Damico & Stockstill, Attorneys at Law

Drunk Driving Archives

Driver of head-on crash faces DUI and vehicular homicide

Having a drink or two here and there is typically not an issue. For those of legal drinking age, it is expected that one will drink responsibly. However, this can look different from one person to the other, as alcohol tolerance can vastly change from one person to the next. And even if a motorist believes that they are fine to drive, it is possible that he or she may be over the limit. In the event that law enforcement suspects drunk driving in a traffic stop or following an automobile collisions, it is possible that the driver could face a drunk driving charge.

Helping you timely address a DUI charge

Once we hit the age of 16, most individuals in Louisiana and elsewhere obtain a license to drive. And when we finally reach age 21, we seek to legally drink. While both of these activities are legal to do once the proper age is reached, doing both activities at the same time is not only considered dangerous but could also result in a driver facing criminal charges. Although a DUI is a traffic offense, it is one that could carry harsh penalties, especially if it is not a driver's first allegation. Thus, taking these matters seriously and exploring defense options is a vital step to take.

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

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. 

Did drinking on campus land you in jail?

What would happen if your college professor gave you an assignment to write an essay about the social, emotional and academic challenges you have faced since your first semester in college? You'd likely have no shortage of content. If your college experience has been similar to average students' situations throughout the nation, you could probably fill three to five (if not more) pages on each of the categories just mentioned.  

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.

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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