A DWI or DUI charge can be devastating. In Louisiana, it is a serious criminal offense that can cause stress in your personal life and put your future at risk. You could be facing jail time, fines, community service, license suspension, and more.
With your future at stake, it’s more important than ever to choose a top criminal defense attorney with a history of successfully handling DWI/DUI cases. The Johnson Firm Lake Charles DUI & DWI attorneys specialize in representing clients who are facing DWI or DUI charges, helping reduce penalties and get the best results possible.
With over 20 years of combined experience, you can be confident that your case is in the right hands. Call (337) 337-4231 today and let us protect your future.
Why Choose The Johnson Firm for Your DUI Case?
The Johnson Firm is here to help you reduce or beat your charges. We diligently study your case and help you exercise all of the rights you are entitled to. Our goal is to minimize penalties, dismiss charges, and/or reduce the charges imposed on you. We question your charges, gather evidence and relevant facts in your defense, and find potential flaws in your charges.
The Johnson Firm navigates the DWI/DUI legal process for you, helping you understand your options and map out your next steps the entire way. With our history of success in DWI/DUI cases in Louisiana, you can be confident in your future.
Louisiana DUI Laws and Penalties
In Louisiana, driving while impaired is a criminal offense that can result from alcohol, drugs, or a combination of the two. A driver may also be charged if their blood alcohol concentration (BAC) is 0.08% or higher. The penalties become more serious with subsequent offenses and can include fines, jail or prison time, probation, substance abuse treatment, driver’s license suspension, and ignition interlock requirements.
For a first offense, Louisiana law provides for a fine of $300 to $1,000 and 10 days to six months in jail, along with other requirements such as substance abuse programming and community service or jail time. A second offense carries increased penalties, including a $750 to $1,000 fine and 30 days to six months in jail. Third and fourth offenses can result in substantially longer periods of incarceration and higher fines.
The circumstances surrounding the alleged offense can also affect the consequences. For example, Louisiana law provides enhanced penalties for certain BAC levels, and license suspension and ignition interlock requirements may apply. Because the specific penalties depend on factors such as prior convictions, BAC, and the circumstances of the arrest, anyone facing a DUI charge should have an experienced Lake Charles DUI lawyer review their case.
What Happens After a DUI Arrest in Louisiana?
A DUI arrest can leave you unsure of what happens next. In Louisiana, the consequences can begin immediately after an arrest and may involve both the criminal case and separate driver’s license proceedings. Depending on the circumstances, you may face chemical testing, a license suspension, court appearances, and other restrictions while your case is pending.
After an arrest, law enforcement may request a chemical test to determine whether alcohol or drugs are present. Louisiana’s implied consent law generally means that drivers have consented to chemical testing under certain circumstances, and refusing a test can result in driver’s license consequences.
If your license is seized following a DUI arrest, you may receive a temporary receipt allowing you to drive for a limited period. You generally have 30 days from the date of arrest to request an administrative hearing regarding certain license-suspension issues, making it important to address your driver’s license promptly rather than waiting for the criminal case to conclude.
Your criminal case is a separate matter. The prosecution may rely on evidence such as the officer’s observations, field sobriety testing, chemical test results, statements, and the circumstances of the traffic stop and arrest. An experienced Lake Charles DUI lawyer can examine how that evidence was obtained and determine whether there are grounds to challenge it.
What Rights Do You Have During a DUI Stop?
Being stopped on suspicion of impaired driving does not mean you have to give up your constitutional rights. You have the right to remain silent and, when applicable, the right to an attorney. You should provide the information legally required of you, such as your driver’s license and other requested identification, but you generally do not need to volunteer explanations about where you have been, what you have consumed, or why an officer believes you are impaired.
You should remain calm and avoid arguing with the officer or physically resisting. If you are asked to perform field sobriety exercises or submit to chemical testing, the consequences of refusing or complying can depend on the circumstances and the type of test involved. Louisiana law specifically provides for license consequences following certain chemical-test refusals and positive results.
If you are arrested, clearly ask to speak with a lawyer before discussing the circumstances of your case in detail. The sooner an attorney can review the stop, arrest, testing procedures, and available evidence, the sooner potential defenses can be identified.
DUI Charges We Handle
The Johnson Firm represents clients facing a wide range of DUI and DWI charges in Lake Charles and throughout Louisiana. Depending on your circumstances and prior record, the consequences can vary significantly.
- First-offense DWI: A first DWI charge can still result in fines, jail time, license suspension, and other court-ordered requirements, even if you have no prior convictions.
- Repeat DWI offenses: A second or subsequent DWI can carry substantially harsher penalties than a first offense, including increased fines and longer periods of incarceration.
- Felony DWI: Certain repeat DWI offenses and DWI cases involving serious circumstances may be prosecuted as felonies, potentially resulting in significant prison time and other lasting consequences.
- Underage DWI: Drivers under 21 can face DWI consequences for alcohol-related driving even when their BAC is below the standard adult legal limit.
- High-BAC DWI: A particularly high BAC can lead to enhanced consequences and may affect the penalties imposed following a conviction.
- Drug-related DWI: Louisiana law prohibits operating a vehicle while impaired by drugs, including certain prescription medications and controlled substances.
- DWI test refusal: Refusing a chemical test after a DWI arrest can trigger separate driver’s license consequences under Louisiana’s implied consent laws.
