
Drug DUI/DWI Attorney in Lake Charles
Charged with Drug-Related DUI or DWI in Lake Charles? Secure Your Defense
In Louisiana, the legal term for driving under the influence of alcohol or drugs is Operating While Intoxicated (OWI), as defined by Louisiana Revised Statutes (La. R.S.) 14:98. While "DUI" (Driving Under the Influence) and "DWI" (Driving While Intoxicated) are terms commonly used in everyday language and often interchangeably, even by law enforcement and the public, the official charge in Louisiana is OWI.
This means that whether you are impaired by:
- Alcohol (with a BAC of 0.08% or more, or impaired to a degree that renders you incapable of safe operation).
- Any controlled dangerous substance (CDS) listed in Schedules I through V.
- Any other drug, whether legal (prescription or over-the-counter) or illegal, to a degree that renders you incapable of safe operation.
- A combination of alcohol and any drug.
You will be charged with OWI. Therefore, when people refer to a "drug DUI" or "drug DWI" in Lake Charles, they are specifically referring to an OWI charge based on drug impairment. As a leading drug DUI/DWI attorney in Lake Charles, we are well-versed in the precise language and application of Louisiana's OWI statutes, especially as they pertain to drug impairment.
A seasoned drug DUI/DWI attorney in Lake Charles can help protect your future. Call (337) 282-9003 now or contact us online to schedule your legal consultation.
Defending Against Drug DUI/DWI Charges in Lake Charles
A drug-related DUI/DWI arrest in Louisiana can plunge your life into immediate turmoil. Unlike alcohol-related cases, which often involve a clear Blood Alcohol Content (BAC) measurement, drug DUI/DWI charges can be more complex, relying heavily on subjective observations, field sobriety tests, and potentially ambiguous toxicology reports.
The consequences of a conviction are severe, including jail time, hefty fines, mandatory drug education, and significant impacts on your driving privileges and personal freedom. If you are facing allegations of driving under the influence of drugs in Lake Charles, you need an aggressive and knowledgeable legal defense. Sudduth & Associates, LLC is a dedicated drug DUI/DWI attorney in Lake Charles, committed to providing robust representation for individuals accused of these serious offenses.
Penalties for Drug DUI/DWI in Louisiana
The penalties for OWI with drug convictions in Louisiana are severe and escalate with each subsequent offense within a 10-year "look-back" period. These penalties are generally the same as those for alcohol-related OWI.
Here's an overview of potential penalties:
First Offense OWI (Misdemeanor)
- Jail Time: 10 days to 6 months in parish jail. (A minimum of 48 hours of this sentence is typically mandatory without suspension, but a judge may allow 32 hours of community service in lieu of the 48 hours).
- Fines: $300 to $1,000.
- Probation: Up to 2 years, with conditions including:
- Completion of a court-approved substance abuse program.
- Completion of a court-approved driver improvement program.
- Possible community service (32 hours in lieu of mandatory jail).
- Installation of an Ignition Interlock Device (IID) for a period of time, often 6 months or more, and throughout probation.
- License Suspension: 90 days. Eligibility for a hardship/restricted license with an IID after 30 days. However, if there was a test refusal, the administrative suspension is 1 year.
- Vehicle Seizure/Forfeiture: Possible, though less common for a first offense.
- Increased Insurance Premiums: Significant increase in auto insurance rates.
Comprehensive Drug DUI/DWI Defense Strategies
Successfully defending against a drug OWI charge requires a nuanced understanding of toxicology, pharmacology, and police procedures. At Sudduth & Associates, LLC, our drug DUI/DWI attorney in Lake Charles employs a comprehensive and aggressive approach to build the strongest possible defense for your case. We meticulously investigate every detail to identify weaknesses in the prosecution's evidence and explore all available legal avenues.
Some common defense strategies we employ include:
- Challenging the Traffic Stop and Detention: Was there a lawful reason for the officer to pull you over? Was your detention prolonged without justification? If the stop or detention was illegal, all evidence obtained thereafter might be suppressed.
