A DWI arrest in Louisiana is a serious criminal matter that can affect your freedom, driving privileges, employment, and future.
At Marino & Ehle, LLC, criminal defense is the foundation of our practice. Attorneys Joseph A. Marino III and Davidson S. Ehle III have decades of courtroom and trial experience defending individuals accused of driving while impaired by alcohol or drugs.
We regularly represent clients throughout Jefferson Parish, including matters heard in:
Local experience matters. DWI procedures, prosecutors, court schedules, and available resolutions may vary depending on where the arrest occurred and which court has jurisdiction.
Marino & Ehle, LLC has obtained not-guilty verdicts in DWI trials in Jefferson Parish.
Early involvement has also allowed our attorneys to meet with prosecutors, present mitigating or exculpatory evidence, and, in appropriate cases, prevent DWI charges from being formally filed.
Every case is different, and past results do not guarantee a particular outcome. However, early investigation and thorough preparation can make a meaningful difference.
DWI cases often depend on technical and disputed evidence, including:
A DWI arrest is not an automatic conviction.
Our attorneys prepare each case with the possibility of trial in mind. We examine whether the stop was lawful, whether sobriety tests were properly administered, whether chemical testing was reliable, and whether law enforcement complied with constitutional and statutory requirements.
Thorough trial preparation can strengthen the defense both in court and during discussions with the prosecution.
Louisiana law refers to the offense as operating a vehicle while impaired, although it is still commonly called DWI.
A person may be charged when operating a motor vehicle or another means of conveyance under any of the following circumstances:
The prosecution does not necessarily need a BAC result of 0.08% or higher to pursue a DWI charge. It may attempt to prove impairment through officer observations, driving behavior, field sobriety testing, video, statements, or other evidence.
Potential consequences may include:
The penalties and requirements depend on the circumstances of the arrest, the person’s prior DWI history, the test results, whether testing was refused, and whether an accident or injury occurred.
People searching for legal help may use terms such as:
In Louisiana, DWI is the term most commonly used, although the statute now describes the offense as operating a vehicle while impaired.
Regardless of the terminology, the defense begins with the evidence. The State must prove that the accused operated the vehicle and that one of the statutory conditions of impairment existed.
That evidence can and should be carefully examined.
The court in which a DWI case is handled may depend on the location of the arrest, the arresting agency, the number of alleged prior offenses, and whether related felony charges are filed.
Marino & Ehle, LLC regularly represents clients in courts throughout Jefferson Parish.
We defend DWI arrests arising on the East Bank, including:
We also defend arrests arising on the West Bank and in southern Jefferson Parish, including:
DWI investigations may involve the Jefferson Parish Sheriff’s Office, Louisiana State Police, municipal police departments, campus police, or other law-enforcement agencies.
A DWI prosecution frequently rests on four principal categories of evidence:
A weakness in any of these areas may affect the State’s ability to prove the case.
A DWI defense often begins with the reason for the stop.
Police must have a lawful basis to stop a vehicle. An officer may claim to have observed:
The defense should determine whether the officer’s stated reason is supported by the police report, video evidence, dispatch records, and other available information.
Important questions may include:
If a stop or detention violated the Constitution, the defense may seek to suppress evidence obtained as a result.
Field sobriety tests are intended to help an officer determine whether there may be signs of impairment. They are not scientific proof of guilt.
Performance may be affected by many factors unrelated to alcohol or drugs, including:
The defense should examine whether the officer was properly trained, gave correct instructions, demonstrated the tests, and administered them under reasonable conditions.
The video may be more important than the officer’s written conclusions.
A breath-test result is not immune from challenge.
Issues may include:
A numerical result should be evaluated together with the circumstances under which it was obtained.
Blood and urine evidence may raise additional issues concerning collection, preservation, transportation, testing, and chain of custody.
The defense may examine:
The presence of a drug or medication does not always establish that the person was impaired when operating the vehicle.
A person may be charged with DWI based on alleged impairment by prescription medication, an illegal drug, or a combination of substances.
The fact that a medication was legally prescribed does not necessarily prevent a DWI charge. However, the prosecution must still prove impairment.
Drug-related DWI cases may involve:
These cases require careful analysis because the presence of a substance may not establish when it was consumed, how much was active, or whether it impaired the person’s ability to operate safely.
Louisiana’s implied-consent laws allow administrative consequences when a person refuses an approved chemical test after a DWI arrest.
Depending on the circumstances, a refusal may result in:
Louisiana law also restricts the ability to refuse testing in certain circumstances, including some cases involving prior refusals, fatalities, or serious bodily injuries.
A refusal does not automatically prove impairment. The surrounding circumstances, the warnings given, the person’s physical condition, and the officer’s compliance with required procedures should all be examined.
A DWI arrest can create two separate legal matters:
The administrative matter may begin when an officer seizes the driver’s license following an alleged refusal or a qualifying chemical-test result.
The officer generally provides a temporary license receipt authorizing driving for a limited period. The arrested person ordinarily has no more than 30 days from the date of arrest to submit a written request for an administrative hearing.
Missing that deadline may result in the administrative suspension taking effect without a hearing, regardless of whether the criminal charge has been resolved.
The administrative hearing may address issues such as:
Marino & Ehle, LLC handles both the criminal DWI charge and the related administrative driver’s license proceeding.
The consequences of a DWI case extend beyond the courtroom.
Depending on the facts and the person’s history, the case may affect:
A DWI charge may be especially serious for people who drive for work, hold a commercial driver’s license, operate company vehicles, or must maintain a clean driving record as a condition of employment.
The objective is not merely to move the case through court. The defense should consider the effect of the case on the client’s license, livelihood, criminal record, and future.
At Marino & Ehle, LLC, we examine every stage of the investigation, including:
Joseph A. Marino III and Davidson S. Ehle III prepare DWI cases with a trial-focused approach. When the evidence does not establish a lawful stop, reliable testing, actual impairment, or another required element, the defense should identify and challenge that weakness.
If you have been arrested for DWI in Jefferson Parish, early action is important.
Evidence should be preserved promptly, and the deadline to request an administrative driver’s license hearing generally begins on the date of arrest.
Avoid discussing the facts of the case with anyone other than your attorney. Statements made to law enforcement may be used in the criminal prosecution.
Contact Marino & Ehle, LLC for a confidential consultation with attorneys Joseph A. Marino III and Davidson S. Ehle III.
Your defense—and the protection of your driving privileges—should begin as early as possible.
DWI cases involve technical evidence, but the outcome can have a deeply personal effect on your freedom, driving privileges, employment, and family responsibilities.
You need attorneys who understand both how the evidence works and how DWI cases are handled in Jefferson Parish courts.
At Marino & Ehle, LLC, our approach is trial-focused from the beginning. We:
This preparation can strengthen the defense during negotiations and ensure that the case is ready for court when trial is necessary.
Attorneys Joseph A. Marino III and Davidson S. Ehle III do more than process paperwork. They personally review the evidence, explain the available options, and prepare a defense based on the specific facts of the case.
The decisions made immediately after a DWI arrest can affect both the criminal case and the separate proceeding involving your driving privileges.
To protect yourself:
Contact Marino & Ehle, LLC promptly after an arrest. We can explain the criminal process, identify the applicable driver’s license deadlines, review the evidence, and discuss your options clearly and honestly.
Davidson Ehle is a seasoned AV-rated trial attorney recognized for criminal defense victories, appellate advocacy, and respected leadership in the Jefferson Parish bar.