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Arrested for DUI/DWI: DOs and DON’Ts

Posted on by Townsend Myers

NOLA Criminal Law Square Logo LightGetting arrested for a DUI/DWI can be a big deal, and can have serious consequences for your future. Here is an overview of what you should and should not do in the event you are arrested and charged with a DUI/DWI in the State of Louisiana.

What to Do During a DUI/DWI Arrest

If you find yourself being arrested for a DUI/DWI, be courteous to police officers and comply with all (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 speak to anyone about details or facts of the case, unless your attorney says otherwise.

Regarding the various sobriety tests, there is no perfect advice. Generally, you should refuse to take a field sobriety test. These tests are highly subjective and could hurt your case. The roadside breath test is more difficult. In most cases, a breath result over the legal limit will  hurt your case more than the refusal to take the test will, so it is generally advisable to refuse the test unless you have not been drinking AT ALL. However, in Orleans Parish, a reading slightly above the legal limit may not be fatal to your case. There are pre-trial diversion programs available for first offenders with low blows, and so in some instances a low blow (even one over the limit) may be better than a refusal.

What to Do After a DUI/DWI Arrest

If you have been arrested for a DUI/DWI, you should talk to a lawyer immediately. Do not attempt to represent yourself on a DUI/DWI, especially if this isn’t your first offense. DUI/DWI charges carry heavy consequences: in the state of Louisiana your third DUI/DWI is 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.

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. 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.

If you have recently been arrested for a DUI/DWI, and you want to talk to a lawyer about any of this information, you can call me immediately at (504) 571-9529, text me at (504) 237-5245, or email me using the “Contact Us” form to the right of this page. I promise your request will be answered immediately.



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