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Louisiana DUI / DWI Questions & Answers
1 Answer | Asked in DUI / DWI, Federal Crimes and Criminal Law for Louisiana on
Q: My bf was arrested by game warden while on probation so he’s on a probation hold for nothing

He was on his boat, he’s 45 years old, and the goHe was not drunk, but still arrested and has 6 charges that are rediculous and should be dropped. But while in jail they brought new charges , felonious ones now. They are for killing too many turkeys and possession of a firearm by a person with a... View More

James L. Arrasmith
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answered on Apr 16, 2024

I'm so sorry to hear about your boyfriend's situation. That must be incredibly stressful and frustrating for both of you. A few thoughts:

It's difficult to say definitively whether the charges will hold up without knowing all the details, but in general, wardens and...
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1 Answer | Asked in DUI / DWI for Louisiana on
Q: How do I get my DL reinstated from DWI 10 years ago? I am not able to have interlock because no vehicle in my name?

Everything the court asked me to do has been completed and satisfied. Including year probation.

Randy Bryan Ligh
Randy Bryan Ligh
answered on Nov 28, 2022

I would contact the DMV in your area and ask them what you need to provide them in order to get your DL reinstated. Once they tell you, then do that.

1 Answer | Asked in DUI / DWI for Louisiana on
Q: If on supervised probation for 6 months for first dui conviction can I relocate to a different state while on probatio?
Randy Bryan Ligh
Randy Bryan Ligh
answered on Sep 8, 2022

If you are on supervised probation, then you cannot relocate without permission of either your probation officer or the presiding Judge until your probation is completed. That said, most probation officers and/or the Court will give permission to relocate as long as there's good cause.

1 Answer | Asked in DUI / DWI for Louisiana on
Q: Can I plead not guilty to dwi if I refused breathe test?
Randy Bryan Ligh
Randy Bryan Ligh
answered on Aug 7, 2022

Yes, you can, however, the best recommendation is that not before go to court but immediately you contact a DWI lawyer or 2 in your area and set up consultations to specifically discuss your case and options---and then hire the DWI attorney with whom you fell most comfortable----I say immediately... View More

1 Answer | Asked in DUI / DWI for Louisiana on
Q: Can the state go back to 2003 on a DUI case?

In 2003 I was arrested for DUI. Now (2022) the 15th District Judicial Court has notified me that I need to complete driving courses and 32 hours of community service. I completed the driving course and community service back in 2003. The court is now saying that they don't have any records... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Apr 7, 2022

If you had an attorney representing you at that time, then please speak to him and hopefully this can get straightened out without taking too much time. If you did not have an attorney, then perhaps please consult with a criminal defense attorney about representing you in your current situation... View More

1 Answer | Asked in DUI / DWI for Louisiana on
Q: I got a DUID in Louisiana. My public defender never called me back and I have court in 3 days. Am I in trouble??
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Dec 4, 2021

No they are just overworked and your first court date is just your arraignment. But you can always hire a private lawyer.

1 Answer | Asked in DUI / DWI for Louisiana on
Q: What happens when you get a DUID and a careless operation ticket at same time? Punishment wise
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Oct 30, 2021

You need to hire a criminal attorney immediately and ask for both a DPS hearing and for your criminal arraignment.

2 Answers | Asked in Criminal Law and DUI / DWI for Louisiana on
Q: My lawyer didn’t show for court. Prosecutor has a deal for me. Can I still take the deal w/o my lawyer?
Wade Thomas Visconte
Wade Thomas Visconte
answered on Oct 24, 2021

The answer is probably not because the Judge will want to make sure on the court's record that both you AND your attorney have discussed the plea and that your plea is voluntary.

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1 Answer | Asked in DUI / DWI for Louisiana on
Q: I plead 894 but the dmv has me down for the wrong conviction how do i get out of sr22

After my hardship was done they gave me my liscence but to them it shows i have a adult dui first offense when my sentence was reduced to a underage dui now i get a letter in the mail that i need sr22 insurance

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Oct 19, 2021

Get a certified copy of the final disposition. Copy for yourself. Who sent you a letter saying you need SR22 insurance?

