Blog/News
You were arrested. You made bond. Now a paper in your hands lists a date for “arraignment,” and you have probably been worrying about it ever since.
The reality is simpler. Arraignment is usually the briefest proceeding in your whole case. It often lasts only a few minutes. Still, the things you do there, and the things you avoid doing, remain important.
Arraignment Is Not a Trial
A lot of people come to arraignment expecting to be decided upon. That is not what happens.
No one determines guilt at arraignment. There is no jury. No witnesses testify. No evidence is introduced. No one asks you to tell your side.
Arraignment is a procedural court appearance. Its purpose is to officially begin the case in court. Nothing more.
Three Things Happen at Arraignment
1. The charge is read. The court announces what the State claims you did. In actual practice, your attorney will often waive the formal reading, since you already know the charge and there is no need to spend time on it.
2. You enter a plea. In nearly every case, that plea is not guilty.
3. The judge sets your next date. This becomes the working schedule for your case: motion deadlines, hearings, and ultimately a trial date.
After that, you leave. For many people, the toughest part of arraignment is simply waiting in the hallway beforehand.
Why “Not Guilty” Is Not a Lie
This is where many people get stuck. Some feel uneasy saying “not guilty” when they know something happened that night.
A not guilty plea at arraignment is not a declaration about the facts. It is a placeholder. It keeps every path available.
Consider your position at arraignment. Your lawyer may not yet have the police report. Discovery has not been produced. No one on your side has reviewed body camera footage, examined lab results, or tested whether the stop or search was lawful.
If you plead guilty on day one, you surrender leverage before anyone has examined the evidence. A not guilty plea preserves that leverage while your lawyer determines whether the State can actually prove the case.
What Does Not Happen at Arraignment
Since no one is making substantive decisions, arraignment is not the moment to explain yourself.
Do not give the judge your version of events. Do not debate the prosecutor. Do not discuss the case with anyone in the courtroom, the hallway, or the parking lot.
What you say at arraignment does not help you. It becomes part of the record. If you have something to say about the case, speak privately with your lawyer.
Why Arraignment Still Matters: The Clock Begins
If the hearing is so short, why does it matter?
Because it starts the clock. Once you enter your plea, the deadlines that drive the case begin running. Discovery. Motions to suppress evidence. Motions to quash. The trial setting.
That period between arraignment and trial is where cases are actually won. It is the stage where your lawyer obtains the evidence, identifies weaknesses, and challenges what the police did. Some of those challenges have deadlines tied to arraignment. If you miss them, you may lose the chance to raise them.
That is why it matters who stands beside you on that first court date.
Your One Job: Show Up. Be on Time.
At arraignment, your only job is to appear and arrive early.
If you miss arraignment, the court can issue an attachment for your arrest and place your bond at risk. Then you have two problems rather than one, and the second is completely avoidable.
A few practical rules:
-Arrive early. Security lines and crowded courtrooms consume time.
- Dress as though it matters. The judge is forming an impression of you. Dress accordingly.
- Check in with your lawyer before your case is called.
- Turn off your phone. Better still, leave it in the car if you can.
- Let your lawyer do the talking.
Before Your Arraignment, Speak With a Lawyer
The best time to retain a criminal defense lawyer is before your first court date, not afterward. A lawyer involved from arraignment onward can move discovery forward, protect your deadlines, and begin building a defense while the evidence is still fresh.
Be polite. Be quiet. Fight SMART.
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*Stephen D. Hébert is a criminal defense attorney and former prosecutor with offices in New Orleans and Gretna. He represents clients in Orleans, Jefferson, St. Charles, St. John, Lafourche, and Terrebonne Parishes, as well as in federal court. If you have an upcoming arraignment, call (504) 250-6020.*
*This article is for general information only and is not legal advice. Every case is different. Reading this article does not create an attorney-client relationship.*
Here's what they won't explain at the roadside.
The walk-and-turn. The one-leg stand. Follow-the-pen with your eyes. These are field sobriety tests, and in Louisiana, they're voluntary. You can decline them.
They're Not a Test — They're Evidence Collection
Field sobriety tests aren't things you pass. They're evidence being built against you in real time.
Start too soon. Sway once. Step off the line. Every one of those goes into the officer’s report as a “clue” of impairment. The tests are scored, and the scoring is built to find clues, not to clear you.
