DWI / DUI Charges in New Orleans | Metairie
Facing a DWI Charge in New Orleans? Don't Face It Alone.
At the Law Office of Phillips Law, we understand that being arrested for DWI is a serious and stressful experience. You may be worried about losing your license, going to jail, or how this charge could affect your future. That's why you need a dedicated New Orleans DWI lawyer with a proven track record of success, local courtroom experience, and a reputation for defending the accused with tenacity and skill.
Our legal team brings together over 15 years of experience and has handled more than 800 criminal cases. We've helped clients charged with everything from first-time DWIs to felony repeat offenses, and we know how to protect your future in Orleans Parish and beyond.
What Should You Do After a DWI Arrest in New Orleans?
The steps you take immediately after your arrest can make a big difference in the outcome of your case:
Remain silent. Politely decline to answer questions until your attorney is present.
Request legal counsel. This is your right—use it.
Document everything. Take notes on the circumstances of your arrest while they’re still fresh.
Request a DMV hearing. You only have 30 days to request a hearing or your license will be automatically suspended.
Contact an experienced DWI attorney. The sooner we get involved, the more we can do to help.
What You Can Expect From the DWI Legal Process
DWI cases in Louisiana follow a specific timeline. Our team will walk you through each step:
Arrest and booking: Officers will perform field sobriety tests, BAC testing, and then process you at the station.
Arraignment: You’ll enter a plea and learn more about the charges you’re facing.
Pre-trial hearings: We may file motions to suppress evidence, challenge the legality of the stop, or push for case dismissal.
Trial or plea negotiation: We’ll either defend you in court or work to reduce the charges.
Sentencing: If convicted, sentencing will vary depending on factors like prior offenses and BAC levels.
Penalties for a DWI in New Orleans Can Be Severe
Louisiana takes DWI offenses seriously. Potential consequences include:
Jail time (even for a first offense)
License suspension
Expensive fines and court costs
Mandatory community service
Probation
Ignition interlock device installation
Even a first-time conviction can have a lasting impact. Our goal is always to reduce or eliminate these consequences.
Why Choose Us as Your New Orleans DWI Attorney
Why Choose Us as Your New Orleans DWI Attorney
Choosing the right attorney can make all the difference. Here’s what sets our firm apart:
Local Insight: We know the Orleans Parish court system and the prosecutors who handle these cases.
Responsive Support: We keep you informed and involved every step of the way.
Proven Results: We’ve secured dismissals, reductions, and not-guilty verdicts for hundreds of clients.
Personalized Attention: Your case isn’t just another file—it’s your life.
Comprehensive Representation: From license reinstatement to expungement, we guide you through every step of your DWI defense.
From Mid-City to the French Quarter, we represent clients from every part of New Orleans and surrounding areas like Metairie, Gretna, and Algiers.
What a Trusted New Orleans DWI Lawyer Should Do for You:
You’re more than just a case number to us; your story matters, and we’re here to make sure it’s heard. Let’s face this together and work towards the best possible outcome. Here is what a trust defense lawyer should do for you:
1. Legal Representation
- Understand Charges: Explain the charges against you and the potential consequences after your DWI arrest.
- Develop Defense Strategy: Tailor a defense strategy based on the specifics of your case.
- Represent in Court: Advocate for you in court, ensuring your rights are protected at every stage.
2. Investigation and Evidence Gathering
- Collect Evidence: Gather and examine evidence, including witness statements, police reports, and physical evidence.
- Challenge Prosecution: Scrutinize the prosecution’s evidence and identify weaknesses or inconsistencies from law enforcement and the district attorney. This includes field sobriety tests and any blood alcohol (BAC) results.
- Expert Witnesses: Employ expert witnesses to support your defense.
3. Negotiation and Plea Bargaining
- Plea Deals: Negotiate with prosecutors to reduce your DWI charges or secure a more favorable plea deal and protect you from a criminal record.
- Dismissal or Reduction: Work towards getting your driving under the influence charge dismissed or reduced whenever possible.
4. Trial Preparation and Defense
- Pre-Trial Motions: File motions to suppress evidence or dismiss charges.
- Trial Strategy: Develop a compelling trial strategy, including opening statements, witness cross-examinations, and closing arguments.
- Defense Presentation: Present your defense effectively, aiming to create reasonable doubt.
5. Sentencing and Appeals
- Minimize Penalties: Advocate for the least severe penalties if a DWI conviction is inevitable.
Challenging Breathalyzer and Field Sobriety Tests
Breathalyzer and field sobriety tests are common tools law enforcement uses to determine whether a driver is under the influence of alcohol or drugs. However, these tests are not foolproof, and their results can often be challenged. At Phillips Law, our New Orleans DWI defense lawyers have extensive experience scrutinizing the accuracy and reliability of these tests to protect your rights and ensure a fair defense.
