DWI Lawyer in New Orleans


DWI Info Portal




Guide to DWI Charges in New Orleans, Louisiana


These are some basic considerations if you have received a charge for DWI in New Orleans. It is recommended you hire the best lawyer for your DWI charge as these charges can be more complicated given your specific situation.


1. You have the right to be represented by a lawyer for your DWI charge in New Orleans, Louisiana.

Even if you think your charge is minor or you just want to take the charge, you should hire a criminal defense attorney because we know how to get you the best result and we do this for a living. You have to look into the future and imagine that how your DWI case is handled today could greatly impact your future although, at this time, you may not know how.


2. Hiring an attorney for your DWI charge is easy.

You can avoid the stress and hassle of driving around town all day trying to meet with lawyers to see if one will take your DWI case. Just call our criminal lawyer, Carl Barkemeyer, and talk to him directly. He will tell you right away if he will take your case, how much his fee will be, and you can hire him over then phone or come in and visit. His fees are reasonable and he may work with you on a payment plan.


3. Speed is essential.

After you have been arrested for a DWI charge in New Orleans, usually the most important thing to you and your family is getting out of jail. However, it is very important that you get us on board sooner than later. If you hire our criminal defense attorneys early for your DWI charge, we may be able to get more options for your case. Depending of your case, we may advise you to seek treatment, counseling, or classes. We know which ones will work best for your DWI case. So, call early.


4. Your DWI case in court begins with arraignment.

The first court date you have is called arraignment. That is just the day the judge informs you of the charges against you. He will ask you how you plead to your DWI charge. Usually, we plead not guilty. That gives us the opportunity to obtain all the information on your case and negotiate with the prosecutor. If you need more time to hire your DWI lawyer in New Orleans, tell the judge at arraignment that you need more time.


5. You could have a series of court dates in New Orleans.

Criminal cases have a series of court dates that you and your attorney must attend. These are arraignment, motions, pretrial conference, status, trial, reviews, etc. There is a different purpose for each. Mostly, they exist to make sure the defense has all the information that the prosecution intends to use against the defendant as well as information that helps the defendant. Also, the dates allow a chance to work out the case.


6. You might not need to go to court.

Sometimes, our criminal lawyers can go to your court date for you. This benefits our clients when they can’t make it to court because they are out of town, working, or in school. It saves our clients time and money. Every case is different. In the case of felony charges in New Orleans, our clients are often required to be there. But, we can go for them early in the case sometimes.


7. You could be drug-tested at court.

If you were arrested, the judge likely ordered as a condition of your bond to remain drug-free. The judge could always drug-test you. When you come to court, always be prepared to pass a drug test, even if you are there on a misdemeanor summons.


8. Court on a DWI charge in New Orleans can last a few months.

At least a couple of months. Some cases could last much longer, depending on the agreement we’ve made with the prosecutor. Typically, criminal cases last six months to a year. Our criminal lawyers know how to speed up the case if that is in your best interest. However, in some cases, that is out of our hands.


9. DWI charges in New Orleans is a misdemeanor on first and second offense.

Third offense DWI is a felony. Felony charges can carry prison time. They can prevent you from legally possessing a firearm, voting, and make obtaining employment and housing difficult. Every case is different. In some situations, defendants are fortunate to stay out of jail if they have a New Orleans DWI charge. Probation is an option for the judge. The defendant’s criminal record, amount of drugs, etc. are determining factors for the judge in ordering a suspended sentence. Your DWI lawyer will be able to help you understand your chances of probation.


10. Your criminal record depends on the outcome.

If you have a clean record, you probably want to keep it that way. If you have a DWI charge in New Orleans, you have at least an arrest on your record right now. If you receive a summons for a charge, you’ll have the fact of the summons on your record. If you are convicted of a charge, that conviction will then hit your criminal record. The way to remove an arrest, summons, or conviction from a criminal record is to file a Motion for Expungement and it must go through successfully. Not every case is eligible for expungement. It all depends on the outcome of your case. Only knowledgeable criminal defense attorneys understand the impact on your criminal record of the DWI charge. We know how to try to protect your record early on. That is always an important focus for us.


