What is an 894 Plea for DUI cases in Louisiana?
If you have been charged with a DUI or DWI in the state of Louisiana and especially in St. Tammany Parish, you may have heard about an 894 plea.
An 894 plea can be a good option for certain individuals, but without understanding exactly what an 894 plea is and seeking the guidance of an experienced DUI or DWI lawyer, it can be difficult or confusing to understand this statute and if it applies to you.
The following offers a brief overview of Article 894 and how it applies to DUI and DWI charges in Louisiana:
What is Article 894?
Article 894 is part of the Code of Criminal Procedure, and was revised in 2008. It is one of two articles that allow the court to suspend sentences for misdemeanors for certain offenders, permitting the offense to be expunged from one’s record if all the conditions are met. The offender is required to fulfill certain obligations which often include a probationary period, driving courses, court fines, and community service.
I have been charged with a DUI/DWI. Am I eligible for an 894 plea?
Some of those who have been charged with a DUI or a DWI can qualify to plead guilty under Article 894, which will allow them to have a clean record providing that they follow the terms of the court’s judgment even though they are guilty of driving under the influence.
In order to qualify for this plea, a driver should have the following:
- A clean driving record, which means no more than one moving violation over the past three years
- A drivers license from Louisiana or one of the participating states
- No other dismissals over the past five years
- Pay any fines
- Take the appropriate driving course
- Judge’s approval for the plea
- Complete probationary period of six months
What does it mean to have a charge dismissed under an 894 plea?
Having a DUI or DWI charge dismissed as a result of an 894 plea is much the same as being acquitted at a trial. The offense will no longer appear on your record. However, it can be used in later trials as a basis for classification as a multiple or repeat offender.
Should I ask for an 894 plea?
Only a legal professional with experience in DUI and DWI cases can tell you if an 894 plea is the best choice in your situation. Contact the experienced team at Delise and Hall today if you have been charged with a DUI or DWI to determine the best course of action at this challenging point in your life.
Rely on experienced local DUI attorneys for advice
Before committing to an 894 plea as part of your DUI defense, we strongly urge you to contact us at the law firm of Delise and Hall. Our DUI attorneys have extensive experience with DUI cases throughout Louisiana and especially in St. Tammany Parish.