Defending DWI Charges in Louisiana
The Shoultz Law Firm can help if you have been charged with DWI in any Parish in Louisiana. Fines, jail, license suspensions are always a concern with DWI charges, as are employment, educational and car insurance consequences. Trust the Shoultz Law firm to vigorously fight for all of your legal rights.
Whether you are facing your first DWI charge, or a subsequent charge, we are experienced in DWI defense, and always here to help. We care about our clients, and in addition to aggressively defending DWI charges in court, we try to assist all of our clients find help with substance dependency when they are in need.
Call us for a free phone consultation. We can assess your case, and give you the estimated costs for your legal defense to DWI charges in Louisiana over the phone today. Trust the experienced DWI defense attorneys at the Shoultz Law Firm.
Defending Citizens in DWI Cases:
The Shoultz Law Firm Attorneys will aggressively defend all US and Louisiana Constitutional rights. As we see the Constitution as our client in all cases, we require prosecutors to prove every element of the offense of operating a vehicle while intoxicated charged. For the purpose of simplifying a complex wide area of law, we fight for our clients in 3 major ways.
Providing Hope in DWI breath test cases:
Just because you provided the state a breath test, and their machine claimed your breath alcohol content .08 or above, you may still not have been over the .08 per se Louisiana limit. The Shoultz Law firm will analyse your case for many potential errors such as:
Providing Hope for DWI field sobriety tests:
The bottom line is that field sobriety tests such as Horizontal Gaze Nystagmus, Walk and Turn, One-Leg Stand, ABCs, all of them, are biased, and unscientific junk. You do not have to take them. We recommend that no one take these tests. These "field sobriety tests" will be used against you, whether you are intoxicated or not. If you have submitted to a field sobriety test, and have been charged, trust our attorneys to vigorously attack the validity of these unscientific tests.
Trust the Shoultz Law Firm Trial Attorneys if you are charged with DWI in Terrebonne Parish, Lafourche Parish and throughout Louisiana.
Learn more about DWI in Houma, Terrebonne Parish Louisiana here.
Learn more about DWI Defense in New Orleans, Orleans Parish Louisiana here.
Learn more about DWI in Thibodaux, Lafourche Parish Louisiana here.
Learn more about DWI in Franklin, St. Mary Parish Louisiana here.
Learn more about DWI Defense in Napoleonville, Assumption Parish, Louisiana here.
Learn more about DWI Defense in Morgan City, St. Mary Parish, Louisiana here.
Learn more about DWI Defense in Covington, Slidell, St. Tammany Parish, Louisiana here.
Learn more about DWI Defense in Baton Rouge, East Baton Rouge Parish, Louisiana here.
Learn more about DWI Defense in Kenner, Jefferson Parish, Louisiana here.
Learn more about DWI Defense in Hammond, Tangipahoa Parish Louisiana here.
Learn more about DWI Defense in Chalmette, St. Bernard Parish Louisiana here.
DWI Law in Louisiana
The offense of operating a vehicle while intoxicated is defined by the Louisiana Legislature in LA R.S. 14:98. It provides as follows:
§98. Operating a vehicle while intoxicated
A.(1) The crime of operating a vehicle while intoxicated is the operating of any motor vehicle, aircraft, watercraft, vessel, or other means of conveyance when any of the following conditions exist:
(a) The operator is under the influence of alcoholic beverages.
(b) The operator's blood alcohol concentration is 0.08 percent or more by weight based on grams of alcohol per one hundred cubic centimeters of blood.
(c) The operator is under the influence of any controlled dangerous substance listed in Schedule I, II, III, IV, or V as set forth in R.S. 40:964.
(d)(i) The operator is under the influence of a combination of alcohol and one or more drugs that are not controlled dangerous substances and that are legally obtainable with or without a prescription.
The Louisiana DWI Statute can be found here
Louisiana Implied Consent Law
Louisiana drivers are subject to an implied consent law. The Louisiana laws can be found at LA R.S. 32:661 et seq. This means that if you are driving in Louisiana, by law, you are deemed to have consented to chemical tests of your blood, urine, and breath for the purpose to detect the presence of alcohol or drugs if an officer has reasonable belief that your are under the influence of alcohol and/or drugs.
The exact language of the statute is:
PART XIV. TESTS FOR SUSPECTED DRUNKEN DRIVERS
§661. Operating a vehicle under the influence of alcoholic beverages or illegal substance or controlled dangerous substances; implied consent to chemical tests; administering of test and presumptions
A.(1) Any person, regardless of age, who operates a motor vehicle upon the public highways of this state shall be deemed to have given consent, subject to the provisions of R.S. 32:662, to a chemical test or tests of his blood, breath, urine, or other bodily substance for the purpose of determining the alcoholic content of his blood, and the presence of any abused substance or controlled dangerous substance as set forth in R.S. 40:964 in his blood if arrested for any offense arising out of acts alleged to have been committed while the person was driving or in actual physical control of a motor vehicle while believed to be under the influence of alcoholic beverages or any abused substance or controlled dangerous substance as set forth in R.S. 40:964.
A complete reading of LA R.S. 32:661 can be found here: legis.la.gov/legis/Law.aspx?d=88498
Learn more about the offense of Driving Under the Influence charges at Wikipedia.