DWI Charges in New Orleans

In the state of Louisiana, especially in the city of New Orleans, the offense of Driving while intoxicated is something that is expressly unwanted and frowned on. For this purpose, Louisiana and its parishes, like New Orleans are known to house stricter laws for the offense of driving while intoxicated. Unfortunately, though the DWI laws are made in a highly strict manner in order to deter people from carrying it out, it has hardly struck a chord. Hence, driving while intoxicated arrests increase on a daily basis. This also follows that there are a lot of people who currently face driving while intoxicated charges in New Orleans. For those people, the first and most important step to take will outrightly be to get a DWI New Orleans attorney. An example of a DWI attorney that will surely be of help is Carl Barkemeyer, criminal defense attorney. Other than getting an attorney, the next best thing is to ensure you're a tad bit enlightened on the scope of driving while intoxicated in New Orleans. To this, this article aims to highlight all the details you need to know about the offense of driving while intoxicated.


The Scope of Driving While Intoxicated in New Orleans

When it comes to the offense of driving while intoxicated, the first thing you need to know is that it is also called a DUI, which translates to driving under influence. Apart from the aforesaid fact, the definition of a DWI is the next factor to note. A DWI offense is defined as making use of a motor vehicle or driving a motor vehicle while intoxicated from or under the influence of alcohol or any other controlled dangerous substance drug. Hence, the act of driving while drunk or after ingesting any controlled dangerous substance is an act of driving while intoxicated. However, if we are looking at the full scope of a DWI offense, then the above definition is not accurately sufficient. This is because of the set New Orleans DWI laws. These laws create circumstances other than that of the above-given definition that also constitutes driving while intoxicated offense.

The circumstances stipulated by the DWI laws are; driving a motor vehicle while your Blood-alcohol content (BAC) is above the set standard of .08, and driving a motor vehicle while under the influence of non controlled substance drugs that can be acquired via a prescription or otherwise. Consequently, the above-given circumstances are what constitutes a DWI offense. However, while the majority of the aforesaid circumstances are pretty straightforward, I'm pretty sure most people will cringe while trying to understand the idea of the Blood-alcohol content (BAC) level.

For the purpose of proper understanding, the blood-alcohol content or concentration level is a representation of the per cent of your blood which is concentrated with alcohol. Basically, it shows how much you have been affected by alcohol. During a traffic stop, if the present police officer reasonably believes you're under the influence of alcohol or any such substance, he or she can rightly subject you to a test for determining your BAC level. Furthermore, the BAC is measured by a Breathalyzer and as earlier stated, if your BAC level is above .08, then you are an offender of a DWI offense. Furthermore, there are certain factors that can change the set level your BAC has to be. For example, if you are below the age of 21 and you are driving a motor vehicle in New Orleans, your highest BAC level should be .02. Any other figure above .02 and you're rightly committing a DWI offense.

Furthermore, an area you should take note of in New Orleans and the whole state of Louisiana when it comes to a DWI offense is the Breathalyzer test. By virtue of Louisiana DWI laws, every licensed driver of the state and its parishes are deemed to have given what is coined 'Implied Consent' to the Breathalyzer test. Hence, refusing the test is not really an available option, for if you do, you are likely to face heightened penalties. For this and all aspects relating to your DWI case, you should always seek out a DWI New Orleans attorney, to aid your cause efficiently.


Penalties of Driving While Intoxicated



When it comes to the penalties surrounding driving while intoxicated offense in New Orleans, the first thing you should understand is that they are extremely strict and they don't go away for a long time. Apart from this, the next factor to note is the circumstances that differentiate the penalties given for a DWI. To this, In New Orleans, the number of times you've committed a DWI matters a lot, especially in reference to your sentencing. This simply means that, if you are a first-time DWI defendant in New Orleans, you will face lesser punishments than a second or a third-time offender. The reason for this is, via New Orleans DWI laws, a first and a second driving while intoxicated offense is treated as a misdemeanor. However, a third DWI offense is treated as a felony in the New Orleans and the entire state of Louisiana. Also, apart from the aforesaid affecting factor, another factor that can affect the penalty you will face is your refusing a breathalyzer test of your BAC. it is important to point out that, without the help of a DWI New Orleans lawyer, defending yourself and trying to escape or reduce your penalties, will surely be an uphill battle. To this, it is highly advised to let your case be handled by an innovating DWI attorney like Carl Barkemeyer.

In conclusion, a proper look at all given above regarding an offense of driving while intoxicated will tell you that the state of Louisiana and the city of New Orleans are the absolute worst place to carry out such an offense. Furthermore, in order to build up a proper defense and to get the best result possible, you are advised to get a DWI New Orleans attorney.

"Great attorney - very detailed and knowledgeable.
I will recommend him to anyone and if needed I'd consult with him again.!"