Why Sober People Fail
Sober people give up “clues” every single day, for reasons that have nothing to do with alcohol:
• Bad knees or an old injury
• A gravel or uneven roadside shoulder
• Cold weather
• Nerves, because you're standing on the side of the road with lights flashing behind you
• Headlights and patrol lights in your eyes while you're trying to balance
None of that helps you. And by the time you're asked to perform these tests, the officer has often already decided how the results will read.
How to Decline, the Right Way
You don't need to argue, lecture, or try to prove you're fine. Keep it short and polite:
“Officer, I’m not doing the roadside tests.”
Then stop talking.
Roadside Tests vs. the Chemical Test: Know the Difference
This is the part people get wrong most often, and it matters.
The field sobriety tests at the roadside are voluntary. The chemical test — breath or blood, usually administered at the station — is a different matter entirely. It's governed by Louisiana's implied consent law, and refusing it carries its own consequences, including an automatic license suspension.
That's a separate decision, with separate stakes. It's also the moment to ask for a lawyer.
The Bottom Line
Decline the roadside tests. Stay polite. Stay quiet. Understand that the chemical test is a different question with real consequences attached — and get a lawyer involved before you decide how to handle it.
Be polite. Be quiet. Fight SMART.
Stephen D. Hébert is a criminal defense attorney and former prosecutor representing clients across Orleans, Jefferson, St. John, Terrebonne, Lafourche, and St. Charles parishes, and in federal court for the Eastern District of Louisiana. If you or someone you know has been arrested for DWI, contact the firm at (504) 250-6020.
The headlines this summer said Louisiana just cracked down on repeat drunk drivers. That's true, but not in the way most of the coverage suggested. Read the news reports and you'd think every second, third, and fourth DWI in the state now carries years of mandatory prison. That is not what House Bill 82 did.
HB 82 took effect August 1, 2026. It is a narrow enhancement. It does not touch the ordinary penalty ladder for repeat DWI. It reaches one specific group of people, and if you are not in that group, your exposure did not change.
Here is what the law actually does.
The trigger: a prior conviction for one of three crimes.
HB 82 only applies when the person facing a repeat DWI has already been convicted of one of these three offenses:
- Vehicular homicide, R.S. 14:32.1
- Third degree feticide, R.S. 14:32.8
- First degree vehicular negligent injuring, R.S. 14:39.2.
An equivalent conviction from another state counts too. If none of those is in your record, HB 82 does nothing to your case. Your penalty is governed by the same repeat-DWI statutes that were already on the books, and those were left alone.
That single fact is the whole ballgame, and it is the part the news coverage skipped.
What changed for people who do have that prior
Before HB 82, the enhanced penalty for a DWI with one of those serious priors existed only at the second-offense level. The Legislature took that idea and extended it up the ladder, and stiffened it along the way.
On a second offense with a qualifying prior, R.S. 14:98.2(D) now sets the sentence at two to five years, with at least one year served without benefit of parole, probation, or suspension. The old floor was one year, with six months without benefits. Both went up.
On a third or subsequent offense with a qualifying prior, R.S. 14:98.3 now carries a $2,000 fine and five to fifteen years, with at least five years without benefits. This is new. Before HB 82, there was no separate third-offense enhancement tied to those priors.
On a fourth or subsequent offense with a qualifying prior, R.S. 14:98.4 now carries a $5,000 fine and twelve to thirty years. None of that sentence can be served with benefit of parole, probation, or suspension, and none of it can run concurrently with any other sentence the person owes. Again, new.
Two features run through all of it. The mandatory minimums cannot be served on home incarceration. And on the fourth-offense provisions, the sentence stacks. It runs consecutively to whatever else the person is serving.
Why the distinction matters
If you drink and drive and pick up your third DWI, and your record is nothing but DWIs, HB 82 did not raise your ceiling. That is worth saying plainly, because a client who reads a scary headline and assumes the worst makes bad decisions. Fear pushes people into pleas they don't need to take.
The people HB 82 actually reaches are a small and specific group: repeat DWI offenders who have already put someone in the hospital or the ground behind the wheel. For that person, the numbers are real and the exposure is serious. Twelve years without parole, running consecutive to everything else, is a sentence that ends a life as the person knew it.
Where the fight is
An enhancement is only as good as the prior it rests on. To use HB 82 against someone, the State has to prove that qualifying prior conviction, and prove it is one of the three the statute names. Not a similar-sounding charge. Not a reduced plea to something else. The specific offense, or a genuine out-of-state equivalent.
