If you’ve been charged with DWI in Louisiana, one of the most important questions is whether the State can prove you have a “prior offense.” That single issue can dramatically increase penalties, exposure to jail time, and long-term consequences.
But what actually counts as a prior DWI in Louisiana? The answer is more complicated than most people realize.
1. The Basic Rule: Prior Convictions Within the “Cleansing Period”
Louisiana uses what’s called a “cleansing period”—a look-back window during which prior DWI convictions can be used to enhance a new charge.
As of 2026, the State generally looks at whether you have prior DWI convictions within the applicable statutory period (often 10 years, depending on how the time is calculated).
If a prior offense falls outside that window, it may not count.
2. Out-of-State Convictions Can Count
Many people assume that only Louisiana DWIs matter. That’s incorrect.
Louisiana can use DWI convictions from other states—such as Texas, Mississippi, or Alabama—if the prior offense is substantially similar to Louisiana’s DWI law.
However, just because a conviction exists doesn’t automatically mean the State can use it.
3. The State Must Prove the Prior Conviction Is Valid
This is where things get legally significant.
To use a prior DWI for enhancement, the State must prove that the earlier conviction was constitutionally valid. That often involves showing that the defendant knowingly and voluntarily waived certain rights under Boykin rights when entering a guilty plea.
Those rights include:
- The right to a trial
- The right to confront witnesses
- The privilege against self-incrimination
If the record does not show a valid waiver of those rights, the prior conviction may be subject to attack.
4. Representation by Counsel Alone May Not Be Enough
A common issue arises when the State proves that a defendant had a lawyer in the prior case—but there is no clear record of a proper Boykin colloquy.
In some situations, simply showing representation by counsel is not sufficient to establish that the plea was constitutionally valid. The burden may shift depending on the evidence, but these cases often become highly technical—and highly defensible.
5. The Burden of Proof Matters
Louisiana courts follow a burden-shifting framework in DWI enhancement cases:
- The State must first prove the existence of the prior conviction
- Then, the defendant can challenge its constitutional validity
- The burden may shift back to the State to prove the plea was valid
This is where experienced legal analysis can make a major difference in the outcome of a case.
6. Why This Issue Is So Important
Whether a prior DWI counts can mean the difference between:
- A misdemeanor vs. a felony
- Minimal penalties vs. mandatory jail time
- A manageable situation vs. life-altering consequences
In other words, this is often the most important legal issue in a DWI case.
7. Every Case Is Fact-Specific
No two DWI cases are the same. The details of prior convictions—especially out-of-state cases—must be carefully reviewed, including:
- Court records
- Plea transcripts
- Waiver forms
- Representation history
What looks like a “prior” on paper may not hold up in court.
Final Thought
If you are facing a DWI charge in Louisiana and have prior offenses—whether in-state or out-of-state—do not assume the State can automatically use them against you.
A careful legal review of those prior convictions can sometimes change the entire trajectory of your case.
If you have questions about how prior DWI offenses may affect your case, it’s worth getting a detailed legal evaluation before making any decisions.
If you or a loved one has been arrested in Jefferson Parish, one of the first questions that comes up is whether the charge is a felony or a misdemeanor. This distinction is extremely important because it determines where the case will be prosecuted, the potential penalties involved, and how serious the long-term consequences may be.
In Louisiana, a misdemeanor is generally considered a less serious offense. Most misdemeanors carry a maximum penalty of up to six months in parish jail, along with possible fines, probation, and court costs. Common misdemeanor charges in Jefferson Parish include first-offense DWI, simple battery, theft involving smaller amounts, disturbing the peace, and certain domestic violence offenses depending on the circumstances.
Misdemeanor cases are typically handled in one of two courts. Cases arising on the East Bank of the Mississippi River are prosecuted in First Parish Court in Metairie, while cases from the West Bank are prosecuted in Second Parish Court in Gretna. These courts tend to move quickly, and defendants are often required to make critical decisions early in the process. For that reason, it is important to understand the charge and seek legal advice as soon as possible.
