In Louisiana, drivers who have a blood-alcohol content reading of 0.08 percent are guilty of a DWI. Driving while intoxicated is a serious crime and punishable by license suspensions, jail time, and hefty fines. If the driver causes an accident, the penalties increase and are more profound, especially if the victim dies. Reviewing the law with a DWI defense attorney in Gonzales, LA defines whether or not the defendant has a credible defense against their charge.
The Vehicle Was Parked
A DWI charge indicates that the driver was actually driving the vehicle when they were stopped. Officers cannot arrest a driver who is in a parked car. The vehicle must be operated when the officers stop the driver. Even if the engine is running, the driver isn’t driving unless the vehicle is moving.
Mistake of Fact
Some medical conditions mimic the signs of intoxication. Diabetic drivers who are experiencing a sudden drop or increase in their glucose levels exhibit signs of intoxication. The driver must have alcohol in their bloodstream. The officers are within their rights to arrest a driver suspected of DWI. However, medical evidence of diabetes without alcohol in the bloodstream gets the case throughout.
A Case of Mistaken Identity
The booking process requires personal information from the defendant’s driver’s license and their fingerprints. Unfortunately, a defendant who looks like another driver could use another party’s ID to avoid further criminal penalties. In these cases, the fingerprints of the defendant and the lawful owner of the license are compared.
Escaping an Assault
Chemical testing requires officers to identify alcohol and any controlled substance in the bloodstream. A defendant who claims to have escaped an attacker has a credible defense if Rohypnol or similar medications are found in their bloodstream.
In Louisiana, drivers accused of drunk driving aren’t guilty of the crime always. Some circumstances provide a valid legal reason for driving. The situation also identifies other probabilities that are justifiable. A criminal attorney reviews all angles of the arrest and the chemical testing results. Drivers facing drunk driving charges contact a DWI defense attorney in Gonzales, LA or browse our website for more details now.