That is real ground to litigate. What was the person actually convicted of, and does it match the statute? Is the out-of-state offense truly equivalent, element for element, or just similar in name? Is the predicate valid, or was it a plea taken without counsel? These are the questions that decide whether the enhancement applies at all. They get answered before trial, in writing, on the record.
This is what I mean by Fight SMART. The loudest response to a tough new law is panic. The useful response is precision. You read the statute, you find the element the State has to carry, and you make them carry it.
If you or someone in your family is facing a DWI in New Orleans, Jefferson, or the surrounding parishes, and there is a serious prior in the picture, the details of that prior are the case. Don't guess at where you stand from a news story. Get the record pulled and get it read by someone who knows what the State has to prove.
Stephen D. Hébert is a criminal defense attorney and former prosecutor practicing in Orleans, Jefferson, and the surrounding parishes, and in federal court. (504) 250-6020.
Most laws the Legislature passes in a regular session go on the books August 1. This year's session leaned hard in one direction. Prosecutors picked up new tools, penalties went up, and a few new crimes were written into the code. A handful of changes cut the other way.
Here is what changed on the criminal side, and what it means if you or someone in your family is facing charges in Louisiana.
Prosecutors Can Now Move Your Bench Trial to a Different Judge
This is the biggest change for anyone charged with a crime, and most people have never heard of it.
When you are charged with a felony, you have the right to choose a jury trial or a bench trial, where a judge alone decides the case. Choosing a bench trial has always been a real strategic decision. You knew who your judge was, and you weighed whether that judge was the right person to hear your defense.
Under House Bill 310, that changes. In courts with at least three judges, when a defendant waives a jury and elects a bench trial, the prosecutor can have the case pulled from the assigned judge and randomly reassigned to another judge in the division. The judge who has been living with your case does not get to hear it.
The Attorney General and the bill's sponsor called it an end to "judge shopping." Whatever you call it, the effect is that the State now has a say over who tries your case when you give up your jury. That is a tool the defense used to hold alone, and it is gone. If you are thinking about waiving a jury, that decision now carries a new risk, and it needs to be made with clear eyes.
Harsher Penalties for Repeat DWI
House Bill 82 raises the stakes for anyone with a prior DWI on their record. Under the new law, a second DWI carries a $2,000 fine and at least two years in prison without benefits. A fourth DWI can mean at least twelve years behind bars and up to $5,000 in fines. Third and fourth offenses were already felonies in Louisiana. Now the floor is higher.
If you are arrested on a second or subsequent DWI after August 1, the exposure is serious and the time to fight it is at the front end, before the case hardens.
Sleeping in Public Is Now a Crime
House Bill 211, called the "Streets to Success Act," makes it a crime to sleep in a public space that is not a designated campground. That covers sidewalks, underpasses, and parks. A first conviction carries up to $500 in fines, up to six months in jail, or both. Repeat offenders face more.
The law also lets local governments set up "Homelessness Courts," where a person charged under the statute can avoid jail by completing at least twelve months of mandatory mental health or substance abuse treatment. Whether that pathway actually exists in a given parish will depend on whether local officials build it.
New Crimes for AI-Generated Images
Louisiana wrote several new crimes into the code aimed at artificial intelligence.
House Bill 119 expands the state's criminal statutes on AI-generated sexual imagery. Anyone who knowingly creates or possesses AI-generated material depicting a minor in sexual conduct faces five to twenty years at hard labor, a fine of up to $10,000, or both, with at least five years to be served without parole, probation, or suspension of sentence. The law also creates new offenses for possessing and sharing AI-generated sexually explicit images of an adult without consent.
A separate measure, House Bill 459, requires political advertisements that use materially altered AI images, audio, or video to disclose that AI was used. Violations carry up to $10,000, up to two years, or both.
There is also a courtroom piece worth knowing. A 2025 law now governs how AI-generated evidence comes into a Louisiana trial. A party who intends to use it has to give notice before trial, and the judge can hold a hearing to decide whether it is authentic and admissible before a jury ever sees it. If you have a case where a photo, a recording, or a video is doing the heavy lifting, that procedure matters.
Police Need a Reason to Stop Your Boat
Not every change this year favored the State. Wildlife agents and other officers can no longer randomly stop and board boats in Louisiana waters without cause. Officers now need a reason to initiate a stop, the same basic protection drivers already have on the road. For anyone who spends time on the water, it means an officer cannot pull you over on the water on nothing more than a hunch and use whatever they find.
