Alcohol & Drugs: DUI, DWI Second DWI Without Physical Proof

[vbrown87]

My jurisdiction is: New Orleans, LA

I am trying to help my boyfriend fight his second DWI case, without a lawyer. I will try to keep it to the point.

First DWI: He got charged with DWI at 17. His family hired a lawyer to help them get it straightened out. Hurricane Katrina hit. Boyfriend couldn't get in touch with the lawyer, went to the courthouse and admitted guilt, to get it over with. He was charged as an adult.

Second DWI: This past summer (he is 22), he got pulled over in the French Quarter after a glass of wine after work. Officer who wrote the report messed it up, stating that, while making a right turn, his left rear wheel hit the curb. Can this inconsistency help us? Boyfriend requested his field sobriety test to be taped, though it was not. Boyfriend refused breathalyzer at the station.

At this time, we have a public defender since we do not have money for a lawyer. At the last court date, the public defender was trying to get him to change his plea to guilty. He is not helping much with our case. A friend told me that we should request another public defender. She also suggested that we request a jury trial, where they will have to prove to a jury that he was drunk. We are hoping that somehow it will get thrown out, hopefully by inconsistencies in the report.

Is there a way to repress his previous DWI, get the charge reduced to a lesser charge? Will the fact that they didn't tape his sobriety test change anything? The fact that the report is inaccurate? The countless continuances of the trial? Can anything help us?

If he is convicted, I understand that his license will be suspended for 18 months. Does anyone know if this also would carry jail time and what kind of fines?

Thank you.

 

[raskalnikov]

LA is known to be quite 'UNIQUE' when it comes to the law.

Was he given a blood test at the station after refusing the breath test?

As far as license suspensions go, it varies by State. For example, in Michigan if you had 2 DUIs within 7 years (Now that time frame is expanding) your license is revoked, and you can't even apply for a new one for one year, then you have to get a car with a breathalyzer in most situations, etc. So, you should check out the law regarding what happens to one's driver's license in this instance.

I doubt there is a right to have one's field sobriety taped. Did he do it anyway, and then fail in the eyes of the officer?

As far as jail time goes, it varies. . .

 

[vbrown87]

LA is known to be quite 'UNIQUE' when it comes to the law.

Was he given a blood test at the station after refusing the breath test?

I doubt there is a right to have one's field sobriety taped. Did he do it anyway, and then fail in the eyes of the officer?

Thank you for responding!

La. does do things very..differently.

He did not take a blood test, either. They have no phsyical evidence he was drunk. (No breathalyzer, no video tape, no BAC)

I had posted to another forum and someone had told me that according to the Louisiana Driver's Handbook, simply by refusing a breathalyzer his license would be suspended 180 days. Because this is his second offense, they say license suspension for 545 days.

I am planning to speak with some lawyers for "free consultations" and hope I can get some valuable information out of them. Do you think we can get the charges reduced, possibly to reckless driving or DWAI?

 

[raskalnikov]

If the infraction were in Michigan, from what you've said, I'd say the odds are extremely high that the prosecutor would reduce the charge to Reckless. But again, that depends on counties in Michigan, and likely, LA. . . For example, Oakland County Michigan almost never plea deals, wheras Ingham County almost always does. . . Sadly, a lot of what will happen depends more on chance than anything else. . . Judges within counties sometimes vary greatly. . . as do Prosecutors. . . etc.

It's very smart to get free consultations, but know that these are in many ways high-pressure situations that will make you want to hire them.