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Louisiana DUI / DWI Questions & Answers
1 Answer | Asked in DUI / DWI for Louisiana on
Q: If someone got a dui and had their license taken from them about 20 years ago, would they be able to get it back?
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Feb 13, 2020

Yes if they completed the terms of their probation.

1 Answer | Asked in Criminal Law and DUI / DWI for Louisiana on
Q: Blew .000, refused blood test as meds i took 16 hrs prior stay in blood 24hrs. Fighting DWI charges now.

My 1 yr refusal suspension was up Nov.5, 2019 but the DMV is requiring an interlock device and proof of sr22 to reinstate license. I am fighting the charges and have not been convicted. How can they make me pay for interlock when i don't drink and took the breathalyzer?? I took my prescribed... Read more »

Mark Ryan Thiessen
Mark Ryan Thiessen answered on Jan 6, 2020

I understand it's frustrating, but while you are on bond, you are subject to the conditions of the Court and Judge. So while you are out enjoying your freedom, the Judge can require you to have a blow machine. If alcohol is not the issue then maybe your lawyer can get the Interlock removed and... Read more »

3 Answers | Asked in Criminal Law and DUI / DWI for Louisiana on
Q: Is it legal for the police to charge me with 2 DUI charges at one time in the same day?
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 3, 2020

It depends on the circumstances. It's hard to understand why you were not arrested after the first one.

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1 Answer | Asked in DUI / DWI for Louisiana on
Q: If the breath machine malfunctioned on first sample, Am i required to submit a second sample? i refused but he threaten

I refused 3 times , he told me i was going to stay in jail the rest of the night if i didn't blow the second time. i refused because The machine malfunctioned the first time and i told him i believed it to be faulty .

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Dec 2, 2019

You may very well have a good defense. Hire a criminal attorney.

1 Answer | Asked in DUI / DWI for Louisiana on
Q: Dwi 10 yr cleansing period explained in detail.

Does each DWI 10yr period seperate? Meaning the ten yr cleansing would it start when the offense is complete? Probation parole jail whatever the sentence was? Does one DWI roll over into the second once it's complete?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Nov 6, 2019

10 years starts when probation is over from the 1st.

1 Answer | Asked in Criminal Law and DUI / DWI for Louisiana on
Q: I was arrested on my first dui while on probation should I tell my officer or should I wait to see if they find it
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Oct 19, 2019

You already asked this question. Read the answer.

1 Answer | Asked in DUI / DWI for Louisiana on
Q: I was convicted DWI for I was ordered to pay a fine of $5,000 or by default what does default mean
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Oct 1, 2019

I don't think you are getting this correct. Call your public defender or the private attorney that represented you.

1 Answer | Asked in DUI / DWI for Louisiana on
Q: Need an idea on what to expect at my court date tomorrow for my first DWI please. I am very nervous.

I was arrested in Monroe, LA for DWI. It’s my first DWI and my BAC was .246

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Sep 4, 2019

You should ask for a Continuance and hire a criminal attorney

2 Answers | Asked in DUI / DWI for Louisiana on
Q: I need to get an interlock put on my car in order to get license back. I do not have insurance nor a car. I do not know

what order to get things done in. Been going circles. Can you please advise.

William Jaksa
William Jaksa answered on Sep 3, 2019

Louisiana has a hardship requirement that allows you to get back your drivers licence for hardship and activities necessary for life. There is an exception in there that considers position such as yours - BUT there are strict conditions depending on the type of licence you have and the reasons for... Read more »

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1 Answer | Asked in DUI / DWI for Louisiana on
Q: In Louisiana does the officer have to take 2 breath samples when taken to station for brethalizer test

I only got to blow once and I blew .06 does the cop have to have me take two samples or just the one

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jul 7, 2019

Just one breathiluzer sample. He does not ot get a retake. He can ask for a urine or blood next to check for drugs.

1 Answer | Asked in DUI / DWI for Louisiana on
Q: I recently got a dui in Louisiana. I didn’t blow on road but elected to do at the sheriff station as I had alcohol spilt

But didn’t have a lot to drink. I didn’t want automatic suspension which would have happened. I blew under limit .051 which the trooper didn’t inform me of instead he came back in and wanted blood or pee and as I was unclear what that meant I asked if a real doctor would take blood and if not... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jul 7, 2019

I mean you had alcohol "spilled" on your clothes. The cop was trying to determine if there were also drugs in your system. You need to get a drug hair test NOW and hire a criminal lawyer.

