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  #1  
Old 06-02-2009, 02:16 AM
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Join Date: Jun 2009
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FIrst DWI New Orleans. Need Advice PLease


Louisiana

I went out and had a few drinks with some friends. on my way home about 3 minutes from my house I got stopped and I got my first DWI early SAt morning. They gave me a dwi and reckless operation ticket for swerving. I had actually missed my exit on the interstate because of an incoming phone call that I had answered. I veered to the right to take the exit and then moved back into my lane when I realized i was unable to make the exit. He stopped me right there. I took the field sobriety tests. He turned me and cuffed me then brought me to the station. The officer said I did fine on the sobriety tests. I refused several times to blow, then finally did. The test was 2.5 hours after I was arrested. I blew a .126. I was taken to Central lockup where I spent 16 hours in a prison holding cell with about 90 others. I am talking with a lawyer right now. I am a reistered nurse on an ICU unit in hospital. I am on a waiting list to get into Anesthesia school for August. No other driving history. No criminal history. I never been in trouble with the law. What can I expect?


What are my chances of getting a pre trial diversion or an Article 894
What am looking at as far as penalties

If anyone has advice It would be greatly appreciated.

Thanks
  #2  
Old 06-02-2009, 07:26 AM
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Join Date: Feb 2007
Posts: 8,239
Your lawyer can tell you about your chances of 894, probably pretty good with no priors. DUI conviction will result in fine, jail (unlikely), substance abuse evaluation, driving school, and community service. 90 day license suspension.
You're lucky they weren't too prompt in giving you the tests. It may have allowed your BAC to decline to a point where you escape the excessive BAC additions.
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  #3  
Old 06-02-2009, 06:36 PM
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Join Date: Apr 2009
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man you should never "blow".
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Fu&# being charged. Be smart about about laws. Learn them. Always fight your case. Look for the loopholes. Ask questions. Sit in on court on your free time & pay attention. Also remember to NEVER talk to police or detectives about something that could incriminate you or a co-defendant. & remember to
DENY ! DENY! DENY!
  #4  
Old 06-02-2009, 07:12 PM
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Join Date: Feb 2007
Posts: 8,239
That's true in LA for a whlie, but soon it will be more than just a fine. Further, they trend is to get a warrant to compel a blood test anyhow.
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