The Caleb Wilson Hazing Prevention Act
House Bill 636 is named for a Southern University student who died in 2025 after a fraternity hazing ritual. The law redefines hazing under state statute, requires annual prevention training for student organizations, and shifts accountability from individual members to entire organizations. A group responsible for a hazing death can be permanently banned, and organizations can no longer dissolve and re-form under a new name to dodge the consequences.
Balloon Releases
A smaller one that will catch people off guard. Act 196 makes it illegal to intentionally release Mylar or latex helium balloons outdoors, treating an organized release as criminal littering. Memorial releases and graduation send-offs are covered. Biodegradable balloons are the exception.
Changes to the Orleans Parish Courts
The session also reshaped the courts in New Orleans. The Legislature abolished the Orleans Parish Clerk of Criminal Court and folded those duties into the civil clerk's office. It also passed a measure cutting the number of Criminal District Court judges from twelve to nine, though that reduction takes effect January 1, 2027, not this August. And lawmakers gave themselves new authority to remove judges for malfeasance.
These are structural changes, not new crimes, but they affect how CDC runs day to day, and anyone with a case moving through that courthouse will feel the effects over the next year.
If You Are Facing Charges
Laws like these change the ground under a case before you ever walk into a courtroom. The move that made sense last year may not make sense now, and some of these changes will not show up until you are already in the middle of a case.
If you are facing charges in Orleans, Jefferson, or the surrounding parishes, the time to understand your options is early, while decisions are still open. That is the work.
Stephen D. Hébert is a criminal defense attorney in New Orleans and Gretna, handling state and federal cases across the greater New Orleans area. Stephen D. Hébert, L.L.C. — 700 Camp Street, Suite 216, New Orleans, LA 70130 — (504) 250-6020 —
How the Choice Works, and What Changes on August 1
When you are charged with a crime in Louisiana, one of the most important decisions in your case has nothing to do with the evidence. It is who decides your fate: a jury of citizens, or a single judge. That choice belongs to you, made with your lawyer. And as of August 1, 2026, the rules around that choice have shifted in a way every defendant in New Orleans and Jefferson Parish should understand. The two options, in plain terms In a jury trial, a group of citizens hears the evidence and decides whether the State proved its case. For the most serious felonies, that jury is twelve people, and every one of them must agree to convict. For less serious felonies, it is six people, and again all six must agree. Most misdemeanors are decided by a judge alone. And in a capital case, where the death penalty is on the table, you cannot give up your right to a jury. The law does not allow it. In a bench trial, sometimes called a judge trial, there is no jury. The judge hears the evidence, applies the law, and returns the verdict alone. In most felony cases, a defendant has the right to give up the jury and choose this route. That decision is called a waiver. Neither option is automatically better. The right choice depends on the charge, the facts, the law at issue, and the room you are standing in.
Why a defendant might want a jury
A jury spreads your fate across many people instead of one. Because the verdict has to be unanimous, the State must convince every single juror beyond a reasonable doubt. Your lawyer's job is to plant real doubt, and a single unconvinced juror can stop a conviction cold. Juries also bring common sense and life experience into the courtroom. When a case turns on whether a witness is believable, or when a client has a human story worth hearing, a group of people from the community is often better equipped to see it than anyone else. If the facts favor a fair-minded, sympathetic reading, a jury is frequently where that reading lives. Why a defendant might want a judge Some cases are won on the law, not on emotion. When a defense turns on a technical or complicated legal point, a judge grasps it quickly and rules on it cleanly. A jury, through no fault of its own, can get lost in the same argument. A judge can also be the better choice when the facts are ugly but the law is on your side. If evidence is likely to inflame a jury even though it does not actually prove guilt, a judge is trained to separate what is disturbing from what is proven. Traditionally, a bench trial was also the faster, leaner path, with no jury selection and fewer moving parts. And when a case had landed in front of a judge known to be thoughtful and fair, some defendants chose to place the decision in that judge's hands. Those last two reasons are exactly what the new law affects.
