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What Happens With Your First DWI?

DWI

What is Worse a DWI or DUI?

When it comes to driving while intoxicated or DWI should be considered egregious and serious. Depending on the conditions, fines can range from the hundreds to the thousands with jail time ranging from days to months. The severity of the punishment can increase depending on the blood alcohol level and will have your license suspended for months as well. As opposed to driving under the influence (DUI), a DWI is considered a more serious offense. The difference between the two is depending on the level of alcohol in the system, below being a .08 is considered a DUI with the higher percentages being a DWI. In the state of Louisiana regarding a DWI, the classification can be a misdemeanor depending on the circumstances and if it’s a first offense. Anything more or after that can be harsher and may need the assistance of DWI bail, which is easily capable of assisting in the process. 

Upon further transgression that results in a repeat offense, the person will most likely receive harsher penalties that will include jail time, a heavier fine, and your license being suspended if not revoked. When dealing with such penalties, A-1 Bail Bonds of Louisiana in Lafourche Parish, LA you can get the DWI bail you need during the process. Call 985-446-9007 today to start the process and schedule your appointment.

What Happens When you get a DWI?

As mentioned, the punishment for getting a DWI depends on the severity of the situation, but it should be assumed the punishment will not be minor. To note, when DWI is mentioned it could mean driving under the influence or driving while impaired. To be clear, this refers to a DWI as driving under the influence because on occasion the latter definition can mean something different depending on the legal authority giving out the punishment. When it actually comes to what to expect in the process, you could most likely see:

  • Prior to the judgment, you will take a breathalyzer test
  • The officer will serve you a summons 
  • You may be taken off the road, away from your car, and be taken to a cell at the nearest police station
  • Your personal information will be taken along with a mugshot and fingerprints

After the immediate process, you will be served out your punishment. It could include a class that is required to be completed, an extended period of probation, license suspension which may include having to earn it back, and more if the judge or officer believes it necessary. Through this process, DWI bond providers like those at A-1 Bail Bonds of Louisiana can assist in the process by offering our bond services and some advisement in the process. Contact us when you are in need of bonds assistance in Lafourche Parish, LA.

Does a DWI Stay on Your Record?

When it comes to a DWI in most states, including Louisiana, there is not a possibility to rid it from your driving record. The offense will appear on any background checks for the next ten years and after will not appear if the offender does not commit another in that ten year period. Unfortunately, on driving records it is far more difficult to get offenses expunged nor sealed so it can come up after a ten year period if searched for specifically. When the DWI is considered a misdemeanor, you can more easily file for an appeal or petition to have it removed. In the case where a DWI is not a misdemeanor, the process of an appeal or petition of removal is far more difficult and can often be fruitless. A person should have more luck with the assistance of a DWI bond to get clear of the process and have a clean record for the next decade.

DWI

What is a DWI Level 5?

A DWI case tends to take between twenty to forty days for proceedings and judgment if not longer depending on the circumstances. In terms of how severe a case can be considered, the court and law system has levels ranging between level five being relatively minor to level one being the harshest to be considered. In the state of Louisiana, this system is switched from one being lesser to four being harsher and five not being in the system. The levels thereby can include:

  1. Level one: Up to two years of probation, $1,000 max fine, community service and court-approved re-education, some jail time or house arrest
  2. Level two: Higher minimum of jail time and probation, fines up to $1,000, more community service and court-approved re-education
  3. Level three: Felony charge, minimum of one year in prison to five with hard labor possible, $2,000 fine, home incarceration a possible addition with also possible vehicle and license forfeiture. Substance abuse treatment and evaluation.  
  4. Level four: Felony charges, an extended period of community service, and years of probation. Substance abuse treatment and evaluation. A decade in prison with thirty years being possible. Forfeiture of vehicle and driver’s license. 

As seen, the more severe the crime, the punishment tends to match it in Louisiana. When you need bail bonds for any of the four levels, why not trust A-1 Bail Bonds of Louisiana in Lafourche Parish, LA. Call 985-446-9007 to get the process started and get your DWI bail today.

Is a drug charge a felony?

drug exchange

The Law & Drug Charges

The courts consider several factors before a drug charge felony charge is established. Drug charges have varying classifications and schedules, which we will explain in this piece as commonly asked questions are answered.

After an arrest, drug charge bail is determined by the drug charge classification, which will state if the charge is a misdemeanor or a felony. We will start this article by answering one of the most popular questions: “What happens when you get a drug charge?”