A felony, on the other hand, is a much more serious criminal offense. Felonies carry the possibility of significant jail or prison time, substantial fines, and lasting consequences that can affect a person’s future for years. A felony conviction may impact employment opportunities, professional licenses, housing options, and even the right to possess firearms.
Examples of felony charges prosecuted in Jefferson Parish include drug distribution offenses, felony theft, burglary, aggravated battery, armed robbery, and repeat DWI charges. All felony cases in Jefferson Parish are handled in the 24th Judicial District Court in Gretna. Unlike misdemeanor proceedings, felony cases involve multiple stages, including bond hearings, arraignments, motion practice, and in some situations, grand jury proceedings and jury trials. These cases often take considerably longer to resolve and require a carefully planned defense strategy.
The difference between a misdemeanor and a felony is not just about the potential sentence. It also affects how quickly a case moves, the procedures involved, and the long-term impact of a conviction. In some situations, a charge that begins as a misdemeanor can later become a felony, particularly when a person has prior convictions. Repeat DWI offenses and certain domestic violence or theft cases are common examples of charges that can escalate in seriousness.
Because of these high stakes, early legal representation is critical. The initial stages of a criminal case often present the best opportunities to challenge probable cause, negotiate reduced charges, or seek dismissal. Waiting too long to consult an attorney can limit available options and place a defendant at a significant disadvantage.
If you or a family member has been charged with a crime in Jefferson Parish, understanding whether the charge is a felony or misdemeanor is the first step toward protecting your rights. The right legal strategy from the beginning can make a substantial difference in the outcome of the case and in your future.
A DWI arrest in Louisiana can be overwhelming, especially if it is your first experience with the criminal justice system.
For Jefferson Parish DWI arrests, the location of the arrest determines which court has jurisdiction. DWI offenses occurring on the East Bank of the Mississippi River, including Metairie and Kenner, are prosecuted in First Parish Court in Metairie. Arrests occurring on the West Bank, including Gretna, Harvey, Marrero, and Westwego, are prosecuted in Second Parish Court in Gretna. Understanding what happens next can help you make informed decisions and avoid costly mistakes.
After a DWI arrest, you are typically taken into custody and either booked into jail or released once bond is set. In many cases, your driver’s license is seized at the time of arrest, and you are issued a temporary permit. This temporary license is only valid for a limited period, and you must act quickly if you want to challenge the suspension.
On the criminal side, the case proceeds through arraignment, pretrial conferences, and potentially trial. Prosecutors must prove that the stop was lawful, that you were impaired, and that any chemical testing was properly administered and reliable. These are not automatic conclusions, and each step is open to legal challenge.
Louisiana law imposes increasing penalties for repeat DWI offenses, making it especially important to handle even a first arrest carefully. A conviction can also have consequences beyond court, including higher insurance premiums and restrictions on driving privileges.
A Louisiana criminal defense attorney can guide you through both the criminal case and the administrative license process, ensuring deadlines are met and defenses are preserved. Early representation often provides the greatest opportunity to reduce charges, suppress evidence, or seek alternatives to conviction.
Stephen D. Hebert, LLC represents clients charged with DWI offenses throughout Louisiana and works to protect their rights at every stage of the process.
If you or a loved one has been arrested in Louisiana, one of the most important — and often misunderstood — issues is how long the State has to move your case forward. As a Louisiana criminal defense attorney, I frequently receive questions about delays, jail time, and whether charges can be dismissed when the process takes too long. Article 701 of the Louisiana Code of Criminal Procedure plays a central role in answering those questions.
In Jefferson Parish, Article 701 issues commonly arise in cases prosecuted in the 24th Judicial District Court in Gretna, where all felony charges are handled. Arrests made by the Jefferson Parish Sheriff’s Office or municipal police departments in Gretna, Harvey, Marrero, Westwego, Metairie, and Kenner are all subject to the same Article 701 time limits, but how those deadlines apply often depends on whether the accused remains in custody and how the case is procedurally postured.
If you or a loved one has been arrested in Louisiana, one of the most important — and often misunderstood — issues is how long the State has to move your case forward. As a Louisiana criminal defense attorney, I frequently receive questions about delays, jail time, and whether charges can be dismissed when the process takes too long. Article 701 of the Louisiana Code of Criminal Procedure plays a central role in answering those questions.