What changes on August 1, 2026
Under a new law that took effect this month, choosing a bench trial in Louisiana's larger courts now comes with strings attached. Here is how it works. In any parish where three or more judges handle criminal cases, which includes Orleans Parish and Jefferson Parish, filing a motion to give up the jury now triggers an automatic reshuffle. The moment the waiver is filed, the case is randomly reassigned to a different judge. The judge who originally had your case no longer hears it. In smaller parishes with only a judge or two, the new rule may not apply. The prosecutor, meanwhile, gets a say that you do not. Within ten days, the District Attorney can file to block the reassignment and keep the original judge. The defense has no matching power. In practice, that means the State can hold onto a judge it likes, while the defendant can no longer count on the judge who was already assigned. There is one more piece worth knowing. When a waiver leads to reassignment, the clock that governs how quickly your case must be brought to trial resets and starts over. So a decision that once moved a case faster can now slow it down. The plain effect is this. Two of the traditional reasons to choose a bench trial, keeping a favorable judge and moving quickly, have both been narrowed. That does not take a bench trial off the table. It means the decision now carries costs it did not carry before, and it has to be made with clear eyes.
What did not change, and what may come next
The core right survived. You can still give up a jury and choose a judge in most felony cases, and the State cannot yet veto that choice outright. Lawmakers did consider going further this year. One proposal would have required a prosecutor's permission before a defendant could waive a jury at all. That measure did not pass, but the effort behind it is not going away, and it may return in a future session. The Legislature also recently removed the right to a jury trial in misdemeanor DWI cases. The direction is clear enough: jury access is being narrowed, one law at a time. The bottom line The choice between a judge and a jury is one of the highest-stakes decisions in any criminal case, and it is more complicated in Louisiana today than it was a year ago. There is no formula. The right answer comes from a close look at your charge, your evidence, the court you are in, and the timing rules that now come attached. That is a conversation to have early, and to have with a lawyer who tries these cases and knows how the new rules play out on the ground.
--- *This article is general information about Louisiana law, not legal advice, and it does not create an attorney-client relationship. Every case is different. If you are facing criminal charges in the New Orleans or Gretna area, Stephen D. Hébert, L.L.C. is available to talk through your situation. Call 504-250-6020.*
If you’ve been charged with DWI in Louisiana, one of the most important questions is whether the State can prove you have a “prior offense.” That single issue can dramatically increase penalties, exposure to jail time, and long-term consequences.
But what actually counts as a prior DWI in Louisiana? The answer is more complicated than most people realize.
1. The Basic Rule: Prior Convictions Within the “Cleansing Period”
Louisiana uses what’s called a “cleansing period”—a look-back window during which prior DWI convictions can be used to enhance a new charge.
As of 2026, the State generally looks at whether you have prior DWI convictions within the applicable statutory period (often 10 years, depending on how the time is calculated).
If a prior offense falls outside that window, it may not count.
2. Out-of-State Convictions Can Count
Many people assume that only Louisiana DWIs matter. That’s incorrect.
Louisiana can use DWI convictions from other states—such as Texas, Mississippi, or Alabama—if the prior offense is substantially similar to Louisiana’s DWI law.
However, just because a conviction exists doesn’t automatically mean the State can use it.
3. The State Must Prove the Prior Conviction Is Valid
This is where things get legally significant.
To use a prior DWI for enhancement, the State must prove that the earlier conviction was constitutionally valid. That often involves showing that the defendant knowingly and voluntarily waived certain rights under Boykin rights when entering a guilty plea.
Those rights include:
- The right to a trial
- The right to confront witnesses
- The privilege against self-incrimination
If the record does not show a valid waiver of those rights, the prior conviction may be subject to attack.
4. Representation by Counsel Alone May Not Be Enough
A common issue arises when the State proves that a defendant had a lawyer in the prior case—but there is no clear record of a proper Boykin colloquy.
In some situations, simply showing representation by counsel is not sufficient to establish that the plea was constitutionally valid. The burden may shift depending on the evidence, but these cases often become highly technical—and highly defensible.
5. The Burden of Proof Matters
Louisiana courts follow a burden-shifting framework in DWI enhancement cases:
- The State must first prove the existence of the prior conviction
- Then, the defendant can challenge its constitutional validity
- The burden may shift back to the State to prove the plea was valid
This is where experienced legal analysis can make a major difference in the outcome of a case.
6. Why This Issue Is So Important
Whether a prior DWI counts can mean the difference between:
- A misdemeanor vs. a felony
- Minimal penalties vs. mandatory jail time
- A manageable situation vs. life-altering consequences
In other words, this is often the most important legal issue in a DWI case.
7. Every Case Is Fact-Specific
No two DWI cases are the same. The details of prior convictions—especially out-of-state cases—must be carefully reviewed, including:
- Court records
- Plea transcripts
- Waiver forms
- Representation history
What looks like a “prior” on paper may not hold up in court.
