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If you have been recently charged with Driving While Intoxicated in the State of Louisiana. I understand that you are probably very confused and concerned about what will happen next and what you need to do. A DUI/DWI actually consists of two separate offenses. The first involves your driving privileges (suspension of your drivers license), and is considered civil in nature. The second is actually the DUI/DWI, which is a misdemeanor or felony criminal offense, and could result in jail sentence of 0-30 years, fines and the loss of your vehicle, depending on the offense.
I am a member of the National College of DUI/DWI Defense Attorneys, a retired Louisiana State Trooper, and a National Highway Traffic Safety Administration Certified Instructor in the area Standardized Field Sobriety Testing which are techniques used in the DUI/DWI enforcement and apprehension. My partner, Carson Marcantel, has a similar background. He is also a member of the National College of DUI/DWI Defense Attorneys, a former prosecutor in the East Baton Rouge Parish Attorney's office and is also qualified in the administration of Standard Field Sobriety Tests pursuant to National Highway Administration Guidelines. We have a practice which is devoted to defending people like you who have been charged with DUI/DWI offenses and we would like to extend to you our expertise, and the services of our office, in preventing this matter from seriously affecting your driver's license, driving record, and insurance premiums. Perhaps the most important service we can provide to you would be to insure that your legal rights are properly protected, so you are not wrongfully convicted of a serious offense, for which you are not guilty.
DUI/DWI defense is a very technical and specialized practice and not every criminal defense attorney is current on the new laws and procedures involved in defending drunk driving cases. I was the first and only attorney to file suit against the Department of Public Safety in 1996, claiming the State had no legal right to suspend your driving privileges if you had submitted to the test. As a result of this lawsuit, the 1999 La. legislature was forced to pass legislation to correct a defect in the DUI/DWI laws which had been used for more than 16 years to improperly suspend thousands of drivers' licenses.(see the attached news article).
It is very important that you contact an attorney as soon as possible. You must act within 15 days of the date you received the DUI/DWI. If not, your license could be suspended for a minimum period of 90 days, or for as long as several years, and this could ultimately affect your employment and future career plans. Furthermore, your failure to act on this matter could be extremely detrimental to your case, since valuable information or evidence could be lost.
The court date you were given by the arresting officer, or that appears on your bond papers is for your arraignment and has nothing to do with the suspension of your driving privileges. More importantly, you will not automatically be eligible for a hardship license, nor will you be able to obtain one on your court date.
Therefore, it is imperative that you Request the Administrative Hearing and seek legal advice within 15 days of your arrest. This will automatically require the Office of Motor Vehicles to prove the suspension is valid at a hearing before your driving privileges can be taken. Also, at this hearing you will have the opportunity to take advantage of your constitutional right to due process of law.
LEGISLATIVE UPDATE
KNOW THE LAW AND YOUR RIGHTS!!!!!
The Louisiana Legislature recently made a few interesting changes to the D.W.I. law contained in LSA-R.S. 14:98. This statute governs the laws regarding DUI/DWI. This change specifically affects people who cooperate with law enforcement and submit to the breath test and their blood alcohol level is found to be above .15g%. If those individuals plead guilty, or they are convicted, they will be subjected to mandatory jail time. If the arrest is their first, they will be required to serve 48 hours in prison. However, if the DUI/DWI is their second offense, the mandatory jail time increases to 96 hours. This is information you should be aware of before you consider entering a guilty plea to a DUI/DWI.
YOUR RIGHTS
You have a right to refuse all balance, coordination and field sobriety test. These test are designed to provide the officer with evidence that he will eventually use against you in court. He decides how they are done and whether you pass or fail.
You have a 5th amendment right to remain silent and not answer any questions he may ask you. This includes the right to refuse to answer whether you have been drinking or not. If the officer is properly trained he will tell you that anything you say can and will be used against you in court.
You have a 6th amendment right to have an attorney present before answering any of the officers questions. I would invoke my right to counsel as soon as possible.
Remember you are only required to produce identification(your license or I.D.) you are not required to incriminate yourself by taking field test, or answering questions.
I will offer you a FREE CONSULTATION to discuss any questions you may have. Call my office to discuss this matter and/or schedule an appointment.
I hope that this legal advertisement is helpful, informative and does not offend you.
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Sincerely,
Glynn J. Delatte, Jr. |
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