Understanding Louisiana Breathalyzer Tests
Breathalyzer tests measure your blood alcohol content (BAC) by analyzing a breath sample. While widely used, several factors can affect their accuracy:
- Calibration and Maintenance: Breathalyzers must be properly calibrated and maintained to provide accurate readings. An improperly calibrated device can produce false high BAC results.
- Operator Error: The individual administering the test must follow specific procedures. Mistakes in the administration process can lead to inaccurate results.
- Physiological Factors: Various physiological factors, such as medical conditions or the presence of substances like mouthwash, can skew test results.
Our New Orleans DWI lawyers carefully examine the calibration records of the Breathalyzer device and the qualifications and actions of the operator. We also consider any medical conditions or substances that could have affected your BAC reading.
Challenging Louisiana Field Sobriety Tests
Field sobriety tests typically include the walk-and-turn, one-leg stand, and horizontal gaze nystagmus tests. However, these tests are highly subjective and can be influenced by many factors:
- Physical Conditions: Injuries, medical conditions, or physical impairments can make it difficult to perform field sobriety tests accurately, even when not under the influence.
- Environmental Factors: Poor lighting, uneven surfaces, and adverse weather conditions can affect performance on these tests.
- Nervousness and Anxiety: The stress of being pulled over and tested can cause nervousness or anxiety, leading to poor performance.
We review the conditions under which the field sobriety tests were administered and question the objectivity and accuracy of the officer’s observations. By highlighting these factors, we can cast doubt on the validity of the test results. Whether your charge is out of New Orleans, Louisiana or elsewhere in the state, we use these defenses for sobriety tests.
Personalized Defense from Your New Orleans DWI Defense Lawyer
We understand every case is unique. Our customized defense strategies align with your specific circumstances and goals. We keep you informed with clear, straightforward advice and offer unwavering support from start to finish. Dedicated to justice, we explore every legal avenue, challenge all evidence, our New Orleans DWI lawyers will advocate fiercely for you.
- Personalized Defense: Every case is unique, and we treat it as such. We’ll develop a customized defense strategy that aligns with your specific circumstances and goals.
- Transparent Communication: We believe in keeping you informed every step of the way. Our team will provide clear, straightforward advice and ensure you understand your options.
- Unwavering Support: We’re with you every step of the way, from the initial consultation to the final resolution of your case. Our goal is to provide you with the support you need to move forward with hope and clarity.
- Relentless Pursuit of Justice: We are dedicated to achieving the best possible outcome for you. We’ll explore every legal avenue, challenge every piece of evidence, and advocate fiercely on your behalf.
For general information about our firm, including how we handle client communication, legal fees, free consultations, and more about our office, visit our FAQ General Page to find detailed answers and learn more about our commitment to you.
Frequently Asked Questions
Frequently Asked Questions
Will I lose my license after a DWI arrest?
Not automatically. You must request an administrative hearing with the Louisiana DMV within 30 days of your arrest. If you miss this deadline, your license will be suspended. We can help you file this request and represent you at the hearing to increase your chances of keeping your driving privileges.
Can a DWI be dismissed in New Orleans?
Possibly. Dismissals typically occur when there are legal flaws in the case—such as an unlawful traffic stop, procedural errors, or unreliable test results. While dismissal isn’t guaranteed, our attorneys carefully investigate every detail to identify any grounds for challenging the prosecution’s evidence.
What if this is my first offense?
First-time DWI offenders in Louisiana can still face serious penalties, including jail time, fines, and license suspension. Diversion or deferred sentencing options may be available in some parishes—like Orleans Parish—but they are not guaranteed and depend on your case details and the district attorney’s discretion.
How long will a DWI stay on my record in Louisiana?
A DWI conviction remains on your criminal record permanently unless it is expunged. However, Louisiana uses a 10-year lookback period to determine whether future DWI offenses will be treated as repeat offenses. Expungement eligibility depends on meeting certain criteria.
Can a DWI affect my job or professional license?
Yes. Many employers conduct background checks, and a DWI conviction can lead to suspension or revocation of professional licenses—especially in fields like healthcare, law, and education. It’s important to act quickly to minimize these risks.
What areas do you serve?
We represent clients throughout New Orleans and nearby communities, including Metairie, Gretna, Algiers, the French Quarter, Lakeview, and other parts of Southeast Louisiana.
For more answers to your DWI questions, visit our DWI FAQ page.
Don't Wait-Contact Us Today
Don’t let fear and uncertainty control your future. Take the first step towards reclaiming your life. At Phillips Law, we’re more than just DUI attorneys – we’re your partners in navigating this challenging journey.
When you reach out to us, you’re not just hiring a lawyer; you’re gaining a team committed to aggressively defending your rights. We’ll provide clear guidance, unwavering support, and work tirelessly to protect your reputation, minimize financial strain, and reduce the stress on your family.
The sooner you act, the more options you may have. Whether you were pulled over in the French Quarter, arrested on Claiborne Avenue, or stopped in Metairie, we know the local laws and courts that apply to your case.
Call us now at 504-434-7000 to schedule your free consultation. Every moment counts – contact us today and take the first step towards a brighter, more secure future.