Laws pertaining to drug charges can vary from state to state, so we will answer this question based on drug charges and drug laws in the state of Louisiana, one of the toughest states on drug possession.

Complicating the laws and drug charges in every state has gotten more complicated with the legalization of medical marijuana. Again, each state sets its own boundaries and laws, and in Louisiana, possession of medicinal marijuana must be obtained from proper sources. So, any illegally owned possession of any kind of marijuana will face the penalties as set by previous laws.

In Louisiana, even the smallest amount of illegal marijuana drug charges is punishable by two weeks incarceration and a fine up to $300 maximum. The courts can punish larger amounts of possession with up to 40 years of prison time. If you’re caught possessing larger amounts of drugs, penalties can go up to 40 years in prison! Louisiana also has “three strikes and you’re out” policy that a 3rd misdemeanor drug charge is a felony.

Can you get charged for buying drugs?

Buying drugs would you in the possession of simple possession, and the penalties, as we mentioned earlier for any type of drug charges, will vary from state to state. From there, it is the amount and drug type that will determine the penalty, as well if the accused has any prior offenses.

In the state of Pennsylvania, the penalties if found guilty of drug charges for possession could include any of the following:

  • Up to 3 years’ jail time.
  • Up to $25,000 fine.
  • Possible suspension of driver’s license.
  • Drug addiction treatment mandatory.

For example, if you were facing simple possession drug charges for a small amount of marijuana, you could be sentenced to thirty days of jail time and fined up to $500.  They give harsher penalties for possession of methamphetamine. Typically, drug charges for possession are less severe than those for drug possession charges or drug trafficking in every state.

How much time do you get for a drug charge?

There are many factors that will determine this, with the first being the drug, the amount, and the state. For example, in Texas, drug charges for possession or trafficking are severe. It is to the benefit of the person arrested to get an attorney who is experienced defending clients facing drug charges.

While marijuana legalization may have extensive public support in all states, but in Texas, they still consider it an illegal substance in most situations. If a person is charged with as intentionally or knowingly having “actual care, custody, control or management” of marijuana, it is considered to possession of marijuana and the amount of the substance will determine the punishment. Some examples of punishment for marijuana drug charges in Texas are:

Under two ounces of marijuana possession is a Class B misdemeanor with punishment up to 180 days’ confinement in county jail and/or up to a $2,000 fine, and two years’ probation. For marijuana possession, they can punish drug charges of two to four ounces with one-year jail time and a fine of $4,000.

In Texas, drug charges for possessing marijuana of over four ounces are a felony. They can punish drug charges for over 5 pounds possession with jail time of 180 days to two years and fined $10,000. They can punish marijuana drug charges for up to 50 pounds with two to ten years’ jail time and a fine of $10,000.

Penalties for drug charges for possession of other drugs such as cocaine or meth face are much stiffer in Texas as they are in most states.

How long can a drug case stay open?

Some say the wheels of justice move slowly, and nothing could be truer than the legal process for drug charges. There are several steps involved for a legal team to prove their client is innocent and or the state to argue their guilt.

Regarding felony drug charges, there are a lot of questions about the whole process and possible results. The most common concern and the question are how long before that drug charge will show up on a background check.

Usually, there is a three-year statute of limitations for a felony drug case. If the drug charges are a misdemeanor, the typical time is one year. The limitation time begins the date the accused committed the drug charges crime.  

arrested after a drug charge

How do you fight a drug charge? 

Felony drug charges have long-lasting consequences, and the conviction of such charges can be devastating. Fortunately, there are ways that an attorney with drug charge experience can fight the drug charges, sometimes even have the drug charge expunged. 

In some jurisdictions, there may be a diversion program that permits anyone with drug charges for small amounts to pay court cost, fines, and perhaps have rehabilitation. Once those requirements are met, the drug charges are dropped.

If the accused and their attorney believe there are merits that are worth fighting the drug charges, then they must challenge the evidence presented against them in court. This can be done by proving the office did not have probable cause, or the discovery of the drugs was not made with a valid search warrant.  

Lack of constructive possession being established would be another reason they drop drug charges. Another avenue an experienced drug defense attorney will use is the proof the substance found wasn’t an actual illegal drug.

Of all the laws and possible punishment that we’ve described and mentioned can vary from state to state.  It is in the best interest of the person facing drug charges to hire an attorney that is experienced in drug charges. Several factors can determine situations, and the attorney is the best avenue for advice. Call 985-446-9007 today for drug charge bail for you or your loved ones in Lafourche Parish, LA.

