving performance include:
- Blurred vision
- Compromised balance and coordination
- Delayed reflexes
- Impaired judgment and decision-making abilities
- Overall sleepiness
Understanding DUI Penalties in Louisiana
Despite its vibrant nightlife, Louisiana strictly enforces DWI laws, with penalties becoming more severe for repeated offenses. The necessity of having a Baton Rouge DWI attorney becomes apparent as one navigates through the complexities of the legal system to achieve the best possible outcome.
From probation and jail time to fines and mandatory rehabilitation programs, the consequences of a DWI conviction can significantly impact one's life.
Penalties for DWI in Louisiana include:
- First Offense (Misdemeanor): Probation, 10 days to 6 months in jail, fines of $300 to $1,000, mandatory community service, and enrollment in substance abuse and driver improvement programs.
- Second Offense (Misdemeanor): Increased fines ($750 to $1,000), 30 days to 6 months in jail, 240 hours of community service, potential ignition interlock device installation.
- Third Offense (Felony): Fines of $2,000, one to five years of imprisonment, stricter probation and treatment requirements, possible vehicle seizure.
- Fourth and Subsequent Offenses: Fines up to $5,000, 10 to 30 years in prison (with at least two years without suspension), extensive probation, community service, home incarceration for at least one year, and mandatory substance abuse evaluation and treatment.
Exploring Potential Defenses in DUI Cases
Facing DWI charges can be daunting, especially considering the relentless efforts to combat drunk driving, even in states known for their festive atmosphere. Seeking assistance from a DWI lawyer is crucial in such circumstances.
Your lawyer may explore various defenses to challenge the charges, from scrutinizing the arrest procedure to disputing the accuracy of breathalyzer tests. With their experience they can navigate these defenses to potentially mitigate or dismiss your charges.
Potential defenses in DUI cases include:
- Inadequate Officer Training: Challenging the validity of the evidence due to the officer's lack of proper training in administering field sobriety or breathalyzer tests.
- No Reasonable Suspicion to Stop: Arguing that the officer had no legitimate reason to initiate the traffic stop that led to the DUI charge.
- You Were Not Driving: Contesting the charge on the basis that you were not operating the vehicle at the time of the arrest.
- Breathalyzer Problems: Questioning the accuracy of the breathalyzer test results due to equipment malfunction, improper handling, or external factors like medical conditions or certain substances that could affect the reading.
- The Rising BAC Defense: Arguing that your blood alcohol concentration was below the legal limit when you started driving but rose to above the legal limit by the time of the breathalyzer test, suggesting you were not impaired while driving.
Article 894 Plea
Those facing a DUI charge in Louisiana can potentially get their conviction dismissed and keep a clean record through an Article 894 plea, according to the state's Code of Criminal Procedure. This option is mainly for first-time offenders with no prior DUIs or criminal history.
It involves a temporary suspension of the DUI conviction, followed by probation. After successfully completing probation, usually lasting two years, the person can request to have the conviction dismissed, similar to an acquittal.
However, it's important to note that this opportunity for a clean slate is generally available just once every ten years, making it essential for those eligible to seek the guidance of a proficient DUI lawyer to navigate this process effectively.
Schedule a Virtual Consultation with an Attorney
Schedule NowDeciding the Right Time to Seek Legal Representation for a DUI Charge
Handling DUI cases on your own can be risky due to the complexity and serious consequences of DWI charges, especially if you have previous offenses. It's crucial to think about hiring a Baton Rouge DUI lawyer right away if this isn't your first DUI, if the incident caused injury or death, if you believe you're innocent, or if there's a chance to lessen your charges for reckless driving.
Professional drivers, like truckers, delivery workers, and bus drivers, near Gonzales or Central should seek legal advice quickly because their jobs could be at stake. Anyone who wants to make sure their rights are fully protected during the legal process should consider getting help from an experienced legal team right away. This team can aim to lower your charges or punishment and might even get your case dismissed.
