Damico & Stockstill, Attorneys at Law

Drunk Driving Archives

Can you refuse a field sobriety test?

Let's face it; we all hate getting pulled over, no matter the reason or speculation. It can be a frustrating experience because no one wants to face a traffic violation. However, being stopped by law enforcement is possible in Louisiana and elsewhere. And in some cases, it is because officers suspect that a motorist is under the influence of alcohol. When this occurs, police officers will likely take steps to attempt to prove their suspicions that a motorist is drunk driving.

3 ways police look for probable cause to arrest you for DUI

Let's say you're driving down a Louisiana highway after an LSU sporting event, and you glance in your rear view mirror only to find a police car following you with flashing lights. Knowing that staying calm and cooperating as much as possible may be key to avoiding a lot of legal trouble, you safely pull to the side of the road and come to a full stop.

A police officer can request a warrant to draw your blood

If you are age 21 or older, it is your legal right to consume alcohol. You're obligated, of course, to adhere to all regulations governing alcohol consumption in Louisiana or wherever you happen to be at the time you imbibe. Nothing can ruin a fun night out with friends like a police officer pulling you over on your trip home. Enjoying a beer or glass of wine with dinner doesn't necessarily mean you break the law when you later get behind the wheel of your car to drive. 

Louisiana deputies suspended after evidence collection mishap

When officers stop a vehicle for a traffic violation or are questioning motorists and passengers following a motor vehicle accident, the officers will likely conduct investigation by questioning the driver. By gathering this evidence, law enforcement might have enough information to prove their suspicions correct, that the driver is under the influence of alcohol. While officers cannot act on just these suspicions alone, specific evidence must be uncovered to warrant an arrest and a charge for drunk driving. When this evidence is not available or improperly collected, this can present challenges in the state's case, opening up defense options for the accused.

Things to know before you submit to a Breathalyzer test

If you were driving home after a night on the town with friends and a police officer stopped you on suspicion of intoxication, you might not be the least bit worried if you knew you only had imbibed a single alcoholic beverage. In fact, if you enjoyed your beverage early in the evening then spent the next several hours eating, drinking water and perhaps, coffee, and simply hanging out and having a good time, you'd likely be even less concerned about a minor traffic stop.

Understanding underage DUI laws in Louisiana

As we get older, our responsibilities tend to increase. At the age of 16, residents in Louisiana and elsewhere are entrusted to operate a motor vehicle. At the age of 21, individuals can legally consume alcohol. While there are milestones for certain privileges, this does not mean that everyone will follow the rules that often come along with them. Underage drinking unfortunately occurs, and when teenagers decide to get behind the wheel of a vehicle after consuming alcohol, they not only put lives at risks but also risk facing criminal charges.

What should I do or not do at a DUI checkpoint in Louisiana?

You may have noticed that police show increased presence on Louisiana roadways at certain times of year. That is because drunk driving crashes tend to spike around particular holidays like Fourth of July weekend, Labor Day, Thanksgiving, Christmas and New Year's Day.

Taking an aggressive approach against DUI allegations

No one enjoys facing traffic violations. While these are typically minor offenses, they still have the ability to impact your personal life and cause you to endure fines and other penalties. However, when a motorist is accused of drunk driving, he or she will likely treat this more seriously than a speeding ticket. This is for a good reason because a driver could face penalties such has large fines, license suspension and other consequences.

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Damico & Stockstill, Attorneys at Law

8048 One Calais Avenue | Suite A | Baton Rouge, LA 70809-3483 | Phone: 225-250-1812 | Fax: 225-769-0195 | Baton Rouge Law Office Map