Best DUI & DWI Lawyers in Lafayette

About DUI & DWI Law in Lafayette, United States

Lafayette is in Louisiana, where the legal term used in the criminal code is DWI driving while intoxicated. Many people still say DUI, and practitioners often use DUI and DWI interchangeably to describe the offense of operating a motor vehicle while under the influence of alcohol, drugs, or a combination. Local enforcement is handled by the Lafayette Police Department, Lafayette Parish Sheriff, University of Louisiana at Lafayette Police, and Louisiana State Police.

Louisiana law sets per se blood alcohol concentration limits and also prohibits driving while impaired to the extent that you are under the influence, even if your blood alcohol level is below the limit. DWI cases in Lafayette can be prosecuted in Lafayette City Court for many first or second offenses that occur within city limits, or in the Fifteenth Judicial District Court for parish level matters and felony cases. In addition to the criminal case, the Louisiana Office of Motor Vehicles conducts a separate administrative process that can suspend your driver license after an arrest or test result.

Why You May Need a Lawyer

Even a first DWI in Louisiana can trigger criminal penalties, driver license consequences, and long term costs. A lawyer can help you navigate deadlines, protect your record, and fight the charges. Common situations where legal help is especially important include arrests with a breath test result at or above 0.15 or 0.20, alleged refusal of testing, accidents involving injury or property damage, a commercial driver license holder, an under 21 driver, an out of state driver, prior DWI convictions within the 10 year lookback period, and cases involving drugs or prescription medications.

An attorney can evaluate whether the traffic stop, detention, field sobriety tests, and breath or blood testing were lawful, challenge the admissibility of evidence, negotiate with the prosecutor, and represent you in both court and the administrative license hearing. A lawyer who practices regularly in Lafayette can also advise about local diversion or specialty court options that may help reduce the long term impact.

Local Laws Overview

Terminology. Louisiana uses DWI in the criminal statute, but DUI and DWI are commonly used to describe the same offense. Impairment can be based on alcohol, drugs including marijuana, prescription medications, or a combination.

Per se limits. 0.08 for most drivers age 21 and older, 0.04 for commercial vehicle drivers, and 0.02 for drivers under 21. You can still be charged based on impairment even if below these limits.

Implied consent. By driving in Louisiana, you are deemed to have consented to chemical testing of breath, blood, or urine after a lawful arrest for DWI. A refusal can result in a driver license suspension through the Office of Motor Vehicles and can be used as evidence in court. There are additional consequences for repeat refusals.

Administrative license suspension. If you test at or above the legal limit, or you refuse a chemical test, OMV can suspend your license even before any criminal conviction. You generally have a short deadline to request a hearing to contest the suspension, typically 30 days from the date of arrest or notice. A hardship license with ignition interlock may be available.

Penalties. Penalties increase with higher alcohol levels, prior offenses within the 10 year lookback period, and aggravating factors. A first offense typically carries fines, potential jail time that is often suspended, probation, community service, a substance abuse evaluation and treatment as recommended, a driver improvement program, and ignition interlock requirements in some circumstances. Second and subsequent offenses involve longer suspensions and mandatory jail. A third or subsequent DWI is a felony with severe penalties. Courts can also order vehicle seizure or immobilization in some cases.

Ignition interlock. Louisiana often requires an ignition interlock device to obtain a hardship license or to reinstate full driving privileges after a suspension or conviction. The required time period depends on the offense details and OMV directives.

Lookback period. Louisiana uses a 10 year cleansing period for enhancing penalties on subsequent DWIs. Time spent incarcerated does not usually count toward the cleansing period.

Checkpoints and stops. Sobriety checkpoints are permitted if conducted under constitutional guidelines. Officers must have reasonable suspicion to stop a vehicle outside of a checkpoint and probable cause to arrest.

Testing procedures. Law enforcement in Louisiana typically uses standardized field sobriety tests and approved breath testing instruments. If a blood test is sought and you do not consent, a warrant is generally required.

Local courts and prosecution. Lafayette City Court handles many misdemeanor DWIs arising within city limits. The Fifteenth Judicial District Court handles parish level misdemeanors, felonies, and city cases that are transferred or filed there. Cases are prosecuted by the Lafayette City Prosecutor or the Lafayette Parish District Attorney as appropriate.

Expungement. Many first offense misdemeanor DWIs may be eligible for expungement after a waiting period if you meet statutory criteria and have completed your sentence, with no disqualifying new convictions. Felony DWI expungement has stricter rules and a longer waiting period. Expungement removes the record from public view but does not erase it for law enforcement or some licensing bodies.

