DUI Defense Attorney in Gonzales, Louisiana 

Driving under the influence (DUI) is a serious offense in Louisiana and carries significant legal consequences. If you've been charged with a DUI, it's crucial to consult with a criminal defense attorney who understands the complex challenges of these types of charges and who can provide experienced legal representation.  

At Allen V. Davis & Associates, our focus on DUI defense is designed to offer the comprehensive support and advocacy you need. Whether you're facing your first DUI charge or subsequent offenses, the penalties can be severe, affecting not only your driving privileges but your finances and freedom.  

Our experienced legal team has a deep understanding of both Louisiana DUI laws and practiced defense strategies that can make a difference in the outcome of your case. Located in Gonzales, Louisiana, we proudly serve clients throughout Baton Rouge, Livingston Parish, St. James Parish, and Jefferson Parish. 

What Is a DUI?

A DUI, or driving under the influence, occurs when a driver operates a vehicle while impaired by alcohol, drugs, or other substances that can hinder a driver's abilities. This includes prescription medications, over-the-counter drugs, and illegal substances.  

In Louisiana, you can be charged with a DUI or OWI (operating while intoxicated) if you operate a motor vehicle, aircraft, or watercraft with a blood alcohol concentration (BAC) of 0.08% or higher for drivers over the age of 21. For commercial drivers, the threshold is set at a BAC of 0.04%, and for drivers under the age of 21, the state enforces a much stricter limit of 0.02%. 

Louisiana Implied Content Law

Louisiana has specific laws governing DUI offenses that are designed to curb impaired driving and maintain road safety. The "Implied Consent Law" states any driver who operates a vehicle in the state automatically consents to submit to chemical testing for the presence of alcohol or controlled substances in their bloodstream.  

Refusal to undergo such testing when requested by a law enforcement officer can lead to immediate administrative penalties, including the suspension of driving privileges. 

Penalties for a DUI Conviction in Louisiana

The penalties for a DUI conviction in Louisiana depend on the driver's BAC at the time of arrest, whether the incident resulted in injury or property damage, and the number of offenses that occurred within the last ten years. 

For a first offense, classified as a misdemeanor, the penalties may include a combination of: 

• A fine of up to $1,000 

• A jail term of up to six months 

• A driver's license suspension of up to 12 months 

• Mandatory participation in a substance abuse education program 

For a second offense, also classified as a misdemeanor, the penalties may include: 

• A fine of up to $1,000 

• A jail term between thirty days and six months 

• A driver's license suspension of up to 24 months 

• Mandatory community service 

For a third or more offense, classified as a felony, the penalties may include: 

• Between one to five years in jail 

• A minimum fine of $2,000 

• A driver's license suspension of up to 36 months 

• Vehicle forfeiture (in some cases) 

As a condition for the reinstatement of driving privileges after a DUI conviction, Louisiana law permits the installation of an ignition interlock device (IID) for a given period depending on the number of DUI offenses. This device requires the driver to pass a breathalyzer test before the vehicle can start. 

At Allen V. Davis & Associates, we offer thorough legal representation and dedicated support to make sure you fully understand your rights and your available defenses against DUI charges. 

How We Can Help With Your DUI Defense

Our DUI defense services are tailored to address the full scope of your legal needs, from the initial traffic stop to the conclusion of your case. Here's what we offer: 

• Personalized Defense Strategies: We understand that every DUI case is unique. We will closely analyze your case to develop a defense strategy aimed at achieving the best possible outcome. 

• Challenging DUI Evidence: We will scrutinize the evidence against you, including the procedures used during your breathalyzer test, field sobriety test, and arrest, to identify any infringements of your rights or flaws in the case against you. 

• License Suspension Hearings: We will represent you in administrative hearings to challenge your driver's license suspension and help preserve your driving privileges while your case is pending. 

• Negotiating Plea Deals: When appropriate, we will work to secure plea deals that can result in lesser charges or even reduced sentences. 

• Trial Representation: If your case goes to trial, our experienced attorney will fiercely advocate on your behalf. We are well-versed in Louisiana DUI laws and have a strong track record of success. 

With our knowledge and experience, we will explore all viable defense strategies to minimize the impact of a DUI charge. Some common defense strategies we can use include challenging the legality of the traffic stop, advocating that there was no probable cause that led to a DUI arrest, or challenging the use of statements or the arrest if an officer failed to give Miranda warnings. 

Frequently Asked Questions

Q: What steps should I take immediately after a DUI arrest in Louisiana?  

A: Following a DUI arrest, it's important to document everything you remember about the arrest and contact a DUI defense attorney as soon as possible. Avoid discussing the details of your case with anyone other than your lawyer. 

Q: Can I refuse a breathalyzer test in Louisiana?  

A: Under the implied consent law, you are required to submit to chemical testing if requested by a law enforcement officer. Refusal can result in immediate administrative penalties, including driver's license suspension. 

Q: Will I lose my license after a DUI charge in Louisiana?  

A: Louisiana law mandates a suspension of your driving privileges upon arrest for a DUI. However, you have the right to challenge this suspension at an administrative hearing, where having legal representation can significantly impact the outcome. 

Q: Can a DUI charge affect my employment in Louisiana?  

A: Yes, a DUI conviction can have significant implications for your current job and future employment opportunities, especially if your job requires driving. It can also affect professional licenses and certifications. 

Q: How can I get my DUI conviction expunged in Louisiana?  

A: Louisiana allows for the expungement of certain DUI convictions under specific conditions. The process is complex, and eligibility depends on the nature of your conviction and your criminal history. Our attorney can assess your situation and assist with the expungement process where applicable.