1 Answer | Asked in DUI / DWI for Louisiana on
Q: If I got booked for a dui and not heroin. Can the cop come a month later to say he found heroin in the vehicle?

I was brought to jail for a dui with no breathalyzer so they could take my blood. THC will be found in my blood. The officer also found heroin but never booked me with it and when my charges were read while being booked it didn’t show up. Can that state trooper come to my house and ask for me?... View More

Wade Thomas Visconte
Wade Thomas Visconte
answered on Jun 1, 2021

Yes, you can be charged after an arrest. The District Attorney ultimately decides what criminal charges to pursue, but you can be charged after the fact. No, the cop is not an addict, and it would be foolish to raise that issue as part of your defense.

1 Answer | Asked in DUI / DWI for Louisiana on
Q: In louisiana, can the DA enhance past wreckless driving to DWI? The arrest was DWI but reduced to wreckless driving.

Had DWI (1st) then was arrested for new DWI (2nd). Charges at arrest include 2 enhanced reckless driving (3rd/4th) to make a felony. one week ago. Can they do this with 2 previously settled charges (non DWI)?

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Feb 25, 2021

The charges are always enhanceable until you plead.

1 Answer | Asked in DUI / DWI for Louisiana on
Q: If you choose to not drive instead of using an interlock device how long before you can drive again in Louisiana.

I received article 894 from a dui I received in 2015. While I was doing community service to pay my fine , it came up that I owed around $100 from an old dui in like 2002. I paid the fine in 2015 so it’s showing that I had a current dui even though it was 894. I couldn’t and can’t afford an... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Feb 12, 2021

Your attorney has to file Motion to use that 894. It does not happen automatically. The 894 has nothing to do with the interlock.

2 Answers | Asked in Criminal Law and DUI / DWI for Louisiana on
Q: Family member has been arrested for simple kidnaping and sexual assault, What is the process for bail hearing

What does the District Attorney have to present as far as basis for holding someone on a high bail? Can a bail hearing help in understanding the severity of the charges

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Dec 29, 2020

Your family member needs a criminal attorney to negotiate a reduction in bond.

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1 Answer | Asked in DUI / DWI for Louisiana on
Q: I have a warrant 12 yr old what can I do about it
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Dec 11, 2020

OMG hire a criminal attorney already!

1 Answer | Asked in DUI / DWI for Louisiana on
Q: Is it possible to not serve jail time for a felony dwi ?
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Sep 15, 2020

Actually no.

1 Answer | Asked in DUI / DWI for Louisiana on
Q: I have copd and cannot blow the required amount of time what do I do

License suspended since 2011 when I removed device

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Sep 15, 2020

You need to complete the other terms of your probation or sentence and then hire a criminal attorney.

1 Answer | Asked in DUI / DWI for Louisiana on
Q: I’m on my 6month extension for 1st defense DUI. Because if COVID19 the extension expired without fines completely paid.

Can the judge extend a second time?

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jun 26, 2020

You can ask for more time to pay.

1 Answer | Asked in Traffic Tickets and DUI / DWI for Louisiana on
Q: How to have Drivers License reinstated if court ordered to have IID installed but do not own a vehicle.

In 2017 I refused a chemical test in Louisiana (caddo Parish), in order to have my driver's license reinstated it is instructing me to have a IID installed. Currently I do not own a vehicle or have access to one. Copied below is OMV requirements:

YOUR DRIVER'S LICENSE IS... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jun 23, 2020

First, what were you driving in 2017? If it was a car that you have sold or was totalled, then send proof of that to DMV with a cover letter that you no longer own the vehicle.

Second, if it was someone else's vehicle, then get a portable intoxilizer and send proof of that with a...
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