If you have been charged with driving while intoxicated (DWI/DUI) it is important that you contact an attorney immediately. Legal deadlines begin to run immediately from the moment of your arrest. If missed, these deadlines can have serious repercussions for you and your way of life.

At Stockstill & Webre we take drunk driving charges seriously, using our experience and depth of knowledge to fight them and protect our client's record. Driving while intoxicated (DWI), is an enhanceable offense, which means that charges can get more serious with subsequent convictions. DWI laws are constantly changing. The laws are not getting easier. These changes in the law are making the consequences much harder on drunk drivers.

When a person is arrested for DWI, they face two very distinct legal proceedings. One legal proceeding deals with the possible suspension of their drivers license. This proceeding is before an administrative law judge with the Division of Administration. The second proceeding deals with your liberty. This proceeding is before a City or District Judge. In this proceeding you are being prosecuted by either a City Prosecutor’s Office or the District Attorney. You freedom is potentially on the line.

At Stockstill & Webre we go through a painstaking analysis of the case to construct a winnable defense. We know that most cases will be resolved without a trial. However, it is our experience that cases resolve in favor of our client when we vigorously defend our clients and have our cases fully prepared for trial.

Defending Dwi

Invalid Stop

The United States Supreme Court has held that an officer must have a reasonable suspicion of a criminal or traffic offense to stop the vehicle. If the officer does not have a reasonable suspicion, then the remedy is that the DWI charge must be dismissed. Just recently appellate decisions have held that a partially peeling inspection sticker was not a valid basis for a stop, and driving “too slow” was not a valid basis either.

Also, in this day and age where everyone has a mobile phone, more and more suspected drunk drivers are being pulled over based on a 911 call from a citizen. Louisiana law requires that, prior to being able to pull a vehicle over, the officer must obtain sufficient corroborating evidence from a caller to verify who the caller is, how they obtained their knowledge and what this knowledge is that leads them to conclude that someone is driving while intoxicated. If the officer does not obtain sufficient corroboration, the stop is invalid and the charge must be dismissed.

At Stockstill & Webre, we thoroughly investigate and pursue invalid stop defenses.

Invalid Arrest Defenses

In order for an arrest to be valid, the police officer making that arrest must have enough facts to conclude that there is probable cause that a person is driving under the influence. The major difference between “challenges to the arrest” and “challenges to the stop” is the burden of proof on the police officer. Whereas, a stop is justified by a reasonable suspicion, officers must have greater proof to arrest; they must have probable cause.

Most of the incriminating evidence gathered by a police officer in a DWI investigation occurs after an arrest. If an arrest is invalid because the police officer did not have sufficient proof for an arrest, any evidence obtained after the invalid arrest is not admissible in court. As an example, most breathalyzer test results are obtained only after a person has been arrested. If these results are obtained after an invalid arrest they will not be admitted in court. No tangible evidence coupled with an investigation that resulted in an invalid arrest amounts to a formidable defense. At Stockstill & Webre we thoroughly investigate and pursue invalid arrest defenses on behalf of our clients.

Inadequate Officer Observation Defenses

Many lawyers do not adequately investigate and challenge the officer’s general observations of the driver - for example that they had an odor of an alcoholic beverage, bloodshot eyes, slurred speech etc. There are many explanations for these symptoms that are not alcohol related. It is absolutely critical to investigate and be prepared to present evidence regarding 1) amount of sleep the client had within the last 24 hours; 2) whether clients mugshot supports officers testimony regarding bloodshot eyes; and 3) whether video evidence supports officers testimony regarding slurred speech, balance problems or other signs of intoxication.

Attacking the Field Sobriety Tests

The NationalHighway Traffic Safety Administration (NHTSA) developed the three tests that make up the standardized sobriety tests: the walk and turn test, one leg stand test and horizontal gaze nystagmus test. This agency’s testing reveals that the one leg stand test could only correctly predict a BAC of .10% or higher in 65% of those tested.

The field sobriety test is a subjective test which means that the test results are subjectively based on the officers interpretation of the test. It is absolutely necessary that the officer not only know how to administer the test, but which cues are significant or not. As an example, if a participant in the field sobriety test does not touch heal to toe in the walk and turn test, it is only significant if the distance between heal to toe is __________. If the distance between heal to toe is less than _____, this is not a cue for intoxication and this fact becomes meaningless. At Stockstill & Webre we know field sobriety testing just as good, or in some cases better, than the police officers who are testifying in our clients cases and use this knowledge to thoroughly attack field sobriety test results.

A DWI conviction can have a serious impact on your life. Jail time, increased insurance premiums, loss of employment, and substantial fines await the unprepared. At Stockstill & Webre, we understand that people make mistakes. We also know that people should not be required to endure the effects of mistakes for the rest of their lives. That is why we work hard at making sure every possible option has been looked at, criticized, thought about, and exercised.