Louisiana DUI/DWI Court Process

The information contained in this section applies to the criminal aspect of a DUI/DWI charge in the state of Louisiana. For more information on the civil administrative process that will also occur, click on the Louisiana Driving tab.

ARRAIGNMENT - The first court appearance following an arrest for DUI/DWI in Louisiana is called the arraignment. At this hearing, the accused will go before a judge who will formally read the criminal charges that have been filed against him. The accused will then be asked to enter a plea. If a plea of guilty is entered, a sentence will be imposed. If a plea of not guilty is entered, the case will proceed to the next stage of the trial process.

PRETRIAL CONFERENCE/HEARING

Prior to trial, a conference with the prosecutor may be held during which the defense attorney may attempt to negotiate a plea. At a pretrial hearing, the judge will be informed of the status of the case and issues of scheduling and discovery may be resolved. If a plea agreement is reached, it will be formally entered onto the record in front of the judge. If no plea agreement is reached, the case will proceed to trial.

PRETRIAL MOTION HEARING

Defense attorneys wishing to resolve issues prior to trial will file a motion with the court. A hearing will be held during which the attorney may present argument and testimony. The most common defense motion in DUI/DWI cases is a motion to suppress evidence, such as chemical test results. If the judge finds that the evidence was improperly obtained or otherwise unreliable, the results of chemical tests will not be admissible at trial.

TRIAL

There are two types of trials available to DUI/DWI offenders in Louisiana. In a Jury Trial, a judge will preside over the case and instruct the jury on how to resolve issues of fact. In a Bench Trial, the judge will act as both judge and jury, determining issues of law as well as issues of fact. If a guilty verdict is returned after a bench or jury trial, the case will proceed to sentencing. If a not guilty verdict is returned, all charges will be dropped and the case will be dismissed.

APPEAL

Following a guilty virdict in a Louisiana DUI/DWI trial, the defendant will have a right to appeal to higher courts for review. Failure to request an appeal timely will result in the "waiver" of the right to review.