DUI Defense Strategies in Louisiana

Penalties for DUIs in Louisiana

Whether it’s a first offense or a repeat offense, penalties for DUIs are more than a slap on the wrist. Furthermore, the more times an individual has faced charges, the more serious those penalties will become. 

Common penalties for DUI offenses include:

• Expensive fines ($300-$1,000)
• Loss of license (1-2 years)
• Incarceration
• Community service
• Driving school
• Installation of an Ignition Interlock Device
• Treatment 

To avoid penalties such as these, your best option is to contact an attorney experienced in DUI cases as soon as possible. 

Viable DUI Defense Strategies

When it comes to a DUI arrest there are multiple defense strategies that provide viable opportunities to have your penalties cleared or reduced. A reputable defense attorney will be able to inform you of your most viable defense options and help you determine which will work best to prove your innocence. Some of the defense strategies your attorney might suggest include:

• Rising BAC

After you stop drinking, your BAC can continue to rise. If you were arrested long after your last drink, this might be a viable option for you.

• Equipment malfunction

Breathalyzer equipment needs to undergo maintenance on a regular basis to function properly. If you suspect your BAC was incorrect, this strategy might aid in your defense.

• Insufficient Evidence

There has to be evidence to prove you were drinking and driving for you to be convicted. If the arresting officer has little to no proof of the charges, you might benefit from this strategy.

• Vehicle not in operation

To be arrested for drinking and driving, the vehicle must be in operation. If the vehicle was parked and off when you were arrested, this defense strategy could be a wise choice.

• Violation of rights

If an illegal search was part of your arrest or you were pulled over without reasonable cause, using this argument will help your defense.

• Inadequate training

Operating breathalyzer equipment and speed monitoring equipment requires extensive training. If the arresting officer in your case was not properly trained, the court will need to know.

A good DUI lawyer will know all of these defense strategies and more. Once they understand the details of your case they will be able to determine which strategy to use in your defense.

DUI Defense Checklist

When you’re arrested for a DUI, it’s easy to get overwhelmed and caught up in the moment and forget what to do. However, if you want the best chance at proving your innocence and reducing or eliminating your charges, you must follow the appropriate steps within the appropriate time frame. Below is a checklist to help keep you on track, making the right decisions following a DUI arrest.

• Maintain your innocence.

Just because you were arrested or because your BAC was .08 or above does not mean you’re guilty. If you’re arrested for a DUI, never admit guilt or assume you’re guilty until you consult a lawyer.

• Contact an attorney as soon as possible.

Although the days following a DUI arrest are extremely emotional, you have to get down to business right away and contact an attorney. The sooner you do so, the more likely you are to have your charges dropped before a court appearance.

• Keep details about your arrest private.

Following a DUI arrest, everyone will have questions for you – including law enforcement officials and the insurance company. Do not offer details about the event to anyone without consulting an attorney first. If you do, you could compromise your innocence.