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Lafayette DWI Lawyers

1. Marx, Paul: For those who can afford to pay an attorney, the choice can be critical. Does the lawyer have experience in investigation and criminal law? Will the lawyer be honest with you about the elements of your case and the issues you face? Getting the right answers requires that you have a lawyer who is 1) capable of taking your case through trial; 2) knowledgeable regarding the criminal law; and 3) experienced enough to fully advise you of the choices to be made. You should be careful about false promises: you need frank, expert advice, and you should not pick a lawyer because you hear what you would like to hear. Consider that a criminal case is a serious and challenging matter, and you don't want to spend you money just to hear a story: you want the truth and consequences side of things. A lawyer who will fight for you but not treat you as a fool. You should know, it is unlawful for any attorney to guarantee a particular result. If somebody gives you a guarantee, particularly in a criminal case, you may not only be facing a criminal charge, but you may be a victim of a crime!
2. Sallinger, Barry: DWI Arrests In Louisiana, an arrest for driving under the influence of drugs or alcohol ("DWI") is defined by law as an "OWI" for operating while intoxicated. The expanded definition under our law extends to the physical control of motor vehicles, watercraft and other means of conveyance. For your purposes, the terms DWI and OWI are synonymous. If you have been arrested for the offense, you should seek competent legal advice immediately due to the potentially serious and far reaching implications of the arrest. Assuming that you will simply be able to plead guilty and seek the mercy of the court can be dangerous; in many courts even first offenders face jail. IF YOU HAVE BEEN ARRESTED FOR OWI/DWI YOU ONLY HAVE FIFTEEN (15) DAYS FROM THE DATE OF ARREST TO REQUEST A HEARING FROM THE DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS. IF A HEARING IS NOT REQUESTED WITHIN THE FIFTEEN (15) DAYS YOUR LICENSE WILL BE SUSPENDED!!
3. Montgomery, Marshall: Family Law Criminal Divorce Drug Crimes - Possession & Distribution Custody Assault & Battery Support Domestic Abuse & Battery Relocations DWI-OWI-DUI Community Property Breaking & Entering Pre-Nuptial Agreements Resisting Arrest Name Changes Internet Crimes Weapons Offenses Personal Injury Robbery & Theft Automobile Accidents Unauthorized Use of Access Cards Motorcycle Accidents White Collar Crimes Offshore Injuries Bank Fraud Premise Liability Embezzlement Product Liability Wrongful Death Business Boating or ATV Accidents & Injuries Incorporations 18 Wheeler Accidents Limited Liability Companies Employment Issues Hiring & Firing / Pay Disputes Contract Litigation Real Estate Transactions
4. Jones, Roshell: Felonies Misdemeanors DWI Divorce Child custody Child support Alimony Wills Successions Personal injury
5. Frazier, Nathan: Frequently Asked Questions about Drunk Driving Q: What is "blood-alcohol concentration" or "blood-alcohol level"? A: Blood-alcohol concentration (BAC) is the level of alcohol in the bloodstream from drinking alcoholic beverages. BAC readings are used in court as evidence in drunk-driving cases. The most common method of measure is a breath test, although blood and/or urine testing is sometimes done. A result of .08 or higher may establish a presumption of intoxication. The details of the .08 BAC presumption laws vary among the states, but all 50 states have adopted .08 as their official intoxication level, in large part because of a federal threat of otherwise withholding highway funds. Q: What signs trigger a police officer's suspicion that someone has been driving intoxicated? A: An officer will look for things such as: Turning With a Wide Radius Straddling Center of Lane Marker. "Appearing to be Drunk" Almost Striking Object or Vehicle Weaving Driving on Other Than Designated Highway Swerving Speed More Than 10 mph Below Limit Stopping Without Cause in Traffic Lane Following Too Closely Drifting Tires on Center or Lane Marker Braking Erratically Driving into Opposing or Crossing Traffic Signalling Inconsistent with Driving Actions Slow Response to Traffic Signals Stopping Inappropriately (Other Than in Lane) Turning Abruptly or Illegally Accelerating or Decelerating Rapidly Headlights Off Q: If I'm stopped by a police officer and he asks me if I've been drinking, what should I say? A: You can assert your 5th amendment privilege against self-incrimination. A polite "I would like to speak with an attorney before I answer any questions" is a good reply. On the other hand, saying that you had one or two beers is not incriminating: it is not sufficient to cause intoxication -- and it may explain the odor of alcohol on the breath. Q: What if the Officer asks me to take a field sobriety test? Unlike a chemical or breath test, you are not legally required to take any field sobriety test. You have the right to politely refuse. Q: Do I have a right to an attorney when I'm stopped by an officer and asked to take a field sobriety test? A: Although you can reuse to talk, you are still required to take a blood or breath test (this is called the "implied consent law"). Afterwards, you can speak to an attorney. Q: What happens if I refuse to take a chemical test? A: It is a