You have never been arrested before. Now you have a court date, a seized license, and a knot in your stomach every time you think about telling your boss.
A first offense DWI in New Orleans is serious, but it is also the offense with the most ways out. Louisiana law gives first offenders options that disappear later, including a procedure that can set the conviction aside entirely. Those options have deadlines, and one of them expires 30 days after your arrest.
The Law Office of Heather C. Ford defends first offense DWI charges in New Orleans. Our goal is to keep this off your record and keep you driving.
A first offense DWI is a misdemeanor under Revised Statute 14:98.1. On conviction, it carries:
Most first offenders do not serve the full jail range. When the court grants probation, the law requires either 48 hours in jail that cannot be suspended or 32 hours of community service.
Your breath or blood result can raise the floor:
Having a child 12 or younger in the vehicle also removes the court’s ability to suspend the mandatory minimum.
This is the question that matters most, and Louisiana gives first offenders a real answer.
Under Code of Criminal Procedure article 894, a court can defer imposition of sentence and place you on probation. If you complete probation without picking up new charges, the court may set the conviction aside and dismiss the prosecution. That dismissal has the same effect as an acquittal for most purposes.
The limits matter, so know them going in:
An article 894 resolution is not automatic and it is not the right move in every case. If the evidence is weak, fighting for a dismissal or a reduction may put you in a better position than pleading and hoping to clean it up later.
Your license case is separate from your criminal case, and it moves faster.
Under Revised Statute 32:667, the officer seized your license at arrest and gave you a temporary receipt valid for up to 30 days. You have 30 days from the date of arrest to submit a written request for an administrative hearing with the Department of Public Safety and Corrections.
Here is what that request does for you. Once the department receives it, your temporary driving privileges are extended until the administrative proceedings finish. That can mean months of lawful driving instead of an immediate suspension.
If you do nothing, the suspension takes effect on its own. No judge, no hearing, no second chance.
Typical first offense administrative suspensions are 90 days for failing the test and 12 months for refusing it. A conviction adds its own suspension, though the two run concurrently and the total cannot exceed the longer period.
Usually yes. A first offender who refused the test or tested below 0.15 percent becomes immediately eligible for a restricted license after proving an ignition interlock device is installed. If the department will not issue it, a district court can order it.
If your BAC was 0.15 percent or higher, the suspension is two years, and a restricted license generally requires keeping the interlock installed for that period.
A separate economic and medical hardship process exists under Revised Statute 32:415.1, with its own eligibility rules that do not reach every case. Which route applies depends on your facts, so do not assume you are stuck without a license.
Knowing the sequence takes some of the fear out of it.
Your first appearance is usually an arraignment, where the charge is formally read and you enter a plea. Almost no case is resolved that day, and pleading guilty at arraignment gives away every option you have before anyone has reviewed the evidence.
A typical first offense case moves through these stages:
Your lawyer can appear for you at many routine settings, which matters if you are trying to avoid explaining repeated absences at work.
Clients are usually more worried about the collateral damage than the sentence, and they are right to be.
A first arrest does not mean the state has a strong case. Three areas produce most of the wins.
Was the stop lawful? An officer needs a valid reason to pull you over. Weak or contradicted justification puts everything that followed in question.
Was the testing reliable? Breath instruments require documented maintenance, calibration, and a certified operator. Blood evidence requires proper collection and an unbroken chain of custody. Standardized field sobriety tests have specific procedures, and officers frequently deviate from them. Medical conditions, injuries, fatigue, and even the surface you stood on affect results.
Does the video match the report? Body camera and dash camera footage often shows someone steadier and more coherent than the written narrative claims.
We request the instrument records, the maintenance logs, the calibration history, and every second of video. Then we compare them against what the officer wrote.
Misdemeanor DWI charges in New Orleans are generally handled in the Municipal and Traffic Court of New Orleans on South Broad Street, with municipal charges prosecuted by the City Attorney. Felony DWI cases, meaning third offense and above, go to Orleans Parish Criminal District Court at 2700 Tulane Avenue.
Check your paperwork to see which system you are in. A citation to a Louisiana Revised Statute means a state charge. A Municipal Code citation means a city charge.
A first arrest does not have to become a permanent record. But the choices that protect you happen early, and the license deadline does not wait for your court date.
Contact the Law Office of Heather C. Ford for a case review. We will explain your options, move to protect your driving privileges, and press the state to prove what it claims.
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Between myself and my family, we keep Heather busy! She is very professional and knowledgeable. I have spent a lot of money and ruined my driving record paying off speeding tickets but when I found Heather, I found that she is the best
My experience with the Law Office of Heather C. Ford was outstanding. I would recommend this team to anyone that has received a traffic ticket in the metro New Orleans area....
I found Heather online after searching for a traffic lawyer. Since I am not from the area, I was not 100% sure but went with my gut after reading the positive comments. And I was right! I am really pleased with Heather Ford's...
I was thrilled when Heather was able to get my ticket reduced to a non-moving violation and the judge waived fees. I never thought that was possible. I was certain I'd have to pay something. She's great...
Ms. Ford is all that I could ask for in an advocate.
My experience has been as pleasurable as can be expected when you need a lawyer.
The statutory range is 10 days to 6 months, but first offenses often resolve with probation. With probation, the law still requires 48 hours in jail that cannot be suspended, or 32 hours of community service.
A conviction can often be addressed through an article 894 set-aside and then expungement, subject to eligibility rules and timing. The DWI set-aside is available only once every ten years.
30 days from the date of arrest. Requesting it extends your temporary driving privileges while the case proceeds.
The court is required to order one during probation for at least six months, and the requirement is longer where the BAC was 0.15 percent or higher.
Yes, unless and until it is set aside and expunged. Employers commonly see both arrests and convictions.
A first offense is where you have the most leverage and the most options. Those options narrow after you plead.
