Simmons & Associates, L.L.C.
Former Prosecutor concentrating in DWI Defense andPersonal Injury
DWI Info

There are two aspects of a DWI, the first concerns your driving privileges.  A temporary license was issued to you when you were charged. You only have 15 days to request an administrative hearing.  If you allow this time to pass without securing a hearing, your license will be suspended for a minimum of 90 days.  The second aspect is the actual DWI which is a criminal offense that could result in a jail sentence and fines.

You should be mindful that you only have 15 days from the date of your arrest to protect your driving privileges.  A suspension will affect the near future and could ultimately have far reaching affects in your life.  Therefore, time is of the essence for you to seek legal advice. Failure to do so could be detrimental to your case. The court date that you are given by the officer at the time of arrest, or on your bond paperwork has nothing to do with your driving privileges. You are not automatically eligible for a hardship license at this point, and the court date will not secure you such.

Refusal of a Breathylizer or Field Sobriety test is your right. If you do not submit to these tests, you run the risk of having your license suspended for 180 days. However, if you do submit and fail, it will provide evidence to be used against you. You are only required to provide the officer with your identification, registration and proof of insurance, and you are only required to answer questions that establish your identity. You are not required to answer questions such as "How many drinks have you had tonight?".

If you are asked to take the breath - alcohol test, then you are under arrest for DWI. This means that the officer making the arrest has reasonable grounds to believe that you have been driving under the influence. There are exceptions to when you will not be allowed to refuse the test, if the officer has reasonable grounds to think you are driving under the influence and you have refused the test at least twice before on previous stops, or someone has been killed or seriously hurt as a result of an accident.

If you are pulled over for a suspicion of a DWI/DUI, provide the officer with your identification and required papers, politely refuse the tests, answer any questions that establish your identity, and if he chooses to arrest you, stay quiet. Hire an attorney immediately, and argue it in court.

Of course, the safest choice is always to not drink and drive!

Remember: TIME IS OF THE ESSENCE! You MUST request a hearing within fifteen days of your arrest! Your first order of business after a DWI arrest is to secure legal representation!
  

 

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Baton Rouge, Louisiana 70801

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