Louisiana is not alone in its fight against drunk driving. While the state does have DUI laws that punish motorists who choose to get behind the wheel after the consumption of alcohol, drugs, or other intoxicants, the number of DUI related accident causing injuries and deaths are on the rise.
Drunk driving is the single largest cause of motor vehicle deaths in Louisiana and accounts for almost 50% of traffic related deaths every year. This is why legal professionals are in a frenzy, and are parents and so on! Some of best ones are very close by as well. They have proven track records and they know how to attack the other side.
Do not feel like this case is over with. Just because the DA says it is so does not mean that it is so.
You must consent to the test
Like most other states, anyone 21 or older found behind the wheel with a Blood Alcohol Content (BAC) limit of 0.08% will be slapped with DUI charges. According to legal pros, the law of implied consent can be used by an officer if you are pulled over on the suspicion of drunk driving and tested through a breathalyzer or blood test. The law mandates that you automatically consent to be tested. Refusing a blood test will result in the suspension of your driver’s license for six months, if you are a first time DUI offender.
However, most legal counselors believe that blood analysis is hardly a gold standard when it comes to sobriety testing. Many parishes have adopted the ‘no refusal policy’ where law enforcement will obtain a warrant if you refuse to take a blood test. These tests are considered to be the gold standard in testing for alcohol and drugs, but are very often not what they are really thought to be.
For the most part, anxiety medications and a few psychotropic drugs for depression and panic disorders can cause impairment. So is the case with narcotics that are used as pain relief drugs and widely prescribed legally in many cases.
Tests do not prove impairment
Legal representatives tell us time and time again that prosecutors will always, regardless of the actual level of impairment, do their best to prove the presence of alcohol or drugs as proof of impairment. However, it is fundamental to remember that this is nothing but a presumption, and not proof of impairment, which if you feel you have been wrongly charged, will be argued and rebutted by your legal pro.
Urine tests also cannot prove the precise quantity of level or drugs or alcohol and can only determine their presence. Therefore, any positive result can still be contested if considered automatic proof of impairment.
Crime lab analysis
DUI attorneys also question the analyses by crime labs in some cases. There are several factors that could result in inaccurate results. This includes human errors in the collection, handling and transportation of blood samples, and preparation of these samples for analysis. There could also be human errors in the gas chromatography or poor quality control in analysis and testing.
Legal help is right around the digital corner
Competent and judicious Lafayette, LA DUI lawyers frequently question and target this type of analysis which is deemed indisputable by prosecutors. They do this on the behalf of their clients because this could be a smart avenue of attack. Make sure their evidence collection process in your case was true and sound!
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If you find yourself in such a predicament, make sure to get in touch with a profound legal representative who has the skills to find errors and discrepancies in the prosecution’s case. This could go a long way in proving your innocence and help you beat your DUI charge.
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