On this page
- Where is a Metairie DWI case heard?
- Who decides a Metairie DWI: a judge, not a jury
- Metairie DWI penalties at a glance
- Can a first DWI come off your record in Jefferson Parish?
- Protect your license before the 30 days run out
- How Barry tests the evidence in a Metairie DWI
- Next steps after a Metairie DWI arrest
Where is a Metairie DWI case heard?
A Metairie first or second offense DWI is usually heard in First Parish Court of Jefferson Parish, 924 David Drive. That court handles misdemeanors, traffic cases and small civil matters for the East Bank of Jefferson Parish.
A third or later offense is a felony. Felonies go to the 24th Judicial District Court in Gretna, at 200 Derbigny Street, where the Jefferson Parish District Attorney prosecutes them. Metairie is unincorporated, so most arrests there are made by the Jefferson Parish Sheriff's Office rather than a city police force.
If you are held after arrest, the parish jail is the Jefferson Parish Correctional Center at 100 Dolhonde Street in Gretna.
Who decides a Metairie DWI: a judge, not a jury
A first or second DWI is decided by a judge alone. Louisiana only allows a jury on a misdemeanor that can bring more than 6 months in jail or a fine over $2,500, and a first or second DWI tops out below that.
That changes how the case is fought. There is no jury to persuade with emotion. The work is in pretrial motions, in pressing the officer on cross-examination and in showing the judge where the evidence falls short. Barry has spent his career in criminal courtrooms, including an internship with Judge Robert Pitre of Jefferson Parish and years as a trial prosecutor in Orleans Parish.
Metairie DWI penalties at a glance
The penalty depends mostly on how many prior DWIs you have within 10 years and how high your BAC was.
| Offense | Fine | Jail range |
|---|---|---|
| 1st offense | $300 to $1,000 | 10 days to 6 months (most can be suspended) |
| 1st, BAC 0.15% or more | $300 to $1,000 | At least 48 hours must be served |
| 2nd offense | $750 to $1,000 | 30 days to 6 months, at least 48 hours served |
| 3rd offense (felony) | $2,000 | 1 to 5 years |
Probation on a first offense often includes community service, a substance abuse program, a driver improvement course and an ignition interlock for at least 6 months. Our DWI defense page covers every level.
Can a first DWI come off your record in Jefferson Parish?
Often it can. Under Article 894, a judge can defer a first-offense DWI sentence and, after you finish probation, set the conviction aside. Once it is set aside, you may be able to have it expunged.
There is a limit: Louisiana allows a DWI set-aside only once in a 10-year period, with one extra for people who complete DWI court. Barry looks at this from day one, because how a case is resolved decides whether this option stays open. See our expungement page.
Protect your license before the 30 days run out
You have 30 days from the arrest to request an administrative hearing with the Office of Motor Vehicles. The receipt the deputy gave you works as a temporary license during that time. Miss the deadline and the suspension starts on its own.
A first failed test means a 180-day suspension, and a first refusal means 1 year. With an ignition interlock you can usually get a restricted license right away. Call (504) 905-8399 and we will make the request for you.
How Barry tests the evidence in a Metairie DWI
Barry starts by asking whether the deputy had a lawful reason to stop you. If the stop fails, much of what followed may be challenged. Then he requests every record the State has and checks each one.
- The dash camera and body camera video, compared to the written report.
- The field sobriety tests, including the instructions given and the conditions on the road.
- The breath machine's maintenance and inspection records and the operator's paperwork.
- Blood or urine results, including how the sample was collected and stored.
As a former trial prosecutor, Barry knows which weaknesses make the State reconsider a case. He uses them in negotiation, and he is ready to argue them to the judge if the case goes to trial. Call (504) 905-8399 to have him review your arrest.
Next steps after a Metairie DWI arrest
- Tonight: write down where you were stopped, what you drank and when, and what tests you took.
- Within 24 hours: gather your citation, bond papers and license receipt.
- Within a few days: call for a free, confidential consultation. Barry is available 24/7 and can meet in person in Kenner or remotely.
- Before day 30: make sure the OMV hearing request is filed.
For other charges in the area, see our Metairie criminal defense and Jefferson Parish pages.