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Louisiana DUI / DWI Questions & Answers

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 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 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 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 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 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 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 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 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 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 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.

1 Answer | Asked in DUI / DWI and Traffic Tickets for Louisiana on

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

Or are they completely separate and one does not affect the other? It is still early in the process and I've done a ton of research. Am trying to decide whether to just plead 894 on my own or hire an attorney and go to trial.

Ellen Cronin Badeaux answered on Feb 18, 2019

A.plea will result in automatic suspension.

1 Answer | Asked in DUI / DWI for Louisiana on

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

Ellen Cronin Badeaux answered on Dec 27, 2018

Because you probably didn't request a hearing with Dept of Public Safety.

1 Answer | Asked in DUI / DWI for Louisiana on

Q: Is LA temporary ID/DL available?

I am a CA resident, currently and temporarily due to family medical emergency in LA, in need of a valid ID & DL. I want to keep my CA status but need to drive home NOW. Does LA give temporary ID & DL to get me home? What is the fastest and legal way to handle my situation? Thank you.

Happy... Read more »

Ellen Cronin Badeaux answered on Nov 29, 2018

Never heard of a temp DL. Call Motor Vehicles.

1 Answer | Asked in DUI / DWI for Louisiana on

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

Ellen Cronin Badeaux answered on Nov 5, 2018

Yes. The bond office or the defendant's criminal attorney should be able to help you

2 Answers | Asked in Criminal Law and DUI / DWI for Louisiana on

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

Disregard!

Ellen Cronin Badeaux answered on Aug 20, 2018

D.A. can charge you with 2d DWI 1 or DWI 2. Art 894 does not limit D.A.

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1 Answer | Asked in DUI / DWI for Louisiana on

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

Ellen Cronin Badeaux answered on Aug 2, 2018

Everything can be reduced to a lesser included offense.

1 Answer | Asked in DUI / DWI for Louisiana on

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

Ellen Cronin Badeaux answered on Jun 18, 2018

Because they are claiming you were under influence of narcotics also or that you are under 21.

1 Answer | Asked in Criminal Law, DUI / DWI, Personal Injury and Products Liability for Louisiana on

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

The driver was taken from scene and cleaned up never questioned or anything why did I receive the tickets when I was left there for dead?

Ellen Cronin Badeaux answered on Apr 18, 2018

You need a criminal attorney who also practices personal injury. More details are needed to answer your question.

1 Answer | Asked in DUI / DWI, Traffic Tickets and Car Accidents for Louisiana on

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

I was given a careless operation ticket with alcohol and open container. I was not drinking that day. No breath test was given to me but the officers did make me do a few things like look into a light. During that test I allowed officers in my vehicle and they found a bottle in one of my bags.... Read more »

Ellen Cronin Badeaux answered on Feb 23, 2018

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.

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