1 Answer | Asked in Criminal Law and DUI / DWI for Louisiana on
Q: 14:99 wreckless operation and 14:98.1 dwi first offense Arrest from the same event, does this become a felony or ?

I was arrested for these offenses also was in a vehicular accident, I’m curious on what the minimum charges could become when my court date arrives , the even took place in St. John Parish , Louisiana.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jun 18, 2019

This stays a misdemeanor. If you plead or are found guilty, you will have safe driving class, substance abuse assessment, 48 hrs community service, fine, court costs, ignition device.

1 Answer | Asked in DUI / DWI for Louisiana on
Q: Underage DWI in Louisiana.

I am 20 years old, I got pulled over swerving all over the road and filed the FST and my BAC was like a .137 . I made bond pretty fast and I’m worried they are gonna give me jail time. Is there a good chance they give me jail time?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jun 13, 2019

Depends on if it was your first, second or third and whether you have priors. Hire a criminal attorney now.

1 Answer | Asked in DUI / DWI for Louisiana on
Q: What's the difference between the Pre-Trial Diversion program for 1st offense DUI in LA vs. pleading under Article 894?

Upon receiving all of the discovery documentation regarding my 1st offense DUI arrest, my "attorney" concluded that he would not be able to get my DUI charge dismissed or reduced, therefore, my only option other than pleading guilty to the charges was to enroll in the DUI Pre-Trial Diversion... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jun 12, 2019

For 894 you plead guilty, then complete probation, including community service, probation supervision fee, safe driving class, substance abuse assessment & ignition interlock. Then your attorney has to file a Motion to Expunge the conviction, for which the Parish charges a big fat fee, and make... Read more »

1 Answer | Asked in DUI / DWI and Family Law for Louisiana on
Q: I’m wanting to find out if I have any rights at all to my grandbaby, whom I do have a relationship with but ONLY....

Allowed to see her if I go to my daughters house. My daughter has been getting mentally abused by her husband since even before baby was born. My daughter and her husband live with my ex husband. I’m remarried and of course it’s an issue, but I make it a point to go see my grandbaby at least... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 16, 2019

If your daughter doesn't give you visitation, you have none.

1 Answer | Asked in DUI / DWI for Louisiana on
Q: Does sentence imposed mean that the sentence my fi'ance and gave him time

he was on parole 4/11/16 - 4/9/19 when he was arrested for his 3rd DWI. but revoked himself 12/11/18. he states they drop 3rd DWI now they will not release him. JPCC states he have to back up his time because he revoked himself. new charges 4/15/19 states sentence imposed no bond, parole viol no... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Apr 19, 2019

Talk to his criminal attorney. Your question is unclear.

1 Answer | Asked in DUI / DWI for Louisiana on
Q: Louisiana, fate of arrest for prior dwindling or date of conviction ? How is ten years determined.

Prior Dwi arrest vs conviction in computation of 10 years. ChEckpoint- blew o.0 then required or tricked her into submitting urine. Why at chEckpoint when blew 0.0 , can they require 2nd chemical test and told would lose license if not? Then charged with dui?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Apr 4, 2019

Ten years from the date the earlier probation was completed.

Clearly they were checking for under the influence of drugs.

Hire a criminal attorney.

1 Answer | Asked in DUI / DWI for Louisiana on
Q: Does Louisiana have a no drive defense on crimes of Dwi, what are the elements of actual physical custody of a vehicle?
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Mar 3, 2019

Consult with a criminal attorney immediately. A DWI charge is very fact sensitive.

1 Answer | Asked in Criminal Law and DUI / DWI for Louisiana on
Q: I was told I did not have to follow bond condition, how true is this? See details below, please.

DWI. It was written on my bond paperwork that an IID needed to be installed on my vehicle, however an attorney told me I could basically ignore it; I believe his exact words were: "You don't need to worry about that; a judge didn't write that, looks like someone in the prison/jail did." Is this... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Feb 20, 2019

It may have been a condition of your bond. Hence the bondsman can recall your bond and you go back to jail unless you can post the entire bond by cash.

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