Generally speaking, police need to have probable cause to pull you over unless you have clearly violated a law, such as speeding or running a red light. What this means is that if an officer notices questionable behavior that is not illegal, you may still be pulled over. Such behavior can include drifting or swerving in your lane or driving too slow, for example, and these displays may cause an officer to wonder if you are intoxicated.
If an officer pulls you over and suspects that you are under the influence, the officer will likely ask you to submit to a field sobriety test, which could include testing motor functions or even breathing into a machine designed to determine your BAC. If you fail these tests, you will almost certainly be charged with a DUI, and the effects of being convicted could change your life forever. Still, it is important to remember that being charged does not equate to being convicted.
Many people fear that being charged with a DUI because they failed a sobriety test have no chance of escaping conviction. Breathing higher than the legal limit into the Breathalyzer can certainly seem very incriminating, and it will undoubtedly be strong evidence in your criminal case. However, no case is “open-and-shut.”
With the right legal defense, you can prove that you were not intoxicated even if you blew above the legal limit. For example, you could demonstrate that the machine was not calibrated properly, so the number you blew was not accurate. Louisiana takes drunk driving charges very seriously, so if you are charged with a DUI, it is in your best interests to visit our webpage. There, you can learn how we can help you defend yourself against DUI charges.