DWI

New Orleans DWI Attorney

A DWI arrest in New Orleans starts two cases at once: a criminal prosecution and an administrative action against your driver’s license. Each has its own rules and deadlines, and a missed deadline on the license side can cost you your driving privileges before a judge ever hears the criminal charge.

At The Bradley Law Firm, we defend people charged with driving while intoxicated across Orleans Parish. Our attorneys review the stop, the testing, and the paperwork in detail, because DWI cases often turn on small procedural facts.

Call 504-336-1717 to schedule a free consultation with our New Orleans DWI attorneys.

What Must Prosecutors Prove in a Louisiana DWI Case?

Under La. R.S. 14:98, the State must prove you operated a motor vehicle while impaired by alcohol or drugs, or while at or above a legal blood alcohol concentration (BAC) limit. Louisiana’s statute calls the offense “operating a vehicle while intoxicated,” but it is commonly called DWI.

The State can prove intoxication in more than one way, and each way carries different evidence:

  • Per se BAC limit. A BAC of 0.08% or higher is the per se limit for drivers age 21 and older under Louisiana’s DWI statute. Drivers under 21 may be charged under the state’s underage operating while impaired law at a BAC of 0.02% or higher. Commercial drivers are subject to additional restrictions, including commercial driving disqualification for certain alcohol-related violations at a BAC of 0.04% or higher while operating a commercial motor vehicle.
  • Behavioral impairment. Even with a lower or missing chemical result, prosecutors can rely on driving behavior, officer observations, and field sobriety tests to argue impairment.
  • Drugs. Prescription medication, marijuana, and other controlled substances can support a charge if they impaired your driving.
  • “Operating.” The State must show you were actually operating the vehicle. Cases involving a parked car or a person asleep behind the wheel often turn on this element.

Two Cases, Two Deadlines: Your License and Your Charge

After a DWI arrest in Louisiana, you generally have 30 days from the date of arrest to request an administrative hearing to challenge the suspension of your driver’s license. This process is separate from the criminal court case and is handled through the appropriate state administrative process. The applicable deadline and procedure depend on the circumstances of the arrest and the notice you receive.

Louisiana’s implied consent law, La. R.S. 32:661, treats driving as consent to chemical testing. Failing a test and refusing a test lead to different suspension periods, and a refusal generally carries the longer one.

Missing the applicable deadline can limit your ability to challenge the administrative suspension, and the suspension may proceed without a hearing. Whether you can drive in the meantime, and whether a restricted license or ignition interlock is available, depends on the circumstances of the arrest and your driving record. Acting promptly can help preserve your options.

How Louisiana Penalties Escalate With Each DWI Offense

Louisiana punishes DWI on an escalating scale: a first or second offense is a misdemeanor, while a third or fourth offense is a felony. The exact fines, jail terms, and conditions depend on the offense number and on aggravating facts.

  • First offense. Exposure includes fines, possible jail time, license consequences, and often court-ordered conditions such as a substance abuse evaluation, driver improvement course, and community service.
  • Second offense. Penalties increase, and a longer license suspension may apply. Ignition interlock requirements depend on the offense, the applicable statutory provisions, and the circumstances of the case.
  • Third and fourth offenses. These are felonies prosecuted in Orleans Criminal District Court, with potential prison time and heavier conditions.
  • Prior offenses. Louisiana generally applies a ten-year lookback period when determining whether prior DWI convictions count toward an enhanced offense, subject to statutory exclusions and rules for calculating the period. Reviewing the dates and legal status of prior convictions can be important when determining the appropriate charge and potential penalties.
  • Aggravating facts. A high BAC, a minor in the vehicle, or an accident involving injury can raise the penalties or lead to added charges.

Because a prior conviction changes the charge level, confirming whether the State can actually prove each prior is a key early step.

Common Defenses to a New Orleans DWI Charge

DWI defenses usually attack the legality of the traffic stop, the reliability of the field sobriety and chemical tests, or the State’s ability to prove each element. Each case depends on its facts and on the available evidence, such as body camera footage and test records.

Challenging the Stop and the Arrest

An officer needs reasonable suspicion to stop your vehicle and probable cause to arrest you. If the stop lacked a legitimate basis, a court may suppress the evidence that followed, which can weaken or end the case.

Questioning the Testing

Several points can be examined:

  • Field sobriety tests. Tests like the walk-and-turn and one-leg stand can be affected by fatigue, footwear, weather, road surface, injuries, and balance conditions unrelated to alcohol. A defense attorney can examine whether the tests were administered and interpreted appropriately and whether the results reliably support the allegation of impairment.
  • Breath testing. Breath-testing instruments must meet applicable requirements, and operators must follow the procedures governing the particular test. A defense attorney can review the testing records, instrument maintenance, operator qualifications, and compliance with applicable observation and testing protocols.
  • Blood testing. Chain of custody, storage, and lab methods can all be reviewed for errors.
  • Rising BAC. Your BAC at the time of driving may differ from the BAC at the time of testing.

What Happens After a DWI Arrest in Orleans Parish?

After an arrest, a DWI case moves through booking and release, arraignment, evidence review, motions, and then trial or a negotiated resolution. Most of the work that shapes the outcome happens before trial.

  1. Booking and release. You are processed, and release may require bond or conditions set by the court.
  2. Arraignment. You hear the formal charge and enter a plea.
  3. Discovery. Your defense reviews police reports, video, test records, and calibration documents.
  4. Motions. Challenges to the stop, the arrest, or the test results can be filed before trial.
  5. Resolution. The case ends in dismissal, a negotiated outcome, or a trial.

Our attorneys handle this process with close attention to the paperwork, because gaps in the State’s records are often where a DWI defense begins.

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

DWI Questions We Hear in New Orleans

Is a first-offense DWI a felony in Louisiana?

No. A first-offense DWI is a misdemeanor, though it still carries potential jail time, fines, and license consequences. A third or subsequent DWI offense is generally treated as a felony under Louisiana law. An incident involving serious injury may also lead to separate criminal charges, depending on the facts and applicable statutes.

Should I refuse the breath test?

Refusing a chemical test does not automatically end a DWI case. Under Louisiana’s implied consent law, refusal can lead to administrative license consequences and may carry different penalties from those associated with submitting to a test. Officers may also seek a warrant for a blood sample when legally justified. The consequences depend on the circumstances, so speak with a lawyer about your case as soon as possible.

Talk With a New Orleans DWI Attorney Today

Your driver’s license and your record are both at stake, and the 30-day license deadline is already running. The Bradley Law Firm reviews every stop, test, and record in your case and explains your options in plain terms.

Call 504-336-1717 today to schedule a free consultation with our New Orleans DWI attorneys.