Frequently Asked Questions

The State must prove that the requirements outlined in Louisiana Revised Statutes 32:661-669 and the regulations promulgated by the Louisiana Department of Corrections have been followed or your breath test results can be inadmissible.

To save your driver's license you must request an administrative hearing within 15 days of your arrest. At this administrative hearing an experienced DWI lawyer may be able to get information from the police officers that could save your license and help you win your case. Contact Babcock Law Firm immediately to discuss your case so that action may be taken before 15 days has passed.

No. If you plead guilty, you could face up to 6 months in jail, fines up to $ 1,000.00, 32 hours of forced community service and a 90-day suspension of your license, all for just a first offense. There are times when pleading guilty could be you best option but it is essential that you have an attorney to assist you eith that decision. You should have an experienced DWI lawyer from Babcock Law Firm on your side to assist you with your case. Contact us today to discuss your case.

To be considered legally drunk in the state of Louisiana you must have a Blood Alcohol Concentration of at least 0.08. Your BAC will depend on your weight and the amount of drinks you have consumed. Typically, a man weighing 220 lbs. will reach a limit of 0.08 within five or six drinks. A woman weighing 140 lbs. will reach her BAC limit of 0.08 within two or three drinks. There are a number of other factors that can effect the results of a breath test, and even if you refuse the test you can still be found guilty of D.W.I.

The law in Louisiana is a "per se" statute, which provides for immediate suspension and confiscation of your license if your breath test result is above the legal limit. Your license will also be automatically suspended if you refuse to submit to the breath test. It is possible to avoid these suspensions if you contact an attorney, but you need to do so as soon as possible. Under Louisiana law you only have fifteen days to challenge the suspension.

In Louisiana, the traditional offense is "underage driving under the influence of alcohol" (UDUI), or "driving while intoxicated" (DWI). UDUI requires only a .02 blood alcohol level and is used to charge persons under the age of 21 years old. DWI requires a blood alcohol level of .08. If you submit to the chemical test and test above these levels, you are presumed to be intoxicated.

If you have any questions about an arrest or pending charges, please contact the DWI lawyers at Babcock Patners.