Baton Rouge DUI Lawyer

When Should I Hire a Lawyer for a DUI Charge?

On occasion, DUI cases are handled without legal representation. However, because DWI cases can be severe – especially with previous convictions – you should definitely hire a Baton Rouge DUI lawyer. Our legal team is skilled and experienced enough to potentially get your charges or sentencing reduced and, possibly, even have your case dismissed.

You should consider hiring a DUI attorney when:

• This is not your first DUI arrest.
• Someone is injured or killed as a result of your DUI.
• You believe that you are not guilty.
• You think you can reduce your charges from DUI to reckless driving.
• You’re a commercial driver, truck driver, delivery person, bus driver, or another type of professional driver.
• You want your legal rights protected through any and all criminal proceedings.

Possible DUI Defenses

Law enforcement agencies throughout Louisiana are working hard to eradicate intoxicated and impaired drivers. The penalties for having a few drinks before driving are quite steep, even in a “party state” like Louisiana. While facing DWI charges, it is highly recommended to contact the DWI lawyers at The Law Offices of Ossie Brown for legal assistance.

After a DWI arrest, you can plead guilty in exchange for less harsh penalties or even try to defend yourself against the charges. In some cases, a Baton Rouge DUI lawyer at our law office can help get the charges against you dropped, while in other situations, your case may go through the court system where a district attorney proves your guilt beyond a reasonable doubt and issues your penalties.

Listed below are a few defenses that our attorneys could use in your DUI case.

• Inadequate Officer Training: If law enforcement personnel were not properly trained in field sobriety tests or the use of a breath test, then you can contest that the evidence they collected is not strong enough to prove your guilt.
• No Reasonable Suspicion to Stop: If a police officer had no reasonable suspicion to pull you over, you could potentially get your DUI charges dropped.
• You Were Not Driving: Operating the vehicle is an essential element of a drunk driving conviction. For example, let’s say you and a friend are heading home from a night at the bar. The friend – who is more intoxicated than you – insists on driving, and you both are pulled over. The police officer arrests both of you for drunk driving, even if you weren’t the one behind the wheel. In situations like this, an experienced DWI attorney at our law office could potentially get your charges dropped.
• Breathalyzer Problems: Breath tests are not always accurate. Many things can impact a breathalyzer test including medical conditions or even the use of certain types of medications or mouthwash. You can question breathalyzer evidence with the help of our DWI lawyers.
• The Rising BAC Defense: Your blood alcohol concentration (BAC) will continue to rise even after you have stopped drinking. Let’s say you began driving before your BAC reached or exceeded the legal limit. You felt comfortable enough to get behind the wheel because you didn’t feel tipsy or drunk. By the time you got pulled over and submitted to a breathalyzer test – maybe 30 to 45 minutes later – your BAC exceeded the legal limit, and you definitely felt somewhat intoxicated. In situations like this, a DUI attorney could argue that you were not intoxicated before you started driving. Therefore, you didn’t pose a threat to public safety.

Can You Expunge a DUI Charge From Your Record in Louisiana?

When a conviction is expunged, that means it is removed from your criminal record. According to Louisiana law, a DUI arrest cannot be expunged for a minimum of 5 years. Successfully expunging a DUI conviction from your record depends on whether it was a misdemeanor or a felony.

In order to successfully expunge a misdemeanor DWI charge from your record, you must wait at least 5 years since you have completed your sentence, parole, or probation. It’s very difficult to expunge any type of felony conviction from your record in Louisiana. You may be able to successfully expunge a felony DWI charge from your record only if the judge dismissed the charge OR you have waited at least 10 years since you have completed your sentence, parole, or probation. You also can’t be facing any other criminal charges.

Article 894 Plea

It is possible to have a DUI conviction dismissed and to keep your record intact. To pursue this course of action, the state of Louisiana requires that your DUI lawyer motions for the conviction to be dismissed and set aside under the Louisiana Code of Criminal Procedure, Article 894. The Article 894 plea is typically only available to those with a clean driving record and a clean criminal record before the DUI arrest. This provision can allow you to get the conviction temporarily suspended. Following the suspension, you will be placed on probation, which will be determined by the judge in criminal court. After two years, a petition can be filed to have the DUI conviction officially dismissed and treated as an acquittal. This plea is generally only available to an individual every 10 years.