Should You reject a Breathalyzer Test?

driving under the influence in need of DUI bail bonds

Dealing With a DUI and More

Many people are of the belief that it’s a good idea to refuse a breathalyzer test. If they are knowingly sober, they think that refusing will prove their innocence, which is not always the case. Refusing to accept a breathalyzer test does not inherently prove your innocence nor does it inherently prove your guilt. The best way to deal with these situations is to accept the test then invest in DUI bail bonds for Lafourche Parish, LA arrests, if needed. For help with that, rely on A-1 Bail Bonds of Louisiana. Give us a call at 985-446-9007 to get started. 

DUI bail bonds after breathalyzer test

What is a Breathalyzer Test?

A breathalyzer test is a blood alcohol content from a breath sample. If you are pulled over for the suspicion of driving under intoxication, you may be asked to perform this test. The way it works is, you will breathe into a tube in which there is a multitude of sensors. Those sensors attempt to detect the level of alcohol in your system at that time. While it is an effective way of doing this, it is by no means the most effective way. That would be a blood test, but police officers rarely have the ability to complete that while in the field. Because of that, breathalyzer tests are more often used. What many want to know is should they accept a breathalyzer test or a DUI charge? The most basic answer is to accept the test. Doing so is not an admission of guilt, especially if you know you are sober. The reason for this is because failure to cooperate with a police officer can lead to more trouble than you think. If you are arrested even after passing a breathalyzer test, there is bail bonds for DUI arrests that can help. 

Why You Should Accept a Breathalyzer Test

The general thought is that drivers should not accept a breathalyzer test because it’s an admission of guilt. The problem is, that is not necessarily true. Regardless if you are completely sober or not, DUI bail bonds and breathalyzer tests are serious situations to be in. These are moments that require a certain level of brevity that will hopefully, ultimately help you in the long run. Even if you are sober, we highly recommend accepting a breathalyzer test during a field or police station visit. From there, you can pay your DUI bail bonds and fight the charge in court, rather than lose your license. 

  • Implied Consent: In every state, including Louisiana, there is something known as implied consent. This refers to the fact that as a legal, license carrying individual, you have agreed to cooperate or consent to law enforcement procedures. Meaning, if you are asked to comply with a breathalyzer test, there is the expectation that you will agree. 
  • No Refusal Zones: Sometimes, there are no refusal zones or policies. This often happens during holidays or around major sports events. What this means for drivers is, they cannot refuse to take a sobriety test of any kind. Refusal during these times or in these places can result in an automatic arrest and charge. 
  • License Suspension: Even if you aren’t in a no-refusal zone, refusing to take a sobriety test of any kind can result in immediate license suspension. That decision will be based on a number of factors such as number of arrests, convictions, and more. 
  • Fines and Penalties: And of course, refusing to take the test can mean higher fines and penalties on your end. DUI arrests happen because of observed behavior before and during an arrest. So if you pose a threat to public safety, even without a license, you may be subject to hire fees or bail amounts.

Frequently Asked Questions

  • Can you get a DUI without a Breathalyzer or blood test?
    • Yes, it is possible to receive a DUI without any toxicology report or breathing test completed. If you are exhibiting reckless behavior or mannerisms that indicate intoxication of any form, that could also make you a threat to public safety, you can be arrested and charged with a DUI. 
  • Is it better to take or refuse a breathalyzer?
    • While it sounds counterintuitive, it is often considered better to accept a breathalyzer test rather than refuse. Even if you are completely sober, refusal to cooperate with authorities could result in serious consequences like suspension of license and more. 
  • What happens if you pass a breathalyzer?
    • Passing this test does not guarantee acquittal. As mentioned, if you are exhibiting behavior that suggests reckless endangerment of yourself or others, you can still be arrested under the charge of a DUI. 
  • How accurate is a breathalyzer?
    • Breathalyzer devices do have a margin of error that can be challenged in courts. That in mind, most breathalyzer tests administered at police stations are often accepted, regardless of that margin of error. No matter what, the most accurate way of test the blood alcohol content is with the blood. 
  • Can you be convicted of DUI without breathalyzer?
    • Unfortunately, yes, you can be charged and convicted without either test being done. There are a number of circumstances that can affect a judges final ruling. While these tests are often accepted, they aren’t needed if this is a repeated offense or if you are driving without a license that has been suspended because of a previous intoxication arrest.
DUI bail bonds

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Dial 985-446-9007 for A-1 Bail Bonds of Louisiana or when you need help with anything like DUI bail bonds in Lafourche Parish, LA. We are here to help you. 