Whether you are facing your first DWI charge, or a subsequent charge, we are experienced in DWI defense, and always here to help. We care about our clients, and in addition to aggressively defending DWI charges in court, we try to assist all of our clients find help with substance dependency when they are in need.
Call us for a free phone consultation. We can assess your case, and give you the estimated costs for your legal defense to DWI charges in Louisiana over the phone today. Trust the experienced DWI defense attorneys at the Shoultz Law Firm.
Defending Citizens in DWI Cases:
The Shoultz Law Firm Attorneys will aggressively defend all US and Louisiana Constitutional rights. As we see the Constitution as our client in all cases, we require prosecutors to prove every element of the offense of operating a vehicle while intoxicated charged. For the purpose of simplifying a complex wide area of law, we fight for our clients in 3 major ways.
- Challenging the Constitutionality of the traffic stop. This requires the arresting officer to have reasonable suspicion.
- Challenging the Constitutionality of the arrest. This requires the arresting officer to have probable cause.
- Challenging the Constitutionality of the totality of the evidence. This requires the State to prove every element of the charge beyond reasonable doubt.
Providing Hope in DWI breath test cases:
Just because you provided the state a breath test, and their machine claimed your breath alcohol content .08 or above, you may still not have been over the .08 per se Louisiana limit. The Shoultz Law firm will analyse your case for many potential errors such as:
- Officer Error
- Machine Error
- Average Human Body Assumption Error
- Breathing Pattern Error
- Temperature Error
- Hematocrit Error
- Partition Ratio Error
- Mouth Alcohol Error
Providing Hope for DWI field sobriety tests:
The bottom line is that field sobriety tests such as Horizontal Gaze Nystagmus, Walk and Turn, One-Leg Stand, ABCs, all of them, are biased, and unscientific junk. You do not have to take them. We recommend that no one take these tests. These "field sobriety tests" will be used against you, whether you are intoxicated or not. If you have submitted to a field sobriety test, and have been charged, trust our attorneys to vigorously attack the validity of these unscientific tests.
Trust the Shoultz Law Firm Trial Attorneys if you are charged with DWI in Terrebonne Parish, Lafourche Parish and throughout Louisiana.
Learn more about DWI in Houma, Terrebonne Parish Louisiana here.
Learn more about DWI Defense in New Orleans, Orleans Parish Louisiana here.
Learn more about DWI in Thibodaux, Lafourche Parish Louisiana here.
Learn more about DWI in Franklin, St. Mary Parish Louisiana here.
Learn more about DWI Defense in Napoleonville, Assumption Parish, Louisiana here.
Learn more about DWI Defense in Morgan City, St. Mary Parish, Louisiana here.
Learn more about DWI Defense in Covington, Slidell, St. Tammany Parish, Louisiana here.
Learn more about DWI Defense in Baton Rouge, East Baton Rouge Parish, Louisiana here.
Learn more about DWI Defense in Kenner, Jefferson Parish, Louisiana here.
Learn more about DWI Defense in Hammond, Tangipahoa Parish Louisiana here.
Learn more about DWI Defense in Chalmette, St. Bernard Parish Louisiana here.
DWI Law in Louisiana
The offense of operating a vehicle while intoxicated is defined by the Louisiana Legislature in LA R.S. 14:98. It provides as follows:
§98. Operating a vehicle while intoxicated
A.(1) The crime of operating a vehicle while intoxicated is the operating of any motor vehicle, aircraft, watercraft, vessel, or other means of conveyance when any of the following conditions exist:
(a) The operator is under the influence of alcoholic beverages.
(b) The operator's blood alcohol concentration is 0.08 percent or more by weight based on grams of alcohol per one hundred cubic centimeters of blood.
(c) The operator is under the influence of any controlled dangerous substance listed in Schedule I, II, III, IV, or V as set forth in R.S. 40:964.
(d)(i) The operator is under the influence of a combination of alcohol and one or more drugs that are not controlled dangerous substances and that are legally obtainable with or without a prescription.
The Louisiana DWI Statute can be found here
Louisiana Implied Consent Law
Louisiana drivers are subject to an implied consent law. The Louisiana laws can be found at LA R.S. 32:661 et seq. This means that if you are driving in Louisiana, by law, you are deemed to have consented to chemical tests of your blood, urine, and breath for the purpose to detect the presence of alcohol or drugs if an officer has reasonable belief that your are under the influence of alcohol and/or drugs.
The exact language of the statute is:
PART XIV. TESTS FOR SUSPECTED DRUNKEN DRIVERS
§661. Operating a vehicle under the influence of alcoholic beverages or illegal substance or controlled dangerous substances; implied consent to chemical tests; administering of test and presumptions
A.(1) Any person, regardless of age, who operates a motor vehicle upon the public highways of this state shall be deemed to have given consent, subject to the provisions of R.S. 32:662, to a chemical test or tests of his blood, breath, urine, or other bodily substance for the purpose of determining the alcoholic content of his blood, and the presence of any abused substance or controlled dangerous substance as set forth in R.S. 40:964 in his blood if arrested for any offense arising out of acts alleged to have been committed while the person was driving or in actual physical control of a motor vehicle while believed to be under the influence of alcoholic beverages or any abused substance or controlled dangerous substance as set forth in R.S. 40:964.
A complete reading of LA R.S. 32:661 can be found here: legis.la.gov/legis/Law.aspx?d=88498
Learn more about the offense of Driving Under the Influence charges at Wikipedia.