Consult with a Baton Rouge DUI Attorney at Rozas Today
Facing a first-time DUI charge is serious, and having experienced DUI attorneys is crucial. Rozas offers strong defense and support.
With deep experienced in DUI cases and extensive experience in criminal law, our team strives for the best outcome. Contact our Baton Rouge defense law firm for a consultation.
Frequently Asked Questions
Technically no, you cannot get a convicted DUI expunged in Louisiana. However, there are specific situations where you can avoid having it on your record, but you have to meet particular criteria to be eligible. Get in touch with a professional DUI lawyer today and get a criminal defense consultation.
An Alien Registration Number (or A-number) is a unique number essential for tracking your immigration journey, from applying for residency to securing U.S. citizenship. Whether you’re filing a green card application, applying for a work permit, or petitioning for a visa, your A-number plays a crucial role in keeping your paperwork in order.
The cost of an immigration lawyer varies depending on factors such as the complexity of the case, the attorney's experience, and the services required. Read our FAQ to learn more.
No, Louisiana divorce laws allow couples to file for divorce just based on the fact that they are living separately and apart from one another.
The cost of an immigration lawyer varies depending on factors such as the complexity of the case, the attorney's experience, and the services required. Read our FAQ to learn more.
Absolutely, a lawyer can potentially accelerate your immigration case by adeptly navigating legal complexities and advocating on your behalf within the bounds of the law and available procedures.
DACA, or Deferred Action for Childhood Arrivals, is a program that offers a lifeline to undocumented individuals who came to the U.S. as kids. It helps protect them from deportation and allows them to work legally.
Applying for a K-1 Visa to the United States involves several steps, each requiring specific documentation. Please visit our page to see a detailed breakdown of the documents you will need to complete this process.
When you get a DUI, you could face jail time, fines, community service, license suspension, and more, depending on the number of previous offenses. If you are convicted of a DUI in Louisiana, it can stay on your record for the rest of your life. This can affect you negatively when applying for a job, applying for a loan, or purchasing a gun. Your insurance rates may go up.
Technically no, you cannot get a convicted DUI expunged in Louisiana. However, there are specific situations where you can avoid having it on your record, but you have to meet particular criteria to be eligible. Get in touch with a professional DUI lawyer today and get a criminal defense consultation.
The initial cost of a DUI can vary depending on the severity and the number of offenses you have accumulated. This is a general overview of what you could pay.
- First offense - $300 - $1,000
- Second Offense - $750 - $1,000
- Third Offense - $2,000
- Fourth Offense - $5,000
It is important to know that you will be spending more than just this specific fine. You will potentially have to pay for a breathalyzer interlock device in your vehicle, take court-approved substance abuse programs, and more.
You cannot get a DUI on a bike because the law applies to people operating a motor vehicle. The penalty for riding a bicycle drunk would be a ticket for public intoxication and possibly not following traffic laws.
In Louisiana, a no-fault divorce can take between 6 months and a little over a year, depending on child status. In fault-based divorces, the process will take at least 2 years. However, the residual effects of the divorce such as child custody agreements, property settlements, etc, will likely extend the process as a whole. If this is the case, hiring a divorce lawyer in Louisiana is highly recommended.
Yes. There are as many divorce laws as there are states. Even neighboring states can have completely different laws than each other. For example, divorce in Louisiana greatly differs from divorce in Texas or Mississippi. Before filing for divorce, it is recommended that you familiarize yourself with Louisiana divorce law and consider hiring an experienced divorce attorney.
Yes. Spouses must live completely apart from one another for 180 days when there are no children involved. If they have kids, the divorcing couple must be separated for 1 year. If the divorce is fault-based, the couple will have to spend 2 years living separately before the divorce will be finalized.
No, Louisiana divorce laws allow couples to file for divorce just based on the fact that they are living separately and apart from one another.
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