DWI Attorney in Metairie, Louisiana
Basics of DWI Charges
It is possible under the law to go from twice the legal limit drunk to legally not drunk in two minutes or less.
If you are under the age of 21, the legal limit is .02.
If you are over the age of 21, the legal limit is .08.
Breath Machines- Was Your Reading Accurate?
So-called "Breath Machines" were designed to measure the blood alcohol level measurable through an exhaled breath. Many variables can impact the machine's reading and accuracy.
Scott Hanthorn owns an Intoxilyzer 5000, is a Certified Intoxilyzer 5000 Breath Machine Operator, and is a Certified Intoxilyzer 5000 Breath Machine Maintenance Technician. He can help fight for your rights and help you determine if your breath machine reading was accurate.
DWI Legal Process in Louisiana
In Louisiana, DWI is a two-part process. The two are completely different processes in two completely different locations with two completely different judges. Because DWI can be complicated, you need a strong legal advocate on your side.
Part One: Administrative Hearing
The administrative hearing has to do with the state of Louisiana and involves the suspension of your license for blowing over the limit or refusing to blow into the breath machine. 32:661, etc.
The administrative hearing is held at the administrative law offices or at a state police troop building, depending upon the location of your arrest. Here is what you need to know:
The administrative hearing has to do only with the suspension of your driver's license for blowing above the legal limit or refusing to blow into the breath machine. Your suspension could be from 6 months to 4 years, depending on how many times you have been arrested before and how high you blow on the breath machine.
You have only 30 calendar days to file for the administrative hearing.
These 30 days include holidays and weekends. However, if the 30th day falls on a holiday or weekend, you have until the next working day to file. If you do not file in time, your license will automatically be suspended when your 30-day temporary license expires.
The administrative hearing is not about your guilt or innocence for DWI. It is about whether you refused to blow or blew over the limit on the breath machine. It is about the very specific elements involving the arrest, paperwork, and the administration of the breath test. It is about whether proper procedures were followed.
The truth is that you can be completely falling down drunk on the video and still save your license. Or, you can appear completely sober and still lose your license if all procedures were properly done.
Although you can file for this on your own, filing it will get you a hearing, but will not get you the very specific information you need to win the hearing. You will probably go there and say things that will cause you to lose. This hearing is highly technical and involves elements that even the average lawyer knows very little about.
Attorney Hanthorn is highly trained in this area. Let him put that expertise to work for you, because the truth is, a lot of people needlessly lose their licenses.
Part Two: Prosecution
Part two of the process has to do with the criminal portion of the law, 14:98, and is prosecuted in the parish where you were arrested, either in a state or city court, depending upon what law enforcement agency arrested you.
Don't let your driving record become your criminal record. A DWI can affect your job, your family, your insurance, and your career. Call Attorney Hanthorn for a free phone consultation. Know your rights, and get a realistic assessment of your situation. Take advantage of the free offer of his considerable training and experience in this highly technical area of law.
DWI Attorney in Metairie, Louisiana
Scott E. Hanthorn is a DWI specialist prepared to serve those getting DWI charges in the Metairie, Louisiana, area. He also serves those in the surrounding areas, including Jefferson, St. Tammany Parish, New Orleans, St. John, and more, and he is dedicated to fighting for your defense. Reach out to him today for professional, highly qualified, and trained support.