Drunk driving is a serious offense that can result in harsh punishments. If you have been charged with a DWI, you will need an experienced criminal defense attorney to help you protect your rights. One method by which you can defend yourself against the prosecution is to challenge the legality of the police stop that led to your charges. You may be able to argue that the police officer lacked probable cause to detain you in the first place, or the officer made serious procedural errors during your stop that caused any evidence to be inadmissible in court.
As you prepare to defend yourself in a DWI case, you should not hesitate to obtain proper legal representation. A DWI conviction can seriously affect your future; therefore, you need a skilled attorney who understands the nuances of DWI cases. At John D. & Eric G. Johnson Law Firm, our criminal defense attorneys have successfully defended countless clients against DWI charges.
DWI Charges in Louisiana
In Louisiana, many people find themselves with a DWI arrest after being stopped for displaying reckless driving behaviors or as a result of a DWI checkpoint. Sobriety checkpoints are legal in Louisiana, and police officers may detain a driver who exhibits reckless driving behavior and conduct a sobriety test. Police officers often use breathalyzers and field sobriety tests to determine if a person’s BAC (blood alcohol concentration) is above the legal limit before making an arrest.
Drunk driving is a very serious offense, and the state will punish drivers who have a BAC over the legal limit. A person faces incarceration for up to six months and a fine of up to one thousand dollars after being arrested and convicted for a DWI for the first time. Repeat DWI offenders face even harsher punishments. For example, the first two DWI offenses are classified as misdemeanors, but the third DWI offense escalates to a felony.
If you have been charged with a DWI, you need the help of an experienced criminal defense attorney to raise any relevant defenses in your case.
Defending Against DWI Charges by Challenging the Police Stop
In your DWI case, your attorney may decide that challenging the initial police stop is the best defense strategy. There are various aspects of a police stop that can be challenged, most of which are procedural in nature. The following defenses may apply when challenging the police stop in your DWI case:
- No Probable Cause: The officer lacked sufficient probable cause to justify the stop in the first place. If you can prove that the stop was unlawful, the evidence found during the stop could be deemed inadmissible in court.
- Improper Breathalyzer Test: You can argue that the equipment was not functioning correctly, which led to inaccurate results.
- Not Being Read Miranda Rights: During every single arrest, a police officer is required by law to read the arrestee their Miranda rights to avoid self-incrimination. If the officer never read you your Miranda rights, then anything you said during the arrest will most likely not be admissible as evidence.
- Improper Field Sobriety Test: Police officers conduct field sobriety tests when they suspect a person has been driving under the influence of alcohol. Unfortunately, such tests are often subjective, and an officer may not properly judge a suspect’s sobriety due to the suspect’s underlying medical conditions.
- Rising BAC: A person’s BAC can rise after they have stopped drinking because the bloodstream continues absorbing alcohol. You may have gotten behind the wheel while your BAC was under the legal limit, but your BAC could have risen during the duration of the stop.
An experienced criminal defense attorney can determine if any of the above defenses apply to your case. Challenging the police stop in your DWI case may be the best strategy to either lessen your punishment or have your charges dropped altogether.
Contact John D. & Eric G. Johnson Law Firm to Discuss Your DWI Case Today
DWI cases should not be taken lightly. If you have been arrested and charged with a DWI, a skilled criminal defense attorney can help you identify and raise strong defenses that are relevant to your case. Our attorneys are aggressive litigators, and we will work hard to defend you against the prosecution.
John D. & Eric G. Johnson Law Firm wants to help defend you in your DWI case. Reach out to us today by filling out our contact form or by calling (318) 377-1555.