- Disputing Field Sobriety Tests (FSTs): FSTs are designed to assess physical and mental impairment, but they are highly subjective. We challenge the officer's administration of these tests, highlight how external factors (weather, road conditions, footwear) or personal factors (medical conditions, fatigue, physical disabilities, nervousness) could have affected your performance. We argue that your performance on these tests was not indicative of drug impairment.
- Challenging the Drug Recognition Expert (DRE) Evaluation:
- Officer Qualifications: We investigate the DRE's training, certification, and experience.
- Adherence to Protocol: We scrutinize whether the DRE strictly followed the standardized 12-step evaluation protocol. Any deviations can undermine the credibility of their findings.
- Subjectivity: DRE evaluations rely heavily on subjective interpretation of physical signs. We can argue that the DRE's conclusions were flawed or that the observed signs could be attributed to factors other than drug impairment.
- Medical Conditions: We investigate whether an undiagnosed or existing medical condition (e.g., diabetes, neurological disorders, recent head injury) could explain the observed symptoms, rather than drug impairment.
- Contesting Chemical Test (Blood/Urine) Results:
- Chain of Custody: We scrutinize the chain of custody for samples, looking for any breaks, contamination, or improper handling from collection to lab analysis.
- Laboratory Errors: We investigate the lab's testing protocols, equipment calibration, and the qualifications of the technicians. False positives or inaccurate quantification can occur.
- Drug Metabolism and Timing: We may argue that while a drug might have been present in your system, it was consumed hours or days prior and was no longer impairing your driving at the time of the stop. The mere presence of a drug does not automatically mean impairment.
- Prescription Drug Defense: If you were taking a lawfully prescribed medication, we may argue that you were using it as prescribed, that you were not warned of impairing side effects, and that your driving was not impaired to an unsafe degree.
- Police Misconduct/Procedural Violations: We review all police procedures during the arrest and investigation for any violations of your constitutional rights (e.g., illegal search and seizure, failure to provide Miranda warnings when required, improper implied consent advisements). Such violations can lead to the suppression of critical evidence.
- No Actual Driving: In some cases, individuals are charged with OWI even if they were not actually operating the vehicle (e.g., asleep in a parked car). We examine whether the prosecution can prove you were in "actual physical control" of the vehicle.
Our team, a tenacious Lake Charles drug DUI/DWI lawyer, diligently works to identify and leverage these and other defense strategies to achieve the most favorable outcome for your specific case.
How We Approach Drug DUI/DWI Cases as Your Attorney in Lake Charles
At Sudduth & Associates, LLC, we leverage our deep-rooted local knowledge and compassionate approach to offer robust legal defense for OWI with drug charges. Understanding the intricacies of Lake Charles' legal system allows us to tailor our strategies to fit the specifics of your case. Our commitment to comprehensive client support and family values makes us a trusted partner in these difficult times.
Our team treats each client like family, ensuring personalized attention and access to bilingual consultations, if needed. When facing the stress of legal proceedings, you can rely on us to provide clarity, guidance, and a strong defense strategy. Being aware of the unique challenges faced within Calcasieu Parish and the broader Lake Charles area, we strive to stay a step ahead, utilizing innovative defenses and thorough investigation processes. This ensures that our clients are not only informed but are also actively engaged in developing their defense strategy, offering a more comprehensive and collaborative approach to legal representation.
Take the Next Step: Contact Us Today
Facing an OWI charge can be overwhelming, but you don’t have to navigate it alone. At Sudduth & Associates, LLC, we are here to offer personalized, comprehensive legal support that helps alleviate your stress and clarify your options. With our commitment to family values and community service, we approach every case with diligence and empathy.
We’re committed to defending your rights and working towards a fair resolution in your case. By choosing us, you become part of a family that is deeply invested in securing your future, providing the aggressive advocacy and compassionate support you need during these challenging times.
Reach out to us for a consultation to understand your case better and learn about the paths available to you. Call us at (337) 282-9003 to discuss your situation confidentially.

Our Settlements & Verdicts
Our top priority is to devise customized legal strategies that are tailored to the unique legal needs of our clients, no matter how simple or complicated their situations, might be.