crime to refuse to take a chemical test of intoxication. The first refusal will get you 180 days with eligibility for hardship license after first 90 days. The second incurs a 545 days suspension without eligibility for hardship license. You must weighing the likelihood of an incriminating blood-alcohol result against the consequences of refusing. Q: Are breath-test results always accurate? A: No. The police must follow strict procedures for testing and maintaining the machine as well as periodic certification. However, it is not enough to allege that such machines periodically fail. You must allege and prove, which particularity, why YOUR result was off in THIS PARTICULAR case. Q: Can "mouth alcohol" cause a false positive for DWI? "Mouth alcohol" refers to the existence of any alcohol in the mouth or esophagus. If this is present during a breath test, then the results will be falsely high. This is because the breath machine assumes that the breath is from the lungs; for complex physiological reasons, its internal computer multiplies the amount of alcohol by 2100. Thus, even a tiny amount of alcohol breathed directly into the machine from the mouth or throat rather than from the lungs can have a significant impact. Mouth alcohol can be caused in many ways. Belching, burping, hiccupping or vomiting within 20 minutes before taking the test can bring vapor from alcoholic beverages still in the stomach up into the mouth and throat. Taking a breath freshener can send a machine's reading way up (such products as Binaca and Listerine have alcohol in them); cough syrups and other products also contain alcohol. Dental bridges and dental caps can trap alcohol. Blood in the mouth from an injury is yet another source of inaccurate breath test results: breathed into the mouthpiece, any alcohol in the blood will be multiplied 2100 times. A chronic "reflux" condition from gastric distress or a hiatal hernia can cause elevated BAC readings. Q: Why was my license taken after the breath test result? Unfortunately, the law in Louisiana provides for immediate suspension and confiscation of the license if the breath test result is above the legal limit (or, in the case of a blood or urine test, if the officer reasonably believes the result will be above the limit) or the individual refuses to take a chemical test. Q: What crimes will I be charged with? In Louisiana, the traditional offense is "driving while intoxicated" (DWI), or "driving under the influence of alcohol" (DUI). In recent years, however, Louisiana and states have also enacted a second, so-called "per se" offense: driving with an excessive blood-alcohol concentration (either .08% or .10%). Q: What is the punishment for a DWI? For a DWI First Offense, the fine ranges from $300 to $1,000 (plus court costs and other fees), and the jail time can be 10 days to 6 months (all can be suspended.) You will also receive 32 community service hours. A substance abuse evaluation and driver improvement school is required. In the event that your BAC is over .15, you will receive a minimum of 48 hours in jail and a license suspension of 90 days. For a DWI Second Offense, the fine ranges from $750 to $1,000 (plus court costs and other fees), and the fail time can be 30 days to 6 months (all but 48 hours can be suspended). Your community service time will be 240 hours and you will be required to attend a substance abuse evaluation and driver improvement school. In the event that your BAC is over .15, the minimum mandatory jail time is 96 hours, and your Driver's License will be suspended for 1 year. Q: What if I lose my license but continue to drive? A: You will suffer significant penalties, including fines, imprisonment, forfeiture of his or her vehicle or extension of the license revocation/suspension. The more prudent course of action is to rely on friends and family for rides or use public transportation during a license revocation or suspension. Q: How can I get automobile insurance after a drunk-driving conviction? A: Yes, although your current insurer can drop you. Either way, you will generally pay MUCH more, as you will be considered a "high-risk" driver. A subsequent clean-driving record may result in lower rates in the future. This is one of the biggest reasons to fight a DWI charge, as you will end up paying THOUSANDS of dollars more in insurance. Q: How can I get to work if I cannot drive? A: We can petition for a "hardship license" for you. This would allow you to travel to and from work. However, if you are caught driving outside of its strict limitations, further penalties may be imposed. If you are denied a hardship license, you should use public transportation or rides from friends, family or co-workers for transportation to and from work during periods of license suspension or revocation. Q: Can I represent myself, why do I need a lawyer? A: Because fighting a DWI charge requires understanding complicated procedural, evidentiary, constitutional, sentencing and administrative license issues. Even if you did unsafely drink and drive, experienced legal counsel can help minimize your legal problems and maximize your opportunities to move ahead toward a brighter future. A criminal defense attorney helps to equalize the balance of power between the defendant and the prosecution and works to preserve the constitutional rights that are guaranteed to all criminal defendants.