Article 701 sets specific time limits on how long a person can be held in custody without the State formally instituting prosecution or bringing the case to trial. While it is often referred to as Louisiana’s “speedy trial” rule, Article 701 is distinct from the constitutional right to a speedy trial. It is a statutory protection designed to prevent people from sitting in jail indefinitely while their cases stall.
Under Article 701, the applicable time limits depend on the seriousness of the charge and whether the person remains incarcerated or has been released on bond. For felony cases where the accused remains in custody, the State generally has 60 days from arrest to file formal charges. If the accused is not incarcerated, that time period extends to 90 days. For misdemeanor cases, the State generally has 45 days if the accused is in custody and 60 days if the accused is not.
If the State fails to file charges within these time limits, Article 701 allows the defense to file a motion seeking release from custody. It is important to understand that Article 701 does not automatically result in a dismissal of charges. Instead, the primary remedy is release from jail, meaning the accused cannot continue to be held solely because the State missed the deadline.
Even after formal charges are filed, Article 701 continues to impose time limits on bringing the case to trial. In felony cases where the accused remains incarcerated, the State generally has two years from the date charges are instituted to commence trial. In misdemeanor cases, that period is typically one year. If the accused is not incarcerated, those time limits are longer.
These timelines are not absolute. Louisiana law allows certain events to interrupt or suspend the Article 701 clock, including defense motions, continuances, or other procedural delays. Prosecutors often rely on these interruptions to argue that time has not expired, which makes careful tracking of deadlines critical.
Because Article 701 issues are highly technical, they are often overlooked by unrepresented defendants. A Louisiana criminal defense attorney can monitor the applicable deadlines, determine whether delays are attributable to the State, and file the appropriate motions when violations occur. In some cases, enforcing Article 701 can result in a client’s release from custody or significantly improve leverage in resolving the case.
At Stephen D. Hebert, LLC, we regularly evaluate Article 701 time limits in cases involving both felony and misdemeanor charges. If you have been arrested in Louisiana and are concerned about delays in your case, speaking with a criminal defense attorney early can help ensure that your statutory and constitutional rights are protected.
If you have been arrested for a first-offense DWI in Louisiana, one of the first questions you may ask is whether you really need a lawyer. As a Louisiana criminal defense attorney, I can tell you that a DWI arrest is a serious matter with immediate and long-term consequences, even for a first offense.
A DWI arrest in Louisiana triggers two separate processes: the criminal case and the driver’s license suspension through the Louisiana Office of Motor Vehicles. These cases move on strict timelines, and missing a deadline can result in the loss of important rights, including the ability to challenge your license suspension.
For a first-offense DWI in Louisiana, potential penalties can include jail time, fines, probation, substance abuse programs, and mandatory installation of an ignition interlock device. Even when jail time is suspended, a conviction can follow you for years and affect employment, insurance rates, and professional licenses.
An experienced Louisiana DWI defense lawyer can review the legality of the traffic stop, the administration of field sobriety tests, and the accuracy of breath or blood testing. Many DWI cases turn on whether law enforcement followed required procedures and whether the evidence can actually be used in court.
Just as important, having counsel early allows your attorney to communicate with prosecutors, preserve evidence, and advise you on whether diversion programs or charge reductions may be available. Waiting too long can limit your options.
At Stephen D. Hebert, LLC, we represent individuals charged with DWI throughout Louisiana. If you have been arrested for DWI, speaking with a criminal defense attorney early can make a meaningful difference in how your case is resolved.
A wide-ranging package of new Louisiana laws approved during recent legislative sessions will officially take effect on January 1, 2026, bringing significant changes for drivers, homeowners, contractors, business owners, and anyone involved in civil litigation.
Lawmakers say the reforms are intended to improve public safety, reduce litigation costs, strengthen consumer protections, and modernize state regulations. Here’s what Louisiana residents should expect.
Hands-Free Driving Law Fully Enforced
Beginning January 1, Louisiana will fully enforce its expanded hands-free driving law, often referred to as the “touch law,” ending the current grace period that emphasized education and warnings.