Can You Get Bail on a Felony Charge?

A Woman Gets Arrested.

Can you get bail on a felony charge?

For the most part, if you’ve been arrested and jailed on felony charges, a judge will determine a felony bail amount that will allow you to get out of jail. Bail will be granted about 95% of the time for most offenses. Whether you get a bail amount set ultimately rests on the judge’s decision. 

When you’ve been arrested on felony charges, you’ll have a bond hearing where the judge will determine your bail. What the judge is deciding when setting bail is whether you’ll return to court after your release for your appointed court date. The decision will rest on several factors including your prior criminal record, as well as the severity of the offense. If you’ve failed to show for court before, have an extensive criminal record with convictions, or the offense is serious bail may not be set.

When you need help with felony bail in Lafourche Parish, LA, the professionals at A-1 Bail Bonds of Louisiana are the team to trust. We offer a full range of bail services. Give our team a call at 985-446-9007.

How much is bail for a felony?

Bail amounts for felonies will vary. While it’s unusual for felonies, the judge may release you on a recognizance bond. This means no bail amount is set because you might be a first offender or have a good reputation and the judge believes you’re trustworthy enough to return to court on your own. But often the judge will set a bail amount based on the severity of the crime, your background and record and other factors. The bail amount could range from a few hundred dollars to millions of dollars. In some cases, various charges will have a set schedule so the bail amount is fixed for that offense. In Louisiana, you’ll also be charged a bail bond fee of either 2% or $15, whichever is greater.This amount is kept by the court. In some cases you’ll also pay a $25 administrative fee. If you get help from a bail bonds service, you’ll also pay a fee, usually about 10% of the bond amount.  

How is bail amount determined? 

In most cases felony bail amounts are determined by the judge at your bond hearing. There are several factors that will influence the amount. Most commonly those factors include:

  • Amount of evidence against the defendant. If there’s a large amount of evidence and the defendant is likely to be found guilty of the offense, the bail may be higher to discourage the person from running.
  • The criminal history will affect the amount. A high amount might be set to protect the community and lower the risk of a repeat offense.
  • If the defendant is perceived to be a risk to the community, a higher amount of bail may be set.
  • A high bail amount often will be set if the person is perceived to be a flight risk.
  • The severity of the offense will also influence the amount. A minor offense will often receive lower amount, while a crime like murder will receive a high amount. 

What is a high bail amount?

Depending on the offense, bail amounts will vary. Felony bail amounts will tend to be five to 10 times higher than misdemeanor charges, especially if there is a potential for flight risk. The seriousness of the crime and past criminal history will influence the amount. Bail may not be set for a murder while a charge of accessory to murder the amount could be set as high as $250,000 or more. A robbery charge could go as high as $100,000 or more, especially if a previous felony was involved. If you’re caught carrying a concealed weapon without a license, your bail amount could be as much as $20,000. 

Does a felony mean jail time?

When initially arrested on felony charges, you’ll spend time in jail. How long you are in jail initially will depend on when your bond hearing is held and when you pay felony bail. This could be a few hours or two or three days. If you are unable to pay bail, you will have to stay in jail until your initial court date. This could be several months.

All felony charges have jail time as part of their punishments, along with fines. Once convicted you may be sentenced to at least one year in jail depending on the charges. Many felony charges like murder can result in significant sentences including life imprisonment or even death. These sentences are usually served in state or federal prisons. Of course, probation is often sentenced in lieu of jail time, depending on the offense. 

What is felony bail jumping

When you fail to appear at your appointed court date after posting bail, this is commonly known as bail jumping. It is considered a separate charge in Louisiana, and if you are charged with a felony, it becomes a felony charge on top of your original offense. A bench warrant will be issued for your arrest on a felony bail violation, and you can be picked up or detained in any state and can be held in another state’s jail until picked up by officials in Louisiana. If six months pass before you appear in court your bond could be revoked. Bail jumping will also severely hurt your case.

When dealing with immigration violations, you will be subject to different laws and situations. Immigration bail bonds are handled much differently than other offenses.

Can a felon bail someone out of jail

It is possible to bail someone out of jail even if you are a convicted felon. If you are currently still on probation, however, you may want to consult with your probation officer to make sure you’re not violating any terms of your probation, especially if you are not allowed to associate with known criminals or someone involved in a criminal act.

