Driving under the influence is a serious charge in Louisiana. If you are convicted, you could face a variety of penalties. However, there are certain defenses that could be used in your case. One might be stronger than others depending on the situation.
Not given the right to contact an attorney
If you were arrested for driving under the influence or any other crime, you have the right to ask for an attorney. You have the right to refuse to answer questions from the police about your conduct until after you have consulted with an attorney. If the police refuse to give you the opportunity to do that, you can use it as a defense in your case.
Breathalyzer was inaccurate
Breathalyzer tests are not foolproof. They are designed to measure the amount of alcohol on your breath, but there are times when their results are inaccurate. The test must be properly calibrated and administered properly or they can be unreliable. As a result, it’s possible to use that as a defense if you face drunk driving charges.
Field sobriety test was inaccurately given
Sometimes, when a police officer pulls over a driver while suspecting them of being under the influence of alcohol or drugs, they make them take a field sobriety test. However, if the officer improperly administered the test, it could be argued as a defense in your case. It’s also a solid defense if you have a disability or are overweight, two situations that make it difficult or even impossible to pass a field sobriety test.
No reasonable suspicion
A police officer must have a reasonable suspicion that a crime is being committed to pull you over. They can’t just stop you and arrest you for DUI without a reason. This is a strong defense for some DUI cases.
If you face drunk driving charges, one of these defenses might work in your favor.
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