DWI

Metairie DWI Attorney

A DWI arrest in Metairie sets off two separate proceedings at once: a criminal case in Jefferson Parish and an administrative process that can suspend your driver’s license, often before you ever see a courtroom. Each runs on its own deadlines and rules.

At The Bradley Law Firm, our Metairie DWI lawyers review the stop, the testing, and the paperwork behind your charge to find where the State’s case is weak. Call 504-336-1717 to schedule a free consultation with our Metairie DWI attorneys.

What Does the State Have to Prove in a Louisiana DWI Case?

Under La. R.S. 14:98, prosecutors must prove you operated a vehicle while intoxicated, either with a blood alcohol concentration (BAC) of 0.08 or higher or while impaired by alcohol or drugs.

Although people often use “DWI” and “DUI” interchangeably, Louisiana’s principal statute describes the offense as operating a vehicle while impaired. Prosecutors can pursue the charge in more than one way:

  • Per se BAC: A chemical test result of 0.08 or higher can support a charge on its own. For drivers operating commercial motor vehicles, the federal BAC threshold for an alcohol-related commercial driving violation is generally 0.04%. Louisiana’s underage alcohol-related driving provisions generally apply a 0.02% BAC threshold to drivers under 21. Separate impairment-based charges may also apply.
  • Behavioral impairment: Even with a lower or missing test result, the State can argue that alcohol, prescription medication, or drugs impaired your driving. It relies on the officer’s observations, video, and field sobriety tests.
  • “Operating” a vehicle: Louisiana courts have found operation even when a person was not driving at the moment of the stop. Whether you were actually operating the vehicle is often a real point of dispute.

The License Fight You Can Lose Without Ever Going to Court

After a DWI arrest in Louisiana, your driver’s license may face a separate administrative suspension. Depending on the circumstances, you may have only 30 days from the date of arrest to request an administrative hearing, so it is important to confirm the applicable deadline promptly.

Your driver’s license is handled by the Office of Motor Vehicles, not the criminal court. Failing a chemical test or refusing one under Louisiana’s implied consent law may trigger an administrative license suspension separate from the criminal case. The duration and status of the suspension can depend on the circumstances, applicable law, and, in certain cases, the final criminal case disposition.

  • Refusal: Refusing a chemical test can result in a license suspension and may have consequences in the criminal case. Depending on the circumstances and applicable law, prosecutors may be able to introduce evidence of the refusal. Officers may also seek a warrant to obtain a blood sample when legally authorized.
  • Missed deadline: If you do not request the administrative hearing in time, the suspension may take effect.
  • Hardship options: Depending on your history, restricted driving privileges, sometimes with an ignition interlock device, may be available for work and necessary travel.

Penalties Climb Sharply With Each Offense

A first DWI in Louisiana is a misdemeanor, but a third offense is a felony charge, and penalties escalate with every prior conviction.

Sentencing depends on prior DWI convictions, BAC level, and the facts of the arrest. In general:

  • First offense: Fines, possible jail time, a probation period, and court-ordered substance abuse evaluation and treatment. A court may also require a driver improvement course or other conditions, depending on the applicable sentencing requirements.
  • Second offense: Higher fines, mandatory minimum jail time, and longer license suspensions.
  • Third and fourth offenses: A third or subsequent DWI conviction can result in felony penalties, including imprisonment. The applicable sentencing range depends on the offense level, prior qualifying convictions, and any applicable statutory enhancements.
  • Collateral costs: Insurance increases, an ignition interlock requirement, and employment consequences, particularly for commercial drivers.

Where DWI Cases Break Down: Stops, Tests, and Evidence

Potential DWI defenses may challenge how police stopped you, how they tested you, or how the results were handled.

Because the State must prove its case beyond a reasonable doubt, each step of the investigation can be examined.

The Traffic Stop

A police officer needs reasonable suspicion of a traffic violation or other criminal activity to stop you. If the stop was unjustified, the evidence that followed may be suppressed, which can end the case.