Drivers will no longer be permitted to hold a mobile phone to text, scroll, browse, or interact with apps while operating a vehicle. Limited exceptions remain for emergency calls and approved hands-free navigation systems. Fines increase in school zones and construction zones, and repeat violations can result in higher penalties.
The goal, according to lawmakers, is to reduce distracted-driving crashes as smartphone use continues to rise statewide.
Expanded Tax Incentives for Home Fortification
Homeowners who strengthen their properties against severe weather will see expanded tax benefits beginning in 2026. Eligible improvements include upgrades designed to enhance wind resistance and structural integrity.
Act 404 creates a $10,000 tax credit for Louisiana homeowners who fortify their roofs. Legislators say the incentives are intended to reduce storm damage, insurance claims, and long-term recovery costs for families and insurers alike.
Major Change to Civil Liability Rules
One of the most consequential legal shifts affects how fault is assigned in personal injury lawsuits. Louisiana is moving from a pure comparative fault system to a modified comparative fault standard.
Under the new law, plaintiffs who are found to be 50% or less at fault may still recover damages, reduced by their share of responsibility. Plaintiffs who are found to be 51% or more at fault will be barred from recovering damages entirely.
Supporters say this change aligns Louisiana with many other states and may help curb insurance premiums. Critics argue it could limit recovery in cases where fault is hotly disputed.
Limits on Recoverable Medical Expenses
Another tort reform measure will limit how medical expenses are calculated in injury cases. Starting in 2026, plaintiffs may recover only the amount actually paid for medical care, rather than the higher amounts billed by healthcare providers.
Lawmakers contend this reflects real economic loss and will help reduce excessive verdicts. Opponents caution that it may leave injured victims under-compensated, especially those facing long-term or specialized care.
New Roofing Contractor Licensing Requirements
Residential roofing contractors will be subject to new licensing standards beginning in 2026. Roofing projects exceeding $7,500 will require the contractor to hold either a residential roofing license or a residential construction license with a roofing designation.
The law authorizes enforcement tools such as fines and cease-and-desist orders. State officials say the new rules are designed to protect homeowners, particularly after major storms when unlicensed or fraudulent roofing activity tends to spike.
Business Tax Changes for Pass-Through Entities
Louisiana is also revising how certain businesses are taxed. Beginning in 2026, S corporations will be more clearly treated as pass-through entities under state tax law, bringing Louisiana’s framework more in line with federal standards.
Some business owners may see tax savings, while others may need to revise accounting and planning strategies.
What Louisiana Residents Should Do Now
With these laws taking effect January 1, 2026, preparation is key. Drivers should familiarize themselves with the hands-free driving requirements. Homeowners considering roof upgrades should explore the new tax credit. Contractors should ensure they meet the new licensing standards. Business owners should review their tax planning. And anyone involved in personal injury litigation should understand that new rules will apply to fault and damages.
If you have questions about how these changes affect your rights or responsibilities under Louisiana law, speaking with a qualified attorney now can help you stay ahead of the curve.
Being arrested in Louisiana can be overwhelming, especially for someone who has never been involved in the criminal justice system before. While every case is different, Louisiana law sets out a fairly defined process that begins immediately after an arrest and includes important deadlines that the State must follow. Whether an arrest is made pursuant to a warrant or without one, and whether the person remains in jail or is released on bond, can significantly affect how quickly the prosecution must act.
An arrest may occur either with an arrest warrant or without one. When law enforcement arrests someone pursuant to a warrant, a judge has already determined that probable cause exists to believe the person committed a crime. In many cases, the decision to seek a warrant follows some level of prosecutorial review, although that is not always required. After a warrant arrest, the person is booked into jail, and a court appearance is scheduled where bond may be addressed if it has not already been set.
By contrast, many arrests occur without a warrant. Louisiana law allows police officers to make warrantless arrests when a crime is committed in their presence, when they have probable cause to believe a felony has been committed, or in other limited circumstances. After a warrantless arrest, the individual must be brought before a judge within a short period of time, typically by the next business day, for a determination of probable cause and the setting of bond. Even though no warrant was issued beforehand, the legal deadlines for filing charges still begin to run from the date of arrest.
