While a DUI/DWI is an unfortunate event, it does happen. If you have been charged with driving while under the influence, it is important that you know your rights. Whether you are wrongly charged, or feel that your punishment is too harsh given the community standards, it can be worth having a second opinion. Here at Mark A. Vicknair, Attorney at Law, we will evaluate your situation and provide guidance.
In the state of Louisiana, the penalties for a DUI/DWI can be severe. Here is what you can expect depending on the number of charges you have accumulated:
1st Offense: 2-6 days jail time, $1,000 fine, 90-day license suspension
2nd Offense: 1-6 months jail time, $1,000 fine, 1-year license suspension
3rd Offense: 45 days to 5 years jail time, $2,000 fine, 2-year license suspension
4th Offense: 75 days to 30 years jail time, $5,000 fine, 2-year license suspension
While a DUI is a serious offense, the sentencing and charging can be too severe. If you feel that you are being wrongfully charged with a DUI and have been given any of the sentences above, here is how we can help:
- Sue for wrongful arrest. If it is believed that you were arrested without reasonable belief on the part of the officer, you can be cleared.
- Sue for being set up. If you feel that you were targeted by an officer, your voice needs to be heard.
- We can have your arrest record cleared. Whether you were rightfully or wrongfully convicted, you have rights in regards to clearing up your arrest record.
Disturbing the Peace
There is a gray area in terms of fair charges as the offense leaves room for subjection. What one officer may make an arrest on, another might give a warning. If you have any doubt whatsoever, consider seeking our help to have your case reviewed. It could be determined that what should have been a warning turned into an arrest, and we may be able to fix that.
Minor in Possession
If you are a minor charged with possession, or if you know of a minor in said circumstances, consider having your case reviewed. Depending on the amount in possession, as well as the original source of the paraphernalia, a lesser sentence can be received, if not a total expungement.
Another potentially subjective ruling, a charge of public intoxication is not a guaranteed sentence. If you feel that an officer was too rough with you or not understanding of your situation, you may want to have your side of the story reexamined in the court of law. It could be that not all of the information was given on either side of the incidence, or that not all witnesses were heard.
If you feel that you or someone you know was wrongfully charged with any of the following, contact us today so that we can take a second look!