Louisiana DUI / DWI Questions & Answers

Q: Louisiana, fate of arrest for prior dwindling or date of conviction ? How is ten years determined.

1 Answer | Asked in DUI / DWI for Louisiana on
Answered on Apr 4, 2019
Ellen Cronin Badeaux's answer
Ten years from the date the earlier probation was completed.

Clearly they were checking for under the influence of drugs.

Hire a criminal attorney.

Q: Does Louisiana have a no drive defense on crimes of Dwi, what are the elements of actual physical custody of a vehicle?

1 Answer | Asked in DUI / DWI for Louisiana on
Answered on Mar 3, 2019
Ellen Cronin Badeaux's answer
Consult with a criminal attorney immediately. A DWI charge is very fact sensitive.

Q: I was told I did not have to follow bond condition, how true is this? See details below, please.

1 Answer | Asked in Criminal Law and DUI / DWI for Louisiana on
Answered on Feb 20, 2019
Ellen Cronin Badeaux's answer
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.

Q: DWI. Would pleading guilty with 894 negatively affect the civil side (DMV license suspension) of my case?

1 Answer | Asked in DUI / DWI and Traffic Tickets for Louisiana on
Answered on Feb 18, 2019
Ellen Cronin Badeaux's answer
A.plea will result in automatic suspension.

Q: DWI charge was reduced to reck opp but dmv still ordered me to install interlock for 1 year,,why ?

1 Answer | Asked in DUI / DWI for Louisiana on
Answered on Dec 27, 2018
Ellen Cronin Badeaux's answer
Because you probably didn't request a hearing with Dept of Public Safety.

Q: Is LA temporary ID/DL available?

1 Answer | Asked in DUI / DWI for Louisiana on
Answered on Nov 29, 2018
Ellen Cronin Badeaux's answer
Never heard of a temp DL. Call Motor Vehicles.

Q: Can a property bond be used if it is in my name and my previous deceased husband's name?

1 Answer | Asked in DUI / DWI for Louisiana on
Answered on Nov 5, 2018
Ellen Cronin Badeaux's answer
Yes. The bond office or the defendant's criminal attorney should be able to help you

Q: Question about When a person is granted a motion to dismiss and set aside under article 893 in LA

2 Answers | Asked in Criminal Law and DUI / DWI for Louisiana on
Answered on Aug 20, 2018
Ellen Cronin Badeaux's answer
D.A. can charge you with 2d DWI 1 or DWI 2. Art 894 does not limit D.A.

Q: HAVE A DWI II AND HAVE BEEN CHARGED WITH AGGAVATED FLIGHT. CAN IT BE REDUCED TO A LESSER CHARGE AND NOT A FELONY?

1 Answer | Asked in DUI / DWI for Louisiana on
Answered on Aug 2, 2018
Ellen Cronin Badeaux's answer
Everything can be reduced to a lesser included offense.

Q: Passed breathalyzer bac 0.077 still arrested and had to be bonded out ! Why when passed below.08 in Louisiana

1 Answer | Asked in DUI / DWI for Louisiana on
Answered on Jun 18, 2018
Ellen Cronin Badeaux's answer
Because they are claiming you were under influence of narcotics also or that you are under 21.

Q: I was in involved in a accident on a atv and the driver left the scene but I was charged why?

1 Answer | Asked in Criminal Law, DUI / DWI, Personal Injury and Products Liability for Louisiana on
Answered on Apr 18, 2018
Ellen Cronin Badeaux's answer
You need a criminal attorney who also practices personal injury. More details are needed to answer your question.

Q: Is this even correct because it doesn't seem right?

1 Answer | Asked in DUI / DWI, Traffic Tickets and Car Accidents for Louisiana on
Answered on Feb 23, 2018
Ellen Cronin Badeaux's answer
Hire a criminal attorney. You're also going to need it because you're going to be sued for injuries, if there was another driver.

Q: in Louisiana is an article 894 only a route for expungement or does it set the conviction aside to get my license back?

1 Answer | Asked in Criminal Law and DUI / DWI for Louisiana on
Answered on Oct 10, 2017
David L McBride's answer
Hello, in general pleading guilty under 894 makes the conviction eligible to be "set aside," and eligible for expungement immediately (as opposed to the typical misdemeanor waiting period) upon completion of any sentencing requirements. However, simply completing the requirements for the conviction doesn't immediately set the ball in motion. You will need to file a motion to set aside the conviction and dismiss prosecution and motion for expungement. The 894 simply makes the offense eligible...

Q: My nephew received 3 dui's, but just got a good job. He says he has a ride to work, but what is consequence if he driv

1 Answer | Asked in DUI / DWI for Louisiana on
Answered on Oct 10, 2017
David L McBride's answer
I'm a little confused by your question. Does he have a valid driver's license right now? If the answer to that question is no, then, in general, he may be ticketed for operating a motor vehicle while having a suspended license. In general, that results in further suspension of license for an extended period of time. He may apply for a "hardship license," in the meantime and legally operate his vehicle. In general, in order to receive a hardship license, the DMV will require that he install an...

Q: prescription containers, prescription documentation

1 Answer | Asked in Criminal Law and DUI / DWI for Louisiana on
Answered on Oct 10, 2017
David L McBride's answer
In general, the way that you stored your prescriptions in the vehicle (with the prescription and documentation)) is the best way to ensure that you don't face criminal issues associated with them. Unfortunately, this doesn't always prevent the police from charging individuals with offenses despite their actions to reduce the likelihood of being charged. There is a presumption and "affirmative defense," that may possibly be asserted on behalf of the person that legally possess their prescription...

Q: 2 yrs. ago my husband got a DUI in VA his license is WV. We reside in LA he got the dui shortly after we moved.

1 Answer | Asked in DUI / DWI for Louisiana on
Answered on Aug 16, 2017
William Head's answer
Drivers' license laws are not made to adjust to good conduct later. They are mechanically enforced.

Because driving is not a RIGHT, but a PRIVILEGE, he will not enjoy the privilege of having a license until he reinstates the right to drive.

Q: I was released from probation in march of 2017 for a DUI in 2013 do I still have time for an appeal

1 Answer | Asked in DUI / DWI for Louisiana on
Answered on Aug 8, 2017
William Head's answer
Appeal what? Your case is over.

So, the answer is NO.

Q: my dad was killed in a head on car crash by a driver that had multiple drugs in his system (meth,weed) what's the charge

1 Answer | Asked in Criminal Law, DUI / DWI and Car Accidents for Louisiana on
Answered on Mar 3, 2017
Douglas Lee Bryan's answer
My sincerest condolences on your loss.

The criminal charge would likely be vehicular homicide, which is death resulting from an accident where, in relevant part:

1) The offender is under the influence of alcoholic beverages;

(2) The offender’s blood alcohol concentration is 0.08 percent or more by weight based upon grams of alcohol per one hundred cubic centimeters of blood; or

(3) The operator is under the influence of any controlled dangerous substance...

Q: 2 DWI's, driver hit a pedestrian who later got leg amputated and later died but to other causes.. Is driver responsible?

1 Answer | Asked in DUI / DWI and Car Accidents for Louisiana on
Answered on Feb 2, 2017
Peter N. Munsing's answer
If the "other causes" are related--as in blood clot, osteomyelitis, etc. Yes. This sound very serious. You need to get off public websites and if you are the driver with the dwi, talk to a lawyer. Yes they charge. But this is very serious. Worry about the cost and don't see a lawyer, you can keep worrying in prison. If you are related to the pedestrian, you need to contact a member of the La. Trial Lawyers Assn--they give free consultations.

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