Frequently Asked Questions

Is there a difference between DUI and DWI in Lafayette

Louisiana law uses DWI as the formal charge. Many people say DUI to mean the same thing. In Lafayette, lawyers, courts, and police generally understand DUI and DWI to refer to the same offense of driving while intoxicated or under the influence.

What happens to my license after a DWI arrest

When you are arrested, the officer usually takes your physical license and issues a temporary receipt. If you failed or refused a chemical test, the Louisiana Office of Motor Vehicles can suspend your license through an administrative process. You usually have about 30 days from the notice to request a hearing. If you miss the deadline, the suspension typically starts automatically. A hardship license with ignition interlock may be available, depending on your case.

Should I refuse the breath or blood test

Refusal can reduce the evidence against you but often leads to an automatic license suspension and can be used against you in court. Louisiana also increases penalties for repeat refusals. The best decision depends on the facts, your driving history, and your priorities. If you refused a test, contact a lawyer quickly to address the administrative deadline.

Do I have to do field sobriety tests

Standardized field sobriety tests are voluntary in Louisiana. There is no separate license penalty for declining them, but refusing may not prevent an arrest if the officer believes there is probable cause. Performance on these tests can be challenged, especially if there were medical, footwear, surface, or lighting issues.

What are the penalties for a first DWI in Lafayette

Penalties can include fines, potential jail time that is often suspended for probation, community service, a substance abuse evaluation with any recommended treatment, a driver improvement course, and court costs. License consequences are handled through OMV and can include suspension and ignition interlock. Higher alcohol levels, a crash, a child passenger, or injuries can increase penalties. Exact outcomes vary by case and court.

Will my DWI be a felony

A first or second DWI is typically a misdemeanor in Louisiana. A third or subsequent DWI is a felony. Certain aggravating factors can also affect how the case is charged and sentenced. Your prior convictions within the 10 year lookback period matter.

Can I get a DWI off my record

Many first offense misdemeanor DWIs can be expunged from public view after a waiting period if all sentence terms are complete and you meet statutory requirements. Felony DWIs have stricter eligibility and a longer waiting period. Expungement is a separate court process and does not guarantee removal from all databases used by law enforcement or licensing boards.

What if I have a commercial driver license

Commercial drivers face stricter rules. A BAC of 0.04 or higher while operating a commercial vehicle can result in disqualification. A DWI or refusal can trigger a one year or longer disqualification of your CDL, even if the incident occurred in a personal vehicle. Federal regulations apply in addition to Louisiana law.

What if I am under 21

Louisiana has a 0.02 per se limit for drivers under 21. Alcohol or drug impairment can still be charged below that level. License suspensions and court outcomes can differ for underage drivers. Education, treatment, and ignition interlock conditions often apply.

Are there diversion or specialty court options in Lafayette

First time offenders in Lafayette may be eligible for a pretrial intervention or diversion program depending on case facts, the prosecutor, and court policies. Requirements often include classes, community service, treatment, and fees. Successful completion can lead to a reduction or dismissal, improving eligibility for expungement. Availability is case specific.

Additional Resources

Louisiana Office of Motor Vehicles for license suspensions, hearings, reinstatement, ignition interlock, and SR-22 information.

Lafayette City Court for misdemeanor cases arising within city limits.

Fifteenth Judicial District Court serving Lafayette Parish for parish level misdemeanors and felony DWIs.

Lafayette Parish District Attorney and Lafayette City Prosecutor for charging and diversion policies.

Fifteenth Judicial District Public Defender for eligible defendants seeking appointed counsel.

Louisiana State Police and the Louisiana Highway Safety Commission for statewide enforcement and safety resources.

Mothers Against Drunk Driving Louisiana for victim support and education.

Next Steps

Do not miss deadlines. Mark your court date and the OMV deadline to request a license hearing, which is typically 30 days from the arrest or notice. Missing the OMV deadline can result in an automatic suspension.

Talk to a local DWI attorney quickly. Early intervention helps protect your license and preserve evidence such as body camera footage, dash video, and 911 recordings. Ask about both the criminal case and the OMV process.

Gather documents. Keep the citations, the temporary license or suspension notice, tow or release paperwork, bond information, and any medical records relevant to your condition. Write down what happened before details fade.

Address transportation. Ask a lawyer whether you qualify for a hardship license with ignition interlock and what steps to take with OMV. Do not drive if your license is suspended.

Start proactive steps. Completing a substance abuse evaluation, recommended treatment, and a driver improvement course early can help with negotiations and sentencing. Discuss timing with your attorney so you do not inadvertently affect your legal strategy.

Protect your record. Ask your lawyer about diversion, plea options, and expungement eligibility. Decisions made early in the case can affect whether expungement is possible later.

This guide is general information. Laws and policies change, and outcomes depend on specific facts. Consult a licensed Louisiana attorney for advice about your situation in Lafayette.