Orleans Parish DWI Lawyer

Orleans Parish DWI Attorney

After a DWI arrest, people can feel stressed about the legal process and unsure of where to turn. In Orleans Parish, knowing the law can help ease concerns. Prosecutors move fast, but a strong defense from an Orleans Parish DWI lawyer can challenge their case. Only one mistake by law enforcement could change the outcome.

Serving Gretna and Beyond to Defend Against DWI Charges

With nearly three decades of experience in Louisiana courts, The Law Office of Ryan N. Cox brings serious legal knowledge to DWI defense. Our clients have trusted us to fight for them, and many have seen their charges reduced or even dismissed. As an experienced criminal defensye and personal injury attorney in Gretna, Louisiana, Ryan Cox understands the legal experience from both sides due to his experience as a prosecutor.

What Is a DWI in Orleans Parish?

Under Louisiana Revised Statute 14:98, a person commits a DWI by operating a vehicle while impaired by alcohol, drugs, or a combination of substances. Impairment means diminished physical or mental faculties, even if the BAC is below the legal threshold. A BAC of 0.08% or higher results in a violation.

Even if a driver’s BAC is below the legal limit, a charge for DWI can still occur if their mental or physical faculties are impaired. Additionally, prescription medications and over-the-counter drugs can lead to a DWI if they affect a driver’s ability to operate a vehicle safely.

Common Defenses Against DWI Charges

There are different defense strategies that apply better to different types of cases. Some of the most common types of defenses include:

• Challenging the traffic stop. Police must have reasonable suspicion to initiate a stop. If the stop was unlawful, evidence collected afterward may be inadmissible in court. If police lacked reasonable suspicion, the stop may be considered unlawful, and evidence could be suppressed.
• Questioning chemical test accuracy. Breathalyzers must be properly calibrated, and blood tests must follow strict procedures. Errors can lead to unreliable BAC readings.
• Disrupting field sobriety tests. Poor lighting, medical conditions, and uneven surfaces can affect the performance of a field test. Officers may also improperly administer these tests, which can make them entirely inaccurate.
• Raising medical explanations. Conditions like diabetes, acid reflux, or neurological disorders can mimic intoxication symptoms. This could invalidate observations and make the evidence collected invalid.
• Examining officer conduct. If a law enforcement officer failed to follow proper protocol or violated constitutional rights, the charges may be challenged, and even potentially dismissed.

An attorney can review the details of your case to determine whether or not it fits into one of these existing defenses or requires an alternative course of action.

What to Do After a DWI Arrest

After an arrest, exercise the right to remain silent and request an attorney. Avoid discussing the case with the police or anyone else. If a chemical test was taken, request the results and review them with a lawyer. Request an administrative hearing to challenge the license suspension.
In Orleans Parish, most DWI charges are reviewed in the New Orleans Traffic Court. In the event that felony charges are received, this is likely to go to the Orleans Parish Criminal District Court instead.

Gather any potential evidence, including witness statements and medical records, that could explain the observed impairment. Consider enrolling in a court-approved substance abuse program to demonstrate responsibility in court. A lawyer can analyze all aspects of the case and determine the next course of action.

Why Do I Need an Attorney?

An attorney reviews the case for procedural errors, including improper traffic stops and incorrect chemical test administration. They analyze police reports and challenge inaccuracies in breathalyzer or blood test results. In Orleans Parish courts, an attorney can negotiate for reduced charges, such as reckless driving, to minimize the consequences.

In trial settings, attorneys can cross-examine arresting officers and present alternative explanations for observed behavior. Attorneys also assist in securing hardship licenses and organizing administrative hearings to restore the accused’s driving privileges. Their role is to advocate for a positive outcome and mitigate the long-term effects of a DWI charge.

FAQs About DWI Defense Law in Orleans Parish,LA

How Do You Beat a DWI in Louisiana?

To beat a DWI in Louisiana, strategies depend on the specific facts of the case. Some defenses focus on challenging the accuracy of chemical tests, while others question the legality of the traffic stop. If the police did not have a valid reason to pull the driver over, any evidence gathered can be thrown out. Breathalyzer results can also be unreliable if the device was not properly calibrated or if the test was administered incorrectly.

What to Do After Getting a DWI in Louisiana?

After getting a DWI in Louisiana, you should take immediate action to protect your rights. After release from custody, request an administrative hearing to challenge the automatic suspension of your driver’s license. Ignoring this deadline means losing driving privileges for months or even years. Contracting a lawyer as soon as possible allows for a better defense strategy.

How Does Louisiana Define Intoxication for DWI Charges?

Louisiana defines intoxication for DWI charges under Revised Statute 14:98. A driver is legally intoxicated if their physical or mental faculties are impaired due to alcohol or drugs or if their blood alcohol concentration (BAC) is at or above the legal limit. For drivers of legal age, the BAC is higher than for drivers under the legal age. The law applies to alcohol, controlled dangerous substances, and even legally obtained prescriptions or over-the-counter medications.

Can I Get a Hardship License After a DWI Arrest in Orleans Parish?

You can get a hardship license after a DWI arrest, depending on the circumstances of your case. This allows for limited driving privileges to work or other necessary travel. Eligibility depends on the severity of the charge and the driver’s history. A hardship license may also be available after a set waiting period if the driver installs an ignition interlock device (IID). Courts in Orleans Parish may require additional documentation.

Help Is Available

DWI cases require a defense that challenges every piece of evidence. An arrest isn’t a conviction, and weak spots in the prosecution’s case can lead to reduced charges or dismissals. Every case is different, and legal options depend on the details. Don’t let a DWI charge go unchallenged by scheduling a consultation with The Law Office of Ryan N. Cox.