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Facing a DUI charge in Louisiana? These are issues that may affect your case.

| May 17, 2018 | Drunk Driving, Firm News |

Facing drunk driving charges was not on your list of things to do at college, but things don’t always go as planned. Maybe you experienced a lapse in judgment and now regret your decision to drive home from a party, or maybe you believe you have evidence to show that the prosecution’s case against you is faulty. 

Building a strong defense is often possible if you know your rights and where to seek legal guidance. Several key factors may positively or negatively affect the outcome of your situation. Facing a DUI charge is scary, and realizing that the court’s decision may have consequences that impact your entire college career can be very stressful. This post provides useful information to point you in the right direction for possibly avoiding a conviction and getting your life back on track. 

Blood-alcohol content rises over time 

How much time passed between the moment the police officer pulled you over and the moment you blew into a Breathalyzer? Just because test results suggest you illegally operated a motor vehicle due to .08 or higher BAC doesn’t necessarily make it so. Your BAC when you were driving may have been within legal limits, especially if there was a significant time delay between the traffic stop and the breath test.  

DUI conviction possible even if you pass a Breathalyzer 

It would be nice if passing a breath test could guarantee that you will not be charged, but that is not the case. While test results in your favor may help build a strong defense, prosecutors may present other evidence that sways the court. This is why it’s always best to have experienced and aggressive defense representation to increase your chances of securing a positive outcome. 

Implied consent laws apply      

When you obtained a driver’s license in Louisiana, you consented to taking chemical tests in connection with lawful requests to do so regarding DUI suspicion. If you refuse to take a chemical test when a police officer asks you to do so, you will likely incur automatic administrative penalties that include driver’s license suspension. Prosecutors may also use the fact that you refused against you in court.  

Having to call home and tell your family that you’re facing DUI charges will undoubtedly not be among your favorite college memories. Just remember that you are definitely not the first person to try to avoid a DUI conviction while attending college. By remaining as calm as possible and taking advantage of all the legal options available, you may be able to greatly mitigate the negative consequences of an arrest.

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