Once someone is arrested, one of the most important factors is whether that person remains in custody or is able to post bond and secure release. Louisiana law treats these situations differently because pretrial detention implicates fundamental liberty interests. The longer a person remains in jail without formal charges being filed, the greater the constitutional concern.
Article 701 of the Louisiana Code of Criminal Procedure governs the time limits within which the State must formally charge a defendant by filing a bill of information or obtaining an indictment. These deadlines are strictly tied to whether the person is still in custody or has been released on bond.
If a person remains in jail after arrest, the State must act quickly. For misdemeanor offenses, the prosecution has thirty days from the date of arrest to file formal charges. For non-capital felony offenses, the deadline is sixty days. For the most serious felony offenses, those punishable by death or life imprisonment, the State has one hundred twenty days. If the prosecution fails to meet these deadlines, the defense may file a motion requesting the defendant’s release from custody. Unless the district attorney can show “just cause” for the delay at a contradictory hearing, the court is required to order the defendant released from jail.
If the person is able to post bond and is released from custody, Article 701 still applies, but the State is given more time to file charges. In misdemeanor cases, the prosecution has ninety days from the date of arrest to file a bill of information or indictment. In felony cases, the deadline is one hundred fifty days. If the State fails to meet these deadlines and cannot show just cause for the delay, the defense may seek an order discharging the bond obligation. While this does not permanently bar prosecution, it relieves the defendant from the conditions and financial burden of the bond.
It is important to understand that a successful Article 701 motion does not automatically result in dismissal of the case. In most situations, the remedy is release from custody or discharge of bond, not dismissal of charges. The State may still file charges later, so long as it does so within the applicable prescriptive period and complies with constitutional speedy trial requirements. However, Article 701 is a powerful tool to prevent people from sitting in jail indefinitely while the prosecution delays formal action.
Once charges are filed, the case proceeds to arraignment, where the defendant enters a plea, most often not guilty. From there, the case moves into the pretrial phase, which includes discovery, motion practice, and hearings. Article 701 also contains provisions governing the right to a speedy trial after charges are filed, particularly when a defendant files a formal motion demanding a speedy trial.
The period immediately following an arrest is one of the most critical stages of a criminal case. Decisions made during this time can affect bond, custody status, and long-term strategy. Understanding the timelines imposed by Louisiana law, particularly Article 701, can make the difference between remaining incarcerated and securing release while a case is pending. Anyone who has been arrested should speak with an experienced Louisiana criminal defense attorney as early as possible to ensure that these rights are protected and that the State is held to its legal obligations.
New Orleans, LA – [October 27, 2025] – New Orleans criminal defense attorney Stephen D. Hébert has once again been recognized among the city’s finest legal professionals, earning a spot on New Orleans Magazine’s Top Lawyers list in Criminal Defense for the tenth time. This honor reflects over a decade of consistent excellence, professionalism, and dedication to protecting the rights of the accused.
The Top Lawyers list, published annually by New Orleans Magazine, is based on peer nominations and an independent evaluation process conducted by Professional Research Services (PRS). Attorneys throughout the Greater New Orleans area are asked to nominate colleagues they would recommend in various practice areas. The final list represents those most highly regarded by their peers for professional achievement and ethical standards.
“It’s an honor to be recognized once again by my peers in the New Orleans legal community,” said Hébert. “Defending the rights of the accused has always been my passion, and I’m grateful for the trust my clients and colleagues continue to place in me.”
A former prosecutor, Stephen D. Hébert has built his private practice on the principles of vigorous advocacy, integrity, and client-centered representation. His practice focuses on criminal defense, representing clients in both state and federal courts across Louisiana. In addition to his legal work, Hébert is also a Brazilian Jiu Jitsu black belt, a discipline that mirrors his persistence and strategic mindset in the courtroom.
For more information about Stephen D. Hébert, visit stephendhebert.com or contact his office at (504) 250-6020.
About Stephen D. Hébert, Attorney at Law, L.L.C.