- DWI involving an accident: A DWI charge may become more complicated when the alleged impaired driving is connected to a crash or property damage.
- DWI causing injury or death: When an alleged impaired driver causes serious injury or death, the case can involve significantly more serious criminal charges and penalties.
- DWI probation violations: Violating the terms of probation following a DWI conviction can lead to additional court penalties and other consequences.
How We Defend Lake Charles DUI Charges
A DUI charge is not a foregone conclusion. The prosecution must prove its case, and the evidence against you may have weaknesses that can be challenged. The Johnson Firm carefully examines the circumstances of your arrest to identify potential defenses and protect your rights.
- Challenging the traffic stop: Police generally need a lawful basis to stop your vehicle. If the stop was not legally justified, evidence gathered afterward may be subject to challenge.
- Examining field sobriety tests: Field sobriety exercises can be affected by factors unrelated to impairment, including medical conditions, uneven surfaces, weather, footwear, and the way the tests were administered.
- Questioning chemical test results: Breath, blood, and other chemical tests must be properly administered and handled. We examine testing procedures, equipment, maintenance records, and other factors that could affect the reliability of the results.
- Investigating police conduct: We review the officer’s observations, reports, body-camera footage, statements, and other evidence to determine whether proper procedures were followed.
- Challenging statements and evidence: Statements you made during a traffic stop or arrest may be examined to determine whether they were lawfully obtained and accurately reported.
- Identifying procedural errors: Mistakes involving the arrest, chemical testing, evidence handling, or required procedures can potentially affect the prosecution’s case.
- Pursuing reduced charges or dismissal: Depending on the evidence and circumstances, we may seek dismissal of the charges, suppression of improperly obtained evidence, or a reduction to a less serious offense.
- Preparing for trial: If your case cannot be resolved favorably through negotiations, The Johnson Firm can prepare your defense for trial and fight to protect your rights in court.
Facing a DUI Charge in Lake Charles? Get Defense on Your Side
A DUI arrest can affect your license, finances, freedom, and future, but an arrest does not automatically mean a conviction. The Johnson Firm will examine the circumstances of your arrest, challenge weaknesses in the prosecution’s case, and work toward the best possible outcome for your situation. Contact The Johnson Firm today to discuss your Lake Charles DUI case and learn how we can help protect your rights.
Frequently Asked Questions About DUI Charges in Lake Charles
What happens if I get a DUI while serving in the military?
A DUI can have consequences beyond the Louisiana criminal case if you are an active-duty service member. Depending on where the alleged offense occurred and your military status, you may face separate administrative or disciplinary action, including loss of driving privileges on a military installation, adverse personnel actions, or proceedings under the Uniform Code of Military Justice (UCMJ). A civilian DUI conviction is not necessarily the end of the matter for a service member, so it is important to address both the civilian case and any potential military consequences.
Can I talk to a lawyer before providing a breath or urine sample?
You can ask to speak with a lawyer, but you should not assume that you can delay or refuse a chemical test while waiting for an attorney. Louisiana’s implied-consent law generally requires drivers arrested for suspected impaired driving to submit to chemical testing under certain circumstances, and refusing a test can result in driver’s license consequences. If you are asked to provide a breath or urine sample, tell the officer that you want to speak with an attorney and follow the specific legal advice you receive as soon as possible.
Can I be charged with DWI if my BAC is below 0.08%?
Yes. A BAC of 0.08% or higher creates a legal presumption of impairment for purposes of Louisiana’s DWI law, but prosecutors can rely on other evidence of impairment as well. A BAC below 0.08% does not automatically prevent a DWI charge if other evidence supports the allegation that you were impaired.
Can prescription medication lead to a DWI charge?
Yes. Louisiana’s DWI laws apply to impairment caused by drugs as well as alcohol. This means you can potentially face a DWI charge if a prescription medication allegedly impaired your ability to operate a vehicle, even if you took the medication as prescribed.
Will a DUI affect my ability to travel outside the United States?
A DUI can potentially create complications when traveling internationally, depending on the destination country’s entry requirements and your individual circumstances. If you have upcoming international travel, discuss the situation with an attorney and check the current entry requirements for the country you plan to visit.
Can a DUI affect my professional license?
A DUI conviction may affect certain professional licenses or employment opportunities, particularly for occupations that require driving or involve licensing by a state regulatory agency. The specific consequences depend on your profession, the licensing authority, and the circumstances of your case.
What if I was not actually driving when police found me?
A person does not necessarily have to be observed driving at the exact moment of contact to face a DWI charge. Louisiana law addresses both operating and having actual physical control of a motor vehicle. Whether the evidence establishes that you were operating or in actual physical control of the vehicle will depend on the circumstances.
Can a DWI affect my car insurance?
A DWI conviction or license-related consequence can affect your auto insurance rates and coverage. Insurance companies may consider driving records when determining premiums and eligibility, so a DWI can have financial consequences beyond the fines and court costs imposed by the criminal case.
Do I have to take a blood test if police ask?
Louisiana’s implied-consent law applies to chemical testing of blood, breath, urine, and other bodily substances under specified circumstances. Whether a particular test can be required, whether a warrant is necessary, and what consequences may follow from refusing can depend on the circumstances of the arrest.
Can I get my own chemical test after a DUI arrest?
Yes. Louisiana law provides a person who submits to a law-enforcement-directed chemical test with the opportunity to request an additional chemical test performed by a qualified person of their choosing, at the person’s expense.
