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GREG GOUNER
ATTORNEY AT LAW

DWI/DUI


CLICK TO GET HELP NOW!
Baton Rouge
225-293-6200
Toll Free
800-404-1921

WARNING: A blood alcohol level above 0.2 will result in a 2 year MANDATORY suspension unless you act promptly.
DWI/DUI
It can happen to nearly anyone.  On a Friday or Saturday night, you have had a few drinks and see the flashing lights of the patrol car.  This is often the first part of a very bad night that can include several hours or sometimes several days of time in jail.

There are several things that can happen along the way to a DWI, including a field test at the initial stop, the arrest, the breath or blood test, and the court proceedings. It’s important to know that if you’re up against a DWI charge, you should never handle it on your own. There are just too many variables along the way.
Baton Rouge
225-293-6200

Toll Free
800-404-1921
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Warrants in Louisiana
Warrants don't just go away by themselves. You need professional help to resolve the issue.
GOUNERBLOG
Fact-based insight and observations on the law surrounding DWI and other legal issues.
DWI Stops and Arrests 1
You’ve had a few drinks. You’re headed home and see the flashing lights of a patrol car. This is often the beginning of a very bad night…or days in jail.

DWI Stops and Arrests 2
Often the cop will stake out a bar or other location where he (or she) knows people will have consumed alcoholic beverages...

DWI Stops and Arrests 3
We talked about what to expect at the initial stop and what to do and not do there or at the police station. What is the most important thing to do now?



MORE BELOW
Click here for what to do today if you get a DWI
THE BASICS Louisiana has a DWI cutoff of .08 grams of alcohol per blood or breath sample (BAC).  This means that after typically three or more drinks (see chart) most people are driving above the limit.  Following the initial stop, the police officer will generally ask that you submit to several physical tests and answer a series of questions including where you were coming from and how much you had to drink.  Depending on the answers, he will likely take you to the police station and ask you to blow into a Breathalyzer machine.
 A BAC above 0.15 now requires mandatory jail time - even on a first offense. It is more important than ever to have a qualified, expert attorney on your side.
Offense Number
All DWIs may include the loss of your Driver’s license.
Penalties
All DWIs may include the loss of your Driver’s license.
Jail Time
All DWIs may include the loss of your Driver’s license.
1st DWI
A BAC above 0.15 now requires mandatory jail time - even on a first offense. It is more important than ever to have a qualified, expert attorney on your side.
32 hours Community Service, Driver Improvement Program, Substance Abuse Counseling, Possible Jail Time (depending on BAC) and up to six months in jail.
2nd DWI

JAIL TIME IS NOW REQUIRED
240 hours community service, Driver Improvement Program, Substance Abuse Counseling, Mandatory Jail Time, and up to six months in jail.
3rd DWI
$2000 fine
Vehicle seized and sold

JAIL TIME IS NOW REQUIRED
Ankle bracelet monitoring on probation
One to Five Years Jail.  (FELONY)
4th DWI
$5000 fine
Vehicle seized and sold

JAIL TIME IS NOW REQUIRED
Ankle bracelet monitoring on probation
Ten to 30 Years Jail.  (FELONY)

THE INITIAL STOP Most DWIs begin by the officer stopping your vehicle on a pretext or other minor violation in the hope that you have been drinking.  This normally happens at night after 8:30 P.M. when the officer knows that a significant number of motorists have had drinks.  Often the cop will stake out a bar or other location that he knows people will have consumed alcoholic beverages.

The officer stops the vehicle and then begins to ask the driver questions designed to elicit a confession that you have been drinking and feel impaired. The cop will then attempt to get the driver to take what he will claim are “standard” field sobriety tests.

THE INITIAL STOP:

Field Tests
As a general rule, you should refuse the field tests.  There is no established penalty for such a refusal but the officer will probably take you to the station for a blood or breath test for alcohol.  The main reason that you should refuse the field tests is that they are very subjective meaning that the officer is the sole judge of whether you passed or failed.  There will likely be no tape or other evidence showing how well or poor you performed the exams – only the word of the arresting officer.
THE INITIAL STOP:

BAC
Once at the station, you should refuse the breath or blood test unless you really believe that you will pass.  There is a suspension of your driver’s license for refusal but also a suspension (slightly shorter) if you fail the test.


If you score significantly above the limit on a 1st or 2nd offense DWI there is mandatory jail time.
Click here for answers to 10 most Frequently Asked Questions
AFTER THE ARREST: HIRE AN ATTORNEY.  Whether you hire this office or another, do not attempt to handle the case on your own.  The District Attorney (DA) prosecutes these cases daily.  You will hopefully only have one over your lifetime.  Should you go against the DA on your own you will be mismatched.  Both the cop and the prosecutor are experienced and familiar with the process: you are likely the only novice to the procedure.

An attorney can examine the basis for the stop and whether the police officer did his job right.  Depending on the circumstances, it is not uncommon to have the entire charge dismissed or won in court.  Even if you are convicted or have to plead guilty, an attorney may still be able to keep the charge off your record.

Sometimes hiring a lawyer can help you avoid the mandatory jail time or lessen the hours of community service. 

It is also especially necessary to hire a lawyer on higher grade DWIs to examine the previous convictions to see whether you should have been charged with a1st offense instead of a 2nd, 3rd, or 4th level DWI.
BLOOD
ALCOHOL
CONTENT
Blood Alcohol Content (BAC) as a function of Drinks
DRINKS PER TWO HOURS
One drink is 1 ounce of 100 proof liquor, 12 ounces of beer, or 4 ounces of table wine. Fatigue, food intake and other conditions may cause your blood alcohol level to be different.
your weight in pounds
100 120 140 160 180 200
1 .04 .03 .03 .02 .02 .02
2 .08 .06 .05 .05 .04 .04
3
.11 .09 .08 .07 .06 .06
4 .15 .12 .11 .09 .08 .08
5 .19 .16 .13 .13 .12 .09
6 .23 .19 .16 .15 .14 .11
7 .26 .22 .19 .17 .16 .13

Click here for answers to 10 most Frequently Asked Questions
CLICK TO GET HELP NOW!
Call to schedule a personal meeting or set up a phone appointment. Baton Rouge
225-293-6200
Toll Free
800-404-1921

Contact  |  Home   |  Warrants  |  DWI Defend Info  |  DWI Staff  |  What To Do If Stopped  |  Practice Areas

Warrants in Louisiana
Warrants don't just go away by themselves. You need professional help to resolve the issue.
GOUNERBLOG
Fact-based insight and observations on the law surrounding DWI and other legal issues.
DWI Stops and Arrests 1
You’ve had a few drinks. You’re headed home and see the flashing lights of a patrol car. This is often the beginning of a very bad night…or days in jail.

DWI Stops and Arrests 2
Often the cop will stake out a bar or other location where he (or she) knows people will have consumed alcoholic beverages...

DWI Stops and Arrests 3
We talked about what to expect at the initial stop and what to do and not do there or at the police station. What is the most important thing to do now?
Blood Alcohol Levels are .... Lowering?
Blood alcohol levels relating to DWI arrests may lower over the next few years...


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