Things You May Not Have Known About A DUI or DWI
Although a DUI seems like a straightforward type of legal case, DUI and DWI laws in Louisiana are actually more complex than you may think. Our Louisiana DUI defense attorney at the Law Offices of Philip B. Adams, LLC explains more about DUI and DUI cases that you may not have been aware of.
The Maximum Blood Alcohol Level (BAL) Level May Vary
You may already know that for everyday drivers, if a driver has equal to or more than a .08 BAL, the driver is considered to be driving under the influence. However, the legal BAL limit is different for commercial drivers. For commercial drivers, the BAL limit is only .04. And if you are a minor, it is even lower than that, at.02.
At BAL levels of .02 and even .04, many drivers may not even be aware that they are intoxicated, as they may not “feel very drunk.”
You Don’t Need Any BAL Level At All
When police stop you and obtain a legal BAL from you pursuant to a breathalyzer, it is an easier case for the state to prove your guilt—numbers are easy for a jury to understand, so they just compare your BAL to the legal limits.
But that’s not the only way the State can prove that you are guilty of DWI. Even if you have no BAL (for example, you were unable to take a breath test in the proper amount of time, or for some reason, no test was given to you), so long as the government can show that your normal faculties were impaired because of blood or alcohol, they can still charge you with, and potentially convict you of, DWI. Officer observations of your behavior, for example, could be used against you. An officer might claim that you exhibited red and glassy eyes, stumbled, etc.
It’s Not Just About Alcohol
The “I” in “DWI” stands for “intoxicated.” And while we think of intoxicated as meaning drunk because of alcohol, that’s not always the case.
In Louisiana, it is illegal to drive under the influence of medications or drugs—even if you otherwise have or possess those drugs, legally, including marijuana. So, for example, even if you have a prescription for a medication, you can still be charged with DWI if you are driving under the influence of that medication, meaning your ability to operate the vehicle is impaired.
The Field Sobriety Test
You do not legally have to take a field sobriety test in Louisiana unless the officer has a warrant. For those who are nervous or have physical limitations, they may be best served by declining. You do, however, legally have to take a breath test if asked by the officer. Otherwise, you could face a license suspension. Some drivers may choose to face a possible license suspension rather than take a breath test that results in more evidence that can be used against them.
You’ve Been Searched
If you are pulled over, and you take a field sobriety test, and maybe even a breathalyzer test, you may not realize it, but you have, according to the law and constitution, been “searched.”
The constitution provides that people cannot be searched or seized without probable cause or a warrant. Because a sobriety test or breath test doesn’t immediately seem like a search—the way it would be if, say, an officer searched the trunk of your car—many drivers don’t realize that they do have constitutional rights that they can assert, to challenge the legality and constitutionality of the officer’s conduct. Under the Fourth Amendment, you may be able to challenge the seizure and/or searches resulting from the following:
(1) Initial stop of your vehicle
(2) Requirement that you take a field sobriety test
(3) Requirement that you take a breath test
(4) Any other search or seizure that may have happened.
Even if you were, ultimately, driving while intoxicated, this does not justify an otherwise illegal search or seizure. Officers must meet constitutional requirements before they can stop you or search you. The Fourth Amendment is a powerful defense against DWI charges.
For more information, contact the Law Offices of Philip B. Adams, LLC today. We are top-rated, relentless, and aggressive Louisiana criminal defense lawyers. Complete our “Contact Us” page here. You may significantly benefit by having an attorney with legal competence and experience assist you with your Louisiana criminal case. We have offices in Shreveport and handle criminal defense cases throughout Louisiana.