6. Middleton, Charles: OWI/DWI/DUI Defense Drug-related Arrests Internet/Web-based Crimes Probation/Parole Revocations Criminal Expungements Personal Injury Cases Contract Disputes Business Disputes Insurance Issues Landlord-Tenant Problems Oil & Gas Litigation Intellectual Property Rights Entertainment Law and other areas of need
7. Neumann, Eric: Drunk Driving Drunk Driving in Lafayette If you have been arrested for drunk driving, you need a qualified and experienced attorney in your corner to make sure your rights are protected. Even more than that, you need someone with a thorough knowledge of the complexities of DUI law in Lafayette, LA to fight for you.
8. Williams, Jerimiah: * Did the officer have a right to stop your vehicle? * Did the officer properly conduct the field sobriety test? * Did the officer properly calibrate the breathalyzer machine? * Did the officer have probably cause to make an arrest?
9. Cleveland, Donald: If you are arrested for drunk driving, you are facing the criminal penalties as well as the administrative license revocation procedures of the Department of Motor Vehicles (DMV). The Criminal Defense The penalties for drunk driving increase with the number of offenses: * First Offense: whether you took the intoxilyzer and the result of the test or refused the Intoxilyzer you could lose your license for up to two (2) years and be sentenced up to six (6) months in jail. * Second Offense: mandatory 48 hours and up to six months in jail, a $1,000 fine and depending on when the prior license suspension transpired and whether you took the Intoxilyzer or refused the test your license could be suspended for up to four (4) years. * Subsequent Offenses: felony offense with a possible thirty year prison sentence.
10. Villemarette, Chris: * Drug offenses: Marijuana possession, cocaine possession, meth possession, possession with intent to distribute, cultivation or manufacture * Domestic violence * DWI/DUI: Representation in administrative hearings as well as in criminal processes * Violent crimes: Murder/homicide, assault, armed robbery * Identity theft * Traffic offenses * Juvenile offenses
11. Stocksill, Kevin: DWI (Driving While Intoxicated) If you have been charged with DWI in Louisiana, chances are you submitted to a field sobriety test or breath test. Tests however, are prone to error and it may be possible to have charges of DWI dismissed by: * highlighting the limitations of the field sobriety test (it is subjective and can yield inaccurate results) * highlighting the limitations of a blood or urine test (a positive test result could be due to improper testing procedures or external factors) * demonstrating law enforcement officials failed to have sufficient cause for the initial stop In recent years, Louisiana state officials have sought to make DWI laws stricter. Depending on your BAC (Blood Alcohol Content) level at the time and whether the charge is a first or subsequent offense, your license could be suspended for several years. A conviction would not just be a temporary inconvenience but would also have long term consequences. It would stay on your DMV record for 10 years in Louisiana and would likely send your insurance rates skyrocketing for nearly as long.
12. Thomas Guilbeau: When asked what traits make a good criminal defense lawyer, Tommy Guilbeau responds, "First, he must be a good investigator to get the facts of the caseÐhe must listen well. Second, he must be a constitutional law expert with regard to the filing and arguing of motions prior to trial. Third and finally, he must be adept and skillful in the courtroomÐ with the ability to think on his feet". "But most of all, he or she has to love doing battle for the little guy against often superior forces. This means standing up for the accused in such a way that the person is treated fairly and given full constitutional rights under the law." Guilbeau stresses, "Just as you would want all of this to happen for a family member or loved one if he or she were suddenly accused of a crime."
13. Marcus Allen: First codified in England in the early 1600's, the "writ of habeas corpus" has existed as a legal concept for centuries. "Habeas corpus," a Latin term, literally means "you have the body" or "produce the body." Traditionally, a writ of habeas corpus enabled an inmate to seek an order from the king to compel his release on the ground that the incarcerating court lacked jurisdiction. In the United States, the concept was expanded to include release from any kind of illegal detention. Furthermore, the U.S. Constitution, and many state constitutions, theoretically guarantee habeas corpus as a right and as a procedure. The main focus of this article is the use of the writ of habeas corpus in federal courts by inmates convicted of, and imprisoned for, state crimes.