At Capitelli & Wicker, we represent individuals facing DUI and DWI charges at critical moments, where a single arrest can have lasting consequences on your license, livelihood, and future. Our attorneys bring decades of experience handling criminal cases from both sides of the courtroom, including time spent as prosecutors. We take a careful, strategic approach to every case, examining the details, protecting your rights, and working toward the strongest possible outcome.
What Our Clients Say
Understanding DUI/DWI in Louisiana
Louisiana takes impaired driving charges seriously. Whether you have been charged with a first-offense DWI or are facing felony DUI charges due to a prior record or an accident involving injury, the consequences can be severe and long-lasting.
A conviction can result in serious penalties, including jail time, steep fines, license suspension or revocation, ignition interlock requirements, increased insurance costs, and a permanent criminal record.
In cases involving prior offenses or accidents, the penalties increase significantly.
Although many people use the terms “DUI” and “DWI” interchangeably, Louisiana law uses the term “Driving While Intoxicated (DWI).” Under Louisiana law, a person may be charged with DWI for operating a vehicle while impaired by alcohol, drugs, or a combination of both. For most adult drivers, operating a vehicle with a blood alcohol concentration (BAC) of 0.08% or greater constitutes a DWI offense under Louisiana law. Lower legal limits apply to commercial drivers and drivers under the age of 21.
At Capitelli & Wicker, our seasoned attorneys defend clients facing a wide range of DUI and DWI charges, from first-offense cases to more serious felony charges. No matter the circumstances, we approach each case with the same level of preparation and attention to detail.
How DUI/DWI Cases Are Built and Challenged
As former prosecutors, our attorneys understand how DUI and DWI cases are developed from the state’s perspective. That allows us to anticipate the arguments that may be used against you and to identify where those arguments can be challenged.
We closely examine:
- Whether the traffic stop was legally justified
- How field sobriety tests were administered
- Whether breath or blood testing followed proper procedures
- The accuracy and reliability of testing equipment
- The consistency of police reports and available evidence
Small details can have a significant impact on the outcome of a case. Our role is to make sure those details are not overlooked.
Why Choose Capitelli & Wicker for DUI/DWI Defense?
- Former Prosecutors on Your Side – With experience as both state and federal prosecutors, our attorneys understand how DUI/DWI cases are built—and where they can be challenged.
- Decades of Criminal Defense Experience – For over 30 years, we have handled serious criminal matters across Louisiana, including complex and high-stakes cases.
- Strategic, Detail-Oriented Defense – We don’t rely on assumptions. Every case is carefully reviewed to identify weaknesses in the evidence and opportunities for defense.
- Direct Access to Experienced Attorneys – Your case is handled by seasoned lawyers, not passed off to junior staff. You work directly with a team invested in your outcome.
- Clear, Consistent Communication – We keep you informed at every stage so you always understand what’s happening and what comes next.
- Focused on Protecting Your Future – A DUI/DWI charge can impact more than just your record. We work to minimize long-term consequences and help you move forward.
Your defense starts with the right call. Schedule a consultation today!
Frequently Asked Questions
Is there a difference between a DUI and a DWI?
In Louisiana, the legal term is “Driving While Intoxicated (DWI),” although many people use “DUI” and “DWI” interchangeably. Regardless of the terminology, the offense involves operating a vehicle while impaired by alcohol, drugs, or both.
Can I refuse a breathalyzer test?
Yes. Refusing a breath or other chemical test may result in administrative consequences affecting your driving privileges under Louisiana’s implied consent laws. For many first-offense arrests occurring before July 1, 2024, the administrative suspension period is one year, with an ignition interlock device generally required for the first six months. For arrests occurring on or after July 1, 2024, Louisiana law requires the ignition interlock device for the entire period of the administrative suspension. There are strict administrative deadlines that may apply following a DWI arrest, and failing to act promptly could affect your ability to preserve or restore your driving privileges. Our office can explain the applicable deadlines and help protect your rights.
Will I lose my driver’s license after an arrest?
A DWI arrest in Louisiana can result in both criminal penalties imposed by the court and administrative consequences affecting your driving privileges through the Louisiana Office of Motor Vehicles (OMV) under the state’s implied consent laws. These are separate processes, and each may have important deadlines and legal requirements. Promptly consulting with an attorney can help you understand your rights and available options
Can a DUI or DWI charge be dismissed?
Depending on the facts, charges may be reduced or dismissed if there are issues with the stop or evidence. A careful review of the case is essential to identify those opportunities.
How long will a DUI or DWI stay on my record?
A DWI conviction can have lasting consequences, including impacts on your criminal record, driving privileges, employment opportunities, and insurance rates. While certain arrests or charges that do not result in a conviction may be eligible for expungement under Louisiana law, DWI convictions generally are not. Our office can review your case and explain any options that may be available based on your specific circumstances.
What should I do after being arrested?
Avoid discussing your case and seek legal guidance as soon as possible to protect your rights. Early decisions can affect how your case unfolds.
Can a DUI or DWI affect my job?
Yes, a conviction can impact employment, background checks, and professional opportunities. It may also affect current licenses or future career options.
How can Capitelli & Wicker help with my case?
Our attorneys bring experience from both sides of the courtroom, allowing us to evaluate how your case was built and where it can be challenged. We guide you through the process, protect your rights, and work to achieve the best possible outcome based on the facts of your case.
Areas Served
- Baton Rouge
- Belle Chase
- Covington
- Gonzales
- Hammond
- Houma
- Jefferson Parish
- Kenner
- Lafayette
- Laplace
- Luling
- Mandeville
- Marrero
- Metairie
- New Orleans
- Orleans Parish
- Plaquemines Parish
- Slidell
- St. Bernard Parish
- St. Charles Parish
- St. James Parish
- St. John the Baptist Parish
- St. Tammany Parish
- Tangipahoa Parish
- Thibodaux
- Washington Parish
- Baton Rouge
- Belle Chase
- Covington
- Gonzales
- Hammond
- Houma
- Jefferson Parish
- Kenner
- Lafayette
- Laplace
- Luling
- Mandeville
- Marrero
- Metairie
- New Orleans
- Orleans Parish
- Plaquemines Parish
- Slidell
- St. Bernard Parish
- St. Charles Parish
- St. James Parish
- St. John the Baptist Parish
- St. Tammany Parish
- Tangipahoa Parish
- Thibodaux
- Washington Parish
Fight Your Louisiana DUI/DWI Charge Today
At Capitelli & Wicker, we have spent decades defending individuals facing serious criminal charges in New Orleans and across Louisiana. We understand the system, we know how cases are prosecuted, and we are prepared to stand with you. With the right defense, it is possible to challenge the case against you and move forward.
