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Jefferson Parish DWI Defense Lawyer

Experienced DWI Defense in Jefferson Parish

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:

  • First Parish Court
  • Second Parish Court
  • The 24th Judicial District Court
  • Gretna City Court
  • Kenner Mayor’s Court
  • Westwego Mayor’s Court

Local experience matters. DWI procedures, prosecutors, court schedules, and available resolutions may vary depending on where the arrest occurred and which court has jurisdiction.

Proven DWI Defense Experience

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.

Trial-Focused DWI Representation

DWI cases often depend on technical and disputed evidence, including:

  • The reason for the traffic stop
  • The officer’s observations
  • Field sobriety testing
  • Breath-test results
  • Blood or urine testing
  • Alleged refusal to submit to testing
  • Body-camera and dashboard-camera recordings
  • Statements attributed to the driver

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 DWI Law

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 person is impaired by alcohol
  • The person has a blood alcohol concentration of 0.08% or higher
  • The person is impaired by a drug
  • The person is impaired by a combination of alcohol and drugs

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:

  • Jail time
  • Fines and court costs
  • Probation
  • Substance-abuse evaluation or treatment
  • Driver-improvement programs
  • Community service
  • Ignition-interlock requirements
  • Suspension of driving privileges

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.

DWI, DUI, and OWI in Louisiana

People searching for legal help may use terms such as:

  • DWI
  • DUI
  • OWI
  • Drunk driving
  • Drugged driving
  • Impaired driving

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.

Where Jefferson Parish DWI Cases Are Heard

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:

  • Metairie
  • Kenner
  • Harahan
  • River Ridge
  • Elmwood
  • Jefferson

We also defend arrests arising on the West Bank and in southern Jefferson Parish, including:

  • Gretna
  • Terrytown
  • Harvey
  • Marrero
  • Westwego
  • Avondale
  • Bridge City
  • Waggaman
  • Woodmere
  • Lafitte
  • Barataria
  • Grand Isle

DWI investigations may involve the Jefferson Parish Sheriff’s Office, Louisiana State Police, municipal police departments, campus police, or other law-enforcement agencies.

How Louisiana DWI Cases Are Built

A DWI prosecution frequently rests on four principal categories of evidence:

  1. The traffic stop or initial police encounter
  2. Field sobriety tests
  3. Breath, blood, or urine testing—or an alleged refusal
  4. Officer observations and video evidence

A weakness in any of these areas may affect the State’s ability to prove the case.

Was the Traffic Stop Lawful?

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:

  • Speeding
  • Improper lane usage
  • Failure to signal
  • An equipment violation
  • Careless operation
  • An accident
  • Another traffic or criminal violation

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:

  • What did the officer allegedly observe?
  • Did the body-camera or dashboard-camera recording support that account?
  • How long did the officer follow the vehicle?
  • Was the stop improperly extended?
  • Did the officer have lawful grounds to order the driver out of the vehicle?
  • Was the arrest supported by probable cause?

If a stop or detention violated the Constitution, the defense may seek to suppress evidence obtained as a result.

Field Sobriety Tests Are Not Automatic Proof

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:

  • Anxiety
  • Age
  • Physical injuries
  • Medical conditions
  • Balance problems
  • Fatigue
  • Uneven pavement
  • Improper footwear
  • Poor lighting
  • Weather conditions
  • Traffic or other distractions
  • Confusing or incomplete instructions

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.

Challenging Breath-Test Evidence

A breath-test result is not immune from challenge.

Issues may include:

  • Whether the testing instrument was properly maintained and certified
  • Whether required accuracy checks were performed
  • Whether the operator was properly trained
  • Whether the required observation or deprivation period was followed
  • Whether the driver placed anything in his or her mouth
  • Whether the person burped, regurgitated, or experienced acid reflux
  • Whether mouth alcohol affected the result
  • Whether the test was administered within the required time
  • Whether the result is consistent with the officer’s observations and video
  • Whether alcohol was still being absorbed at the time of testing

A numerical result should be evaluated together with the circumstances under which it was obtained.

Challenging Blood and Urine Testing

Blood and urine evidence may raise additional issues concerning collection, preservation, transportation, testing, and chain of custody.

The defense may examine:

  • Who collected the sample
  • Whether the collection was lawfully authorized
  • Whether proper collection materials were used
  • Whether the sample was correctly labeled
  • How the sample was stored and transported
  • Whether the chain of custody is complete
  • Which laboratory performed the testing
  • Whether the laboratory followed validated procedures
  • Whether contamination, fermentation, or degradation may have occurred
  • Whether confirmatory testing was completed
  • Whether the reported substance was capable of causing impairment

The presence of a drug or medication does not always establish that the person was impaired when operating the vehicle.

