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Louisiana DUI / DWI Questions & Answers
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?... Read 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... Read 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... Read 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...
Read more »

1 Answer | Asked in Car Accidents, DUI / DWI and Personal Injury for Louisiana on
Q: Recieved a DWI with that i totaled out my son car.I had to get screws and plate put in my left hand due to accident.

Can I sue the insurance company for my injuries.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Apr 24, 2020

You already asked this question.

1 Answer | Asked in DUI / DWI for Louisiana on
Q: What are the penalties for failure to comply with signage requirements?
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Apr 17, 2020

It sounds like you are asking about a municipal offense. Therefore it depends on which municipality you are in. You should call and attorney in that city.

1 Answer | Asked in DUI / DWI for Louisiana on
Q: If I pled nolo contendere to a DUI in Colorado with blood alcohol level lower than the state law considered conviction?

I had an alcohol blood level of 0.9 with Colorado stating 1.0 blood level a D,U,I. In 1994.

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

What is your LA question about a 1994 CO DWI conviction?

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... 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... 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.

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