Stephen D. Hébert is a New Orleans-based criminal defense attorney representing individuals in state and federal courts throughout Louisiana. A former Assistant District Attorney, Hébert has earned repeated recognition for his professionalism, courtroom skill, and commitment to justice. His firm handles a wide range of criminal matters, including misdemeanors and felonies.
I’m honored to share that I’ve once again been recognized by Three Best Rated as one of the top three criminal defense attorneys in New Orleans.
This continued recognition is incredibly meaningful—not just because it reflects years of hard work, but because Three Best Rated uses a rigorous 50-point inspection process, including reputation, history, complaints, ratings, satisfaction, trust, cost, and general excellence. It’s not a pay-to-play list. It’s earned.
As a former prosecutor turned award-winning criminal defense attorney, I’ve built my practice around one core belief: every person deserves a strong defense. From DWI and drug charges to serious felony offenses, I fight for my clients with the experience, insight, and dedication their case demands.
This recognition would not be possible without the trust of my clients, the support of my peers, and the hard work of everyone who has contributed to my firm’s success. I remain committed to protecting the rights of those facing criminal charges in New Orleans and throughout Louisiana.
Navigating the criminal justice system in New Orleans can be overwhelming—especially if it’s your first time dealing with law enforcement or the courts. Unfortunately, misinformation is everywhere. Too often, I see clients walk into my office believing myths that can seriously hurt their cases.
Let’s clear up some of the most common misconceptions I hear from prospective clients in and around New Orleans.
Myth #1: If the police didn’t read me my rights, the case gets thrown out.
You’ve heard it a hundred times on TV: “You have the right to remain silent…” But here's the reality—Miranda rights only need to be read after you're in custody and before you're interrogated. If the police arrest you but don’t question you, there’s no Miranda violation. Even if they do question you without reading your rights, it doesn’t automatically mean your case gets dismissed. It may just mean that certain statements can’t be used against you in court. Miranda also has no application if the prosecution does not intend to offer any statements against you at trial.
Bottom line: A Miranda violation can help your defense—but it doesn’t guarantee a walk.
Myth #2: I can’t be charged if the police didn’t find the evidence on me.
This is a big one. Many people think that if drugs, weapons, or other illegal items aren’t found directly on their person, they’re in the clear. Not true. Louisiana law—and federal law—allows for what's called “constructive possession.” That means if you had control over the item or knew it was nearby, you can still be charged.
For example, if you’re in a car and illegal drugs are found in the center console, you might be held legally responsible even if they weren’t in your pocket.
Myth #3: Hiring a private attorney is no better than getting a public defender.
Let me be clear: Public defenders are hardworking attorneys who care deeply about justice. But they’re often juggling huge caseloads and limited time. When you hire a private criminal defense attorney, you’re getting someone who can devote more focused attention to your case—someone you’ve chosen, not someone assigned to you.
As a private defense lawyer based in New Orleans, I work directly with my clients, investigate the facts thoroughly, and customize a legal strategy based on the unique details of the case. That level of personal attention can make a meaningful difference.
Myth #4: If I’m innocent, I don’t need a lawyer.
This is one of the most dangerous myths out there.
Even if you're 100% innocent, you can still be arrested, charged, and brought to trial. Police officers and prosecutors make mistakes—or rely on inaccurate information. Evidence can be misinterpreted. Witnesses can lie or misremember. The criminal justice system is not perfect, and assuming that the truth will automatically protect you is a risky move.
An experienced criminal defense attorney doesn’t just defend guilty people—they protect the rights of everyone, including the innocent.
Myth #5: All criminal cases go to trial.
Most criminal cases in Louisiana—and across the country—don’t end in dramatic courtroom trials. They’re often resolved through plea negotiations, dismissals, or other pre-trial agreements. That doesn’t mean you shouldn’t prepare as if you're going to trial—on the contrary, strong preparation is what often leads to better outcomes outside of court.
The key is having a lawyer who knows when to fight and when to negotiate. Every case is different, and your defense should reflect that.
If you've been arrested or are under investigation in New Orleans, don't rely on myths or secondhand advice. Talk to a qualified criminal defense attorney who can give you the facts—and fight for your rights.
Have questions about your case? Feel free to contact me for a confidential consultation.