A Man Sitting in Jail.

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If you need to get someone released on felony bail in Lafourche Parish, LA, get in touch with the professionals at A-1 Bail Bonds of Louisiana. Our team offers a full range of bail bond services. You can call us anytime 24/7 at 985-446-9007.

What is the Bail Process?

A Man in Handcuffs.

How the Bail Process Works

Whenever you are arrested in Louisiana, whether for a felony or misdemeanor, for most offenses you’ll be given an opportunity to post bail to get out of jail. While it may sound complicated, the bail process in Lafourche Parish, LA is actually fairly simple.

When you are arrested, you’ll first be booked into jail. All of your information will be taken down and then you will be jailed. Depending on the circumstances, you may be in jail anywhere from a matter of hours to a few days. Much of this will depend on when the bail hearing is held and when judges are available to hold the hearing.

Often with misdemeanor charges, the bail is set by a bail schedule, so it may be only a few hours after your arrest that you can be released. No matter what the charges are, you’ll have some kind of hearing before the court to set the amount of bail for your release.

Once bail is set, you can get help paying it by giving the team at A-1 Bail Bonds of Louisiana a call. We can be reached 24/7 at 985-446-9007

What is the Purpose of Bail?

Bail is an amount of money set by the court allowing a person to be released from jail after their arrest. With misdemeanor charges, such as a first-time DUI in Louisiana, the bail is usually set by a schedule, whereas felony offenses will depend on the type of offense and your background and criminal history. As part of the bail process, you’ll have a bail hearing to determine the amount of bail for your release. Your release is based on a promise to the court that you’ll return to court for all scheduled hearings.

In some cases, depending on the charge, and on your background, the judge may elect to offer you recognizance bail. This means no money is charged for bail. Instead, you’re released on your own recognizance, based on your promise to appear in court as scheduled. The bail amount or recognizance bail may be affected by your criminal record, your status in the community, whether you have a job or not, and whether or not the court perceives you as a flight risk. 

How Do You Post Bail?

As part of the bail process, you’ll have to post bail in order to be released. If you have the money available, you can post the full amount in cash to be released. Most people don’t have the full amount of bail readily available to pay, so they must consult a bail bond agent like those at A-1 Bail Bonds of Louisiana. If you are unable to pay bail, you will have to remain in jail until your court date, which could be several months down the line.

Normally, a defendant’s family member or friend will have to contact the bail bond agent to post bail. In most cases, the bond agent charges a fee, usually about 10% to 15% of the bail amount, to secure the defendant’s release. Once the fee is paid, the bond agent gets the defendant released as quickly as possible.

For example, if you are arrested on a weapons violation and bail is set at $10,000, and the fee is 10% of the bail, to bond out, you’ll have to pay the bonding agent $1,000.

What are the Different Types of Jail Bail Bonds?

There are six main types of bonds, as outlined below.

  • Citation release: in some cases, depending on the charges, you may not have to spend any time in jail, but will still have to show up for court. In this case, police will show up at your residence with a citation release showing the time and date you have to appear in court. These are usually issued for very minor offenses.
  • Surety bond: These are the types of bonds normally issued by a bond agent.
  • Recognizance: Bail fees are waived by the court based on the defendant’s promise to appear in court. 
  • Property bond: The defendant provides titles or other documents showing ownership of property as collateral to the bail bond company.
  • Immigration bond: For illegal immigrants, there are two types of bail bonds, delivery bonds or voluntary departure bonds. A delivery bond is a promise to immigration authorities that the illegal immigrant shows up to all court hearings. With departure bonds, the immigrant voluntarily leaves the country by a set date. 
  • Cash bond: The full amount of bail is paid to the court.

Do You Get Bail Money Back?

As part of the bail process, if you’ve paid the full amount of the bail in cash, the bail money will be returned once the case is settled, as long as the defendant shows up for court. If you used a bail bond agent to bond out of jail, the bail bondsman gets the full amount, as long as the defendant shows up for the court date. Bond agents can charge additional fees if the defendant fails to show up in court.

Hands Behind Bars.

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While the bail process in Lafourche Parish, LA can seem lengthy and stressful, at A-1 Bail Bonds of Louisiana, our professionals try to make it as stress-free as possible. We explain the process carefully so you can make informed decisions. We also offer several payment and credit options. Our services are available around the clock, so call anytime at 985-446-9007.