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Louisiana DUI / DWI Questions & Answers
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.

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.

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