Final Thought
If you are facing a DWI charge in Louisiana and have prior offenses—whether in-state or out-of-state—do not assume the State can automatically use them against you.
A careful legal review of those prior convictions can sometimes change the entire trajectory of your case.
If you have questions about how prior DWI offenses may affect your case, it’s worth getting a detailed legal evaluation before making any decisions.
If you or a loved one has been arrested in Jefferson Parish, one of the first questions that comes up is whether the charge is a felony or a misdemeanor. This distinction is extremely important because it determines where the case will be prosecuted, the potential penalties involved, and how serious the long-term consequences may be.
In Louisiana, a misdemeanor is generally considered a less serious offense. Most misdemeanors carry a maximum penalty of up to six months in parish jail, along with possible fines, probation, and court costs. Common misdemeanor charges in Jefferson Parish include first-offense DWI, simple battery, theft involving smaller amounts, disturbing the peace, and certain domestic violence offenses depending on the circumstances.
Misdemeanor cases are typically handled in one of two courts. Cases arising on the East Bank of the Mississippi River are prosecuted in First Parish Court in Metairie, while cases from the West Bank are prosecuted in Second Parish Court in Gretna. These courts tend to move quickly, and defendants are often required to make critical decisions early in the process. For that reason, it is important to understand the charge and seek legal advice as soon as possible.
A felony, on the other hand, is a much more serious criminal offense. Felonies carry the possibility of significant jail or prison time, substantial fines, and lasting consequences that can affect a person’s future for years. A felony conviction may impact employment opportunities, professional licenses, housing options, and even the right to possess firearms.
Examples of felony charges prosecuted in Jefferson Parish include drug distribution offenses, felony theft, burglary, aggravated battery, armed robbery, and repeat DWI charges. All felony cases in Jefferson Parish are handled in the 24th Judicial District Court in Gretna. Unlike misdemeanor proceedings, felony cases involve multiple stages, including bond hearings, arraignments, motion practice, and in some situations, grand jury proceedings and jury trials. These cases often take considerably longer to resolve and require a carefully planned defense strategy.
The difference between a misdemeanor and a felony is not just about the potential sentence. It also affects how quickly a case moves, the procedures involved, and the long-term impact of a conviction. In some situations, a charge that begins as a misdemeanor can later become a felony, particularly when a person has prior convictions. Repeat DWI offenses and certain domestic violence or theft cases are common examples of charges that can escalate in seriousness.
Because of these high stakes, early legal representation is critical. The initial stages of a criminal case often present the best opportunities to challenge probable cause, negotiate reduced charges, or seek dismissal. Waiting too long to consult an attorney can limit available options and place a defendant at a significant disadvantage.
If you or a family member has been charged with a crime in Jefferson Parish, understanding whether the charge is a felony or misdemeanor is the first step toward protecting your rights. The right legal strategy from the beginning can make a substantial difference in the outcome of the case and in your future.
A DWI arrest in Louisiana can be overwhelming, especially if it is your first experience with the criminal justice system.
For Jefferson Parish DWI arrests, the location of the arrest determines which court has jurisdiction. DWI offenses occurring on the East Bank of the Mississippi River, including Metairie and Kenner, are prosecuted in First Parish Court in Metairie. Arrests occurring on the West Bank, including Gretna, Harvey, Marrero, and Westwego, are prosecuted in Second Parish Court in Gretna. Understanding what happens next can help you make informed decisions and avoid costly mistakes.
After a DWI arrest, you are typically taken into custody and either booked into jail or released once bond is set. In many cases, your driver’s license is seized at the time of arrest, and you are issued a temporary permit. This temporary license is only valid for a limited period, and you must act quickly if you want to challenge the suspension.
On the criminal side, the case proceeds through arraignment, pretrial conferences, and potentially trial. Prosecutors must prove that the stop was lawful, that you were impaired, and that any chemical testing was properly administered and reliable. These are not automatic conclusions, and each step is open to legal challenge.
Louisiana law imposes increasing penalties for repeat DWI offenses, making it especially important to handle even a first arrest carefully. A conviction can also have consequences beyond court, including higher insurance premiums and restrictions on driving privileges.
A Louisiana criminal defense attorney can guide you through both the criminal case and the administrative license process, ensuring deadlines are met and defenses are preserved. Early representation often provides the greatest opportunity to reduce charges, suppress evidence, or seek alternatives to conviction.
Stephen D. Hebert, LLC represents clients charged with DWI offenses throughout Louisiana and works to protect their rights at every stage of the process.