DWI Lawyer in Baton Rouge: Steps to Take After an Arrest
DWI Lawyer in Baton Rouge: Steps to Take After an Arrest
DWI Lawyer in Baton Rouge
Being arrested for DWI in Baton Rouge can be a disorienting experience. Many people feel scared, uncertain about what to do next, and worried about their future. A DWI charge can affect employment, insurance rates, and personal relationships. However, understanding the right steps to take after an arrest can empower you to protect your rights and minimize the consequences. Working with an experienced DWI lawyer in Baton Rouge can help you navigate the legal process confidently and improve your chances of a better outcome.
Note: In Louisiana, the offense is legally called Operating a Vehicle While Intoxicated (OWI) under Louisiana law, but many people still refer to it as DWI.
David E. Stanley, APLC, is a criminal defense law firm in Baton Rouge that represents individuals charged with DWI in Louisiana. Attorney David E. Stanley understands how stressful an arrest can be and provides clear guidance, practical advice, and focused legal representation. He works closely with clients at each stage of the case, explaining options and helping them make informed decisions. With decades of experience in Louisiana courts, David E. Stanley, APLC, offers steady support to people navigating DWI charges.
What Happens After a DWI Arrest?
After a DWI arrest, police typically take the person into custody. The officer may ask questions or request that the person perform field sobriety tests. It is important to stay calm and polite during this time. This demeanor can prevent the situation from escalating and protect your rights. However, it is also important to remember that you have the right to remain silent about the incident. Saying too much can make the situation worse. The next step is usually transportation to the police station. There, the person may be asked to take a breath or blood test. Refusing these chemical tests can trigger an automatic driver’s license suspension under Louisiana’s implied consent law, unless you successfully challenge the suspension through the administrative hearing process. After the tests, the person may be released on bond or held until a court date is set. The legal process begins as soon as the arrest happens.
Steps to Take Right After a DWI Arrest
Taking the right steps after a DWI arrest can help protect your rights and reduce the impact of the charge. Here are some important actions to consider:
- Stay calm and polite with law enforcement.
- Exercise your right to remain silent about the incident, and avoid answering questions about drinking or where you were. You still must provide basic information and requested documents, such as your name, driver’s license, registration, and proof of insurance.
- Understand that standardized field sobriety tests are generally voluntary in Louisiana, and you can politely refuse them. However, your performance—or refusal—can still be used as evidence, so a DWI lawyer in Baton Rouge can later explain how your decision about these tests may affect your case.
- Request to speak with a DWI lawyer in Baton Rouge as soon as possible.
- Document all details of the arrest, like time, location, and officer interactions.
What to Expect in the Criminal Case
Working with a DWI lawyer in Baton Rouge means you’ll walk through the criminal process with more clarity. Here’s how the process often goes:
Arraignment
This is the first court appearance where you learn the formal charges. The judge may set bail or conditions of release. It is also when you’ll usually enter a plea—often “not guilty” at this stage—and begin building your case with your lawyer. Understanding this process can help you prepare for what to expect during the initial court appearance.
Discovery Process
Your lawyer will review what the prosecutor has: arrest reports, test results, officer testimony, and any video or audio recordings. This review helps identify the strengths and weaknesses of the case.
Pre-Trial Motions
Your lawyer may file motions — for example, asking to suppress evidence if there was an improper stop or if the breath test was inaccurate. These steps can shape how the case proceeds.
Negotiation or Trial
Sometimes cases go to trial. Other times, a negotiated agreement may be sought. Having a DWI lawyer in Baton Rouge helps you understand all your available options.
Sentencing or Resolution
If a plea is entered or you’re found guilty at trial, the judge will impose penalties. Depending on how serious the charge is, penalties can include jail time, fines, or license suspension.
Common Mistakes to Avoid
When facing a DWI arrest, many people make avoidable errors. Here are some to watch out for:
- Not speaking to a lawyer soon enough.
- Talking too freely to police or prosecutors without representation.
- Delaying or skipping the administrative license hearing, which usually must be requested within a short deadline (often around 30 days after your arrest), to contest an automatic suspension.
- Posting about the arrest publicly or on social media.
- Accepting a plea without fully understanding how it affects your record and driving status.
Frequently Asked Questions
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Can a DWI Be Dismissed in Louisiana?
Yes, a DWI can be dismissed in Louisiana under certain circumstances. Dismissal may occur if there is insufficient evidence, procedural mistakes, or violations of constitutional rights. Charges may be withdrawn, for example, if the arresting officer lacked reasonable suspicion for the stop or probable cause for the arrest, or if the breath test was performed improperly. To find flaws in the prosecution’s case and fight for a dismissal, you need a knowledgeable DWI attorney in Baton Rouge.
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How Do You Beat a DWI in Louisiana?
Beating a DWI in Louisiana often involves challenging the legality of the traffic stop, the accuracy of chemical tests, or the conduct of law enforcement officers. Your DWI lawyer in Baton Rouge may question field sobriety tests, the calibration of breathalyzers, or the handling of evidence. Presenting inconsistencies in the prosecution’s case can create reasonable doubt, which may lead to a reduced charge, dismissal, or acquittal in court.
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How Long Does a DWI Stay on Your Record in Louisiana?
Louisiana uses a ten-year “cleansing period” for DWI offenses. In many cases, prior DWI convictions more than ten years old no longer count to enhance the penalties for a new DWI charge, though the way this period is calculated can depend on factors like probation or incarceration. A DWI conviction can stay on your criminal record and driving record for many years, and in many situations, it may only be removed through an expungement if you qualify. A DWI lawyer in Baton Rouge can explain how the cleansing period, your record, and expungement options apply to your situation.
DWI Lawyer in Baton Rouge, LA
Facing a DWI charge in Baton Rouge is a serious matter, but you do not have to go through it alone. With the right legal guidance, you can understand your options and take steps to protect your rights and reduce the impact of the charge. Attorney David E. Stanley is a DWI lawyer in Baton Rouge, LA, committed to representing clients with professionalism and compassion. Our firm provides focused legal representation, guiding clients through each stage of the process with clarity and care. With years of experience handling DWI cases, David E. Stanley, APLC, works to protect your rights and your future. If you are facing a DWI charge, call us today to schedule a consultation and discuss your next steps.
David E. Stanley, APLC
1055 Laurel Street, Suite 2 Baton Rouge, LA 70802
225-926-0200
Disclaimer: This article provides general information and does not serve as legal advice. For legal concerns, consult a licensed attorney. Viewing or interacting with this content does not create an attorney-client relationship. This includes submitting a form, leaving a comment, sending a message, making a call, or leaving a voicemail. Laws may vary by jurisdiction. Laws are subject to change; always verify current legal requirements with a qualified professional. Remember that each case is different, the results of each case will vary, and that all videos posted on this website are not legal advice.
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Engagement Notice:
An attorney–client relationship with David E. Stanley, APLC, begins only upon a written agreement and retainer payment, confirmed in a signed engagement letter. Do not send confidential information until such an agreement is executed.
Jurisdictional Statement:
David E. Stanley, APLC, practices law exclusively within the State of Louisiana. Representation in other jurisdictions may involve association with local counsel.
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