Prescription and Drug-Related DWI Charges

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:

  • Blood or urine testing
  • Drug-recognition evaluations
  • Prescription records
  • Officer observations
  • Medical conditions
  • Dosage and timing evidence
  • Expert testimony
  • Video evidence

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.

Refusing a Breath or Chemical Test

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:

  • Seizure of the driver’s license
  • Administrative suspension proceedings
  • Use of the refusal as evidence in the criminal case
  • Additional restrictions or consequences based on prior refusals
  • Increased complexity in defending the criminal and administrative matters

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.

The Separate Driver’s License Case

A DWI arrest can create two separate legal matters:

  1. The criminal prosecution in court
  2. The administrative proceeding involving driving privileges

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:

  • Whether the officer had reasonable grounds to believe the person was operating while impaired
  • Whether the person was lawfully placed under arrest
  • Whether the implied-consent warnings were properly given
  • Whether the person refused testing
  • Whether an approved test produced a qualifying result
  • Whether required procedures were followed

Marino & Ehle, LLC handles both the criminal DWI charge and the related administrative driver’s license proceeding.

What Is at Stake After a DWI Arrest?

The consequences of a DWI case extend beyond the courtroom.

Depending on the facts and the person’s history, the case may affect:

  • Driving privileges
  • Employment
  • Automobile insurance
  • Professional or occupational licenses
  • Commercial driving privileges
  • Security clearances
  • Educational opportunities
  • Travel
  • Family responsibilities
  • Immigration status

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.

How Marino & Ehle Defends DWI Cases

At Marino & Ehle, LLC, we examine every stage of the investigation, including:

  • The reason for the traffic stop
  • The length and scope of the detention
  • Body-camera and dashboard-camera recordings
  • Statements made before and after arrest
  • Field sobriety testing
  • Breath-testing procedures
  • Blood and urine collection
  • Laboratory reports
  • Maintenance and certification records
  • Implied-consent warnings
  • Refusal allegations
  • Administrative license documents
  • Medical conditions and prescription medications
  • Witness testimony
  • Accident evidence
  • Prior DWI allegations used for enhancement

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.

Contact a Jefferson Parish DWI Lawyer

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.

What Marino & Ehle Can Do To Help

What Marino & Ehle Can Do for You

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:

  • Scrutinize the legal basis for the traffic stop
  • Review body-camera and dashboard-camera recordings
  • Examine field sobriety testing and officer observations
  • Challenge unreliable breath, blood, or urine evidence
  • Evaluate whether law enforcement followed required procedures
  • Preserve evidence that may support the defense
  • Address the separate administrative driver’s license proceeding
  • Prepare the case as though it may be tried

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.

What to Do After a DWI Arrest in Jefferson Parish

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:

  • Do not post details about the arrest on social media
  • Do not discuss the facts with potential witnesses or other people involved
  • Do not assume that an officer’s conclusions or test results cannot be challenged
  • Do not ignore paperwork concerning your driver’s license
  • Do not miss the deadline to request an administrative hearing
  • Do not wait until the next court date to begin preparing your defense

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.

Frequently Asked Questions

Is DWI the same as DUI in Louisiana?
Louisiana commonly uses “DWI,” but many people search “DUI.” Both refer to impaired driving allegations, and the defense strategies focus on the stop, impairment claims, and testing evidence.
It can, depending on the facts. Dismissals and reductions often hinge on issues like an unlawful stop, weak probable cause, improper procedures, missing video, or testing problems.
A BAC number is not the entire case. Timing, machine procedures, operator training, and other factors may matter. DWI cases are not automatic convictions.
Refusal can carry administrative consequences under implied consent rules, but it does not automatically prove guilt. A defense can examine whether the stop was lawful and whether procedures and advisement’s were handled correctly.
Louisiana has a 30 day deadline to request an administrative hearing after a DWI arrest to avoid an automatic suspension. Because deadlines are strict, it’s important to speak to a lawyer immediately.
Not ordinarily. Outcomes depend on many factors, including the evidence, the court, and your prior history. Early involvement by experienced counsel improves options.

Our Experienced Trial Lawyers

Joe Marino

A proven criminal defense attorney assisting clients across Jefferson Parish with decades of courtroom experience, legislative leadership, and significant judicial service.

Davidson Ehle

Davidson Ehle is a seasoned AV-rated trial attorney recognized for criminal defense victories, appellate advocacy, and respected leadership in the Jefferson Parish bar.

Davidson Ehle