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No Jail Time Aggravated Incest; Oral Sexual Battery
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Penalty Reduced to Minor Misdemeanor Armed Robbery with a Firearm
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Reduced to Illegal Carrying of Weapon Attempted Second Degree Murder
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Reduced to Misdemeanor with No Jail Time Cruelty to a Juvenile
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Case Dismissed Domestic Abuse Battery w/ Child Endangerment
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Reduced from a Felony to a Misdemeanor DWI - 4th Offense
Frequently Asked Questions
How Can an OWI Attorney Help My Case?
An OWI lawyer in Lake Charles plays a pivotal role in defending against drug-impaired driving charges. At Sudduth & Associates, LLC, we thoroughly evaluate the circumstances of your arrest, scrutinizing everything from the legality of the traffic stop to the accuracy of chemical tests. Our goal is to identify weaknesses in the prosecution’s case, negotiate for charge reductions, and pursue case dismissals whenever possible. By tailoring legal strategies to the specifics of your situation, we help protect your rights and long-term future.
What Are My Rights During an OWI with Drug Arrest?
If you're arrested for driving under the influence of drugs, you have the right to remain silent and to request an attorney. These rights should be exercised immediately to avoid self-incrimination. At Sudduth & Associates, LLC, we carefully review the arrest process to determine if any violations occurred, such as improper search or testing protocols. Ensuring your rights were respected is a crucial part of building a strong defense from the outset.
Can Prescription Drugs Lead to an OWI Charge?
Absolutely. Even medications prescribed by your doctor can result in a charge if they impair your ability to drive safely. Louisiana law makes no distinction between illegal drugs and prescription medications when it comes to impaired driving. Our team works with medical professionals to understand the effects of your medication and determine whether true impairment was present, potentially challenging the prosecution’s narrative.
What Substances Can Lead to an OWI Charge in Louisiana?
OWI with drug charges in Louisiana can stem from a range of substances, including marijuana, prescription drugs (such as opioids or anxiety medications), over-the-counter drugs, and illegal narcotics. If law enforcement believes your ability to drive was impaired by any substance—regardless of its legal status—you can be charged under the state’s OWI law. This includes cases where substances are used in combination, increasing the likelihood of perceived impairment.
How Is Impairment Determined Without a Breathalyzer?
Unlike alcohol-related DUIs, OWI with drug cases often rely on blood or urine tests to detect drugs. However, these tests can be less conclusive when it comes to proving actual impairment at the time of driving. Officers may also use field sobriety tests or Drug Recognition Expert (DRE) evaluations. At Sudduth & Associates, LLC, we challenge the reliability and admissibility of these assessments, seeking to exclude flawed or inconclusive evidence from court proceedings.
Can I Refuse a Drug Test During a Traffic Stop?
Under Louisiana’s implied consent law, drivers who refuse chemical testing for drugs may face automatic license suspension and other penalties. While you have the right to refuse, doing so comes with consequences separate from the criminal OWI charge. If you refused a test, our attorneys can still challenge the basis of the traffic stop and the procedures followed afterward, potentially limiting the impact of your refusal.
What Should I Do After Being Charged with an OWI with Drug?
If you’re facing an OWI charge, contact an attorney immediately. Avoid discussing your case with law enforcement, and document everything you remember about the traffic stop and arrest. At Sudduth & Associates, LLC, we guide clients from the moment of arrest through every phase of the legal process. Our proactive legal counsel ensures your rights are protected while building a strategy aimed at securing the best possible outcome for your future.


Stay In The Know
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How Long Does It Take to Get Divorced in Louisiana?No-fault divorces are granted in Louisiana after couples have filed a petition and then lived apart for 180 days or more if no children are involved, or for 365 days if there are minor children in the marriage. No-fault divorces are the most common form of divorce, but an at-fault divorce is favorable for couples who want to seek custody of their child or have a dispute with their spouse.
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Can Child Support Amounts Be Changed?Courts understand that life can be unpredictable, so parents can file an order of modification to change the amount of child support they must pay monthly. You can request both an increase and a decrease in payments. One reason many parents ask for a decrease in the amount of child support is because they’ve lost their jobs.
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