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Arrested for DUI/DWI: DOs and DON’Ts

An overview of what you should and should not do in the event you are arrested and charged with Driving While Intoxicated in the State of Louisiana. Share this information with your friends and loved ones who live in or may be traveling to New Orleans.

You Should:

  • Contact an experienced criminal defense attorney immediately. Keep in mind that for DUI/DWI there are certain filing deadlines that you have to meet to protect your rights.
  • Be courteous to police officers and comply with (reasonable) commands.
  • Notice if anyone is around during your arrest or processing. They could be considered a witness in your favor.
  • Exercise your right to remain silent. You should only answer questions regarding basic information, like your name and address. Do not answer any other questions

You Should NOT:

  • Attempt to represent yourself, especially if this isn’t your first offense. DWI charges carry heavy consequences: in the state of Louisiana your third DUI is considered a felony. There are ways an experienced criminal defense attorney can reduce your sentence or negotiate a lesser charge. Give yourself the advantage of professional legal representation.
  • Speak to anyone about details or facts of the case. Only do so if your attorney says otherwise.
  • Take a field sobriety test. These tests are highly subjective and could hurt your case.
  • Take the roadside breath test. In most cases, this will hurt your case. (Note: If you HAVE NOT been drinking AT ALL, it may benefit you to go ahead and take the test, but only if you have had NOTHING to drink).

*Note: If you are arrested and charged with Driving While Intoxicated in the state of Louisiana, you only have 15 days to request a hearing from the Department of Public Safety and Corrections or your license will be suspended. Though you can request this hearing yourself, most attorneys can do it for you in connection with their representation on the DUI/DWI.