Drivers who have been accused of driving under the influence of alcohol sometimes make the mistake of thinking that they have to plead guilty, but we think that it is very important for them to know that this is not the case. They do have the freedom to enter any plea that they choose, no matter how the arrest was made, depending on the direction that they want things to go.
The first thing that someone who has been pulled over for a DUI needs to know is what technically qualifies as a DUI in this state. These are state laws, after all. In Louisiana, the legal limit is .08 when it comes to blood alcohol concentration or BAC.
The BAC that a person has, can be obtained by the authorities in a number of different ways. For instance, one of the most well-known tactics for this is to use a portable breath test, which can be done on the spot if the officer has a test kit in the squad car. However, this test can be refused. An officer may simply arrest a person on suspicion of DUI and have him or her take a Breathalyzer test. If this is impossible for some reason — or if the driver refuses it — a blood test can also be used.
However, DUI charges can be issued even if a breath or blood test is not used. They can be given out based solely on the field sobriety tests and the officer’s decision that a driver has failed said tests. In cases like these, those being charged truly do have a lot of legal options.
If you would like to learn more about these options, you may find our DUI page to be helpful as you move forward with your case.