Defending you when you face drunk driving charges
A DUI conviction can adversely affect almost every aspect of your life and can have serious and lasting consequences. Your freedom and your financial well-being are at stake. Your job opportunities and relationships may be strained. Both first-time offenders and repeat offenders face mandatory fines and penalties. Additionally, there are a host of related offenses that may also be implicated if you are charged with a DUI. You need experienced counsel to put you in the best position possible.
If you’ve been arrested for a DUI, the Forrest, Cressy & James attorneys can advocate for your rights and help you fight for a favorable result. Our former public defender is skilled at skilled at challenging the prosecution’s evidence and building a strong defense against the most difficult drunk driving charges. We protect your rights with vigor and experience. Call today (504) 605-0777.
Lousiana’s Driving While Intoxicated Statute and Penalties
Under the Louisiana revised statute 14:98, you may be considered to be driving under the influence if you are driving with a blood alcohol concentration (BAC) of 0.08 percent or more or if you are impaired due to ingesting illegal or prescription substances.
However, even if you have a BAC that is under 0.08, you may still be considered to be under the influence if you are driving is negatively affected by drugs or alcohol.
Louisiana law prescribes mandatory penalties for DUI. Depending on the unique factors of your case, these penalties can include thousands of dollars in fines and/or jail time.
|Offense||Jail Term||Fine||Community Service +||
Driver License/Interlock Device
|First DUI (Misdemeanor)||48 hours to six months||$300 to $1,000||30 – 62 hours + probation||90 Day Suspension|
|Second DUI (Misdemeanor)||48 hours to six months||$750 to $1000||30 days + probation||One-Year Revocation/ Interlock Device if BAC under .02%|
|Third DUI (Felony)||1 to five years||$2000 +||30 days + treatment||One-Year Revocation/ Interlock Device if BAC under .02%|
|Fourth DUI (Felony)||10 to thirty years||$5000 +||40 days + home incarceration||Thirty-Year Revocation|
OUR STRATEGY: Get In The Way
Defending Your Case Begins with Challenging the Stop— The Fourth Amendment of the United States Constitution and Article I, Section 5 of the Louisiana Constitution prohibit unreasonable searches and seizures. Warrantless searches and seizures are unreasonable per se unless justified by one of the specific exceptions to the warrant requirement. Understanding the nuances of these exceptions, how they impact your Rights, and how to apply them to your case is critical. The attorneys at Forrest, Cressy & James, LLC understand that defending a criminal starts with defending the Constitution itself.
Challenging the Evidence— Law enforcement uses tools such as a breath test and roadside sobriety tests to establish probable cause to arrest you for drunk driving and to collect valuable evidence against you. To develop a strong defense, attorneys challenge:
The accuracy and relevancy of the breath machine results
The administration and interpretation of field sobriety tests
Subjective observations made by law enforcement officers
Probable cause for your traffic stop, including unlawful sobriety checkpoints
Consult with our attorneys for powerful DUI defenses
For more information about defending your DUI charge, call Forrest, Cressy & James, LLC at (504) 605-0777 or contact our firm online to schedule an appointment. Because arrests do not always conveniently occur during regular business hours, our criminal defense attorneys work to return after-hours calls as soon as possible.