Driving under the influence (DUI), also called driving while intoxicated (DWI), is a serious offense in Louisiana. A DUI conviction has more consequences than just the license suspension, fines, or jail time — it leaves a criminal record behind, which may negatively affect your job search, college admission, and other opportunities that involve a background check. That’s why hiring an experienced Louisiana DUI defense attorney is crucial at this stage.
Eric Johnson is a prominent and sought-after criminal defense lawyer who has represented dozens of Louisianians facing criminal charges. Eric will put to work his decades of experience to ensure your case results in the best possible outcome. Time is of the essence in DUI charges; therefore, don’t waste any time in consulting a skilled attorney.
How to Get a DUI Charge Dropped
It can be overwhelming when you get arrested for DUI-related charges. Typically, no two cases are entirely similar, and the charges may get confusing and overwhelming quickly. However, a DUI defense lawyer may be able to poke holes into the prosecution’s evidence and get your case dropped before it even gets into court. Alternatively, your attorney may discuss with the prosecutor and get you a favorable plea deal arrangement.
As a last resort, the case may end in court. Here, your attorney might sway the judge or the jury to dismiss your case. But even if the case proceeds to trial, a skilled attorney can still fight for you and may achieve an acquittal verdict. That is why it’s crucial to hire an attorney who understands your case in every aspect it may take.
The chances of your DUI charge being dropped depend on many factors and how strong your defense is. Some factors that may increase the chances of getting a DUI charge dropped may include the following:
- If it’s your first DUI charge
- You have no criminal convictions on your record
- Your BAC level was low
- A prescription drug caused the intoxication
Let our professional Louisiana criminal defense lawyers help you fight for your freedom and justice. We’ll leave no stone unturned during our investigation and evidence gathering to counter the prosecution’s evidence. Remember, the prosecution must prove beyond a reasonable doubt all elements of a crime were present to obtain a guilty verdict, meaning they must show the defendant was intoxicated at the time of arrest and that they were the ones driving the vehicle. Your lawyer will work hard to present evidence contrary to the fact.
What Are Defenses Against DUI Charges?
In Louisiana, the BAC limit for adults is .08 and .02 for drivers under 21 years. If you have been charged with DWI in Louisiana, your defense lawyer may employ various defense tactics to try and get your charges dropped or get a more favorable outcome. Some of them include the following:
Challenging the Police Stop
Law enforcement officers must have reasonable grounds to stop anyone. If the officer didn’t have valid grounds for stopping you, your DWI attorney can challenge the evidence and potentially get the case dismissed for lack of sufficient evidence.
No Probable Cause For Arrest
The police are legally responsible for establishing sufficient probable cause before any arrest. In this case, the law enforcement officer must have the basis on which they believed the defendant was under the influence of a drug or alcohol at the time of the arrest. If there was no probable cause for your arrest or the officer just apprehended you for personal issues, we may be able to challenge this in court and get your DUI charge dropped.
Challenging the BAC Test
There are many areas your defense attorney may try to poke holes in the evidence in court to challenge the blood alcohol content test. They may include:
- The machine wasn’t working properly
- The operator lacked knowledge or certification to operate the breathalyzer
- It was a false positive because factors such as high body temperature affected the test
- The sample used was contaminated or belonged to someone else
- Incorrect blood draw practice
- Medications you had taken tampered with the result
- Improper or forced standardized field sobriety test
- The officer made a mistake
With years of experience in this field, we have different ways we might be able to successfully challenge the blood alcohol content test and render the evidence insufficient.
Though you can refuse a breath test in LA, this can have dire consequences, as it becomes acceptable in court as a consciousness of guilt and carries an added penalty.
Contact an Experienced Louisiana DWI Defense Lawyer
Dealing with DUI charges is not an easy thing. You risk conviction, which has a lot of consequences, some of which can affect you in the long run, such as reduced job opportunities. Therefore, retaining an experienced defense lawyer with extensive knowledge of Louisiana DUI laws is crucial.
At John D. & Eric G. Johnson Law Firm, we take every case with the weight and a mindset of winning. Our DWI defense lawyers will re-evaluate the evidence presented against you to detect existing weak points and build a solid defense. We will tenaciously fight for you to potentially get the charges dropped or a favorable plea agreement before trial. But even if the case proceeds to trial, we’ll be there to fight for your freedom. Call us at (318) 377-1555 or fill out this form to schedule a free, confidential consultation.