Field Sobriety Tests

The three tests commonly recognized as standardized field sobriety tests are the horizontal gaze nystagmus (eye) test, the walk-and-turn, and the one-leg stand. Officers may also use other observations or tests, and the reliability of any test depends on the circumstances and how it was administered. Weather, footwear, injuries, age, weight, and nerves can all affect performance, and officers must administer the tests according to training standards.

Breath and Blood Testing

Breath-test evidence may be challenged based on the instrument’s approval, maintenance and calibration records, the operator’s qualifications, compliance with applicable testing procedures, and whether the required observation and testing protocols were followed. Blood samples raise chain-of-custody and handling questions. Medical conditions and certain foods or products can also affect results.

When a Car Accident, Injury, or Child Passenger Raises the Stakes

A DWI involving a car accident, injury, or a child in the vehicle can bring added charges and enhanced penalties beyond a standard DWI.

Prosecutors often file additional counts when an accident is involved. Property damage may result in additional traffic or criminal charges, depending on the circumstances, and may lead to restitution obligations where legally authorized. Injuries may lead to charges such as vehicular negligent injuring or first-degree vehicular negligent injuring when the statutory elements are met. A death may lead to a vehicular homicide charge. The potential charges and penalties depend on the facts and the applicable statutes.

Louisiana law provides enhanced sentencing consequences when a child 12 years of age or younger was a passenger in the vehicle during a DWI offense. These consequences may include restrictions on suspending mandatory portions of a sentence. The applicable provisions depend on the offense and the circumstances.

Accident cases also tend to generate more evidence, including crash reports, dash or body camera video, hospital records, and witness statements. Each source needs close review, since the timeline between the crash and the chemical test can affect how reliable the results are.

How a DWI Case Moves Through Jefferson Parish Courts

Metairie DWI cases arising on the East Bank of Jefferson Parish are generally handled by First Parish Court for misdemeanor matters and traffic offenses within its jurisdiction. Felony DWI cases are handled in the 24th Judicial District Court in Gretna.

A typical case follows these stages:

  1. Arrest and booking: The arresting agency processes the arrest, and the driver may receive paperwork concerning driving privileges and any applicable administrative suspension. Deadlines for requesting an administrative hearing depend on the circumstances, so prompt legal advice is important.
  2. Arraignment: You enter a plea, and the court sets bond conditions.
  3. Discovery and motions: The defense obtains video, reports, and testing records, then challenges the stop or evidence.
  4. Resolution: The case may end in dismissal, a negotiated plea, or a trial.

DWI cases arising in Orleans Parish may follow different court procedures. Learn more on our New Orleans DWI attorney page.

Common Questions About DWI Charges in Metairie

Can I be charged with DWI if my BAC was under 0.08?

Yes. Prosecutors can still pursue an impairment-based charge using driving behavior, officer observations, and other evidence.

Should I refuse the breath test?

Refusal can trigger a license suspension and does not prevent a DWI charge, since officers can seek a warrant for blood when legally authorized. The decision has consequences either way, so speak with a lawyer as soon as you can.

Will I go to jail for a first DWI?

A first offense carries potential jail time, though outcomes vary with BAC, any accident, and the court. Probation and treatment conditions are common.

Can a DWI be expunged in Louisiana?

Eligibility depends on the charge, the outcome of the case, the applicable waiting periods, and Louisiana’s expungement requirements. A dismissed charge may qualify for expungement, while a DWI conviction is subject to specific statutory restrictions. An attorney can review the case history to determine whether expungement is available. Our Metairie expungement attorney page explains the process.

How soon should I call a lawyer after a DWI arrest?

Right away. The applicable license hearing deadline and the need to preserve video and testing records make early action important.

Talk With a Metairie DWI Lawyer Today

A DWI charge in Metairie puts your license, your record, and your job at risk, and the deadlines start on the day of arrest. Our Metairie DWI attorneys can review your arrest, explain your legal rights, and build a defense around the facts of your case.

Call The Bradley Law Firm at 504-336-1717 to schedule your free consultation, or visit our law office at 143 Metairie Heights Avenue, Metairie, LA 70001.