Blood Analysis & DWI: There are Defenses
In Louisiana, you are not permitted to turn down a blood alcohol test, unlike a sobriety test. If asked about it, you must do it or else the police officer may get a warrant. If you refuse, you will face more severe penalties according to Louisiana’s Implied Consent Law.
The police need to have a blood search warrant before they can request a blood alcohol test.
It won’t be a bad idea to consult your defense attorney before you agree to a breathalyzer test or a blood alcohol test. You may also be asked to submit your urine too.
Whatever is collected from you is immediately sent to the Louisiana Crime Lab. Experts are there to analyze and tell the prosecutors if there exists drugs and/or alcohol in your blood.
They do this by looking at your BAC- blood alcohol content level. They also search if you have consumed drugs. If it comes back positive, the prosecutor will try to use this as evidence of your “being under the influence.”
However, just because there exists drugs and/or alcohol in your blood does NOT mean they can prove you were actually under the influence of that drug and/or alcohol. The State must prove you were under the influence while driving.
If you are in a situation like this, you need a criminal defense attorney at the Barkemeyer Law Firm to represent you. We understand that sometimes mistakes occur when running the test or the results were not properly analyzed. We have a team of experts at our beck and call.
Your Result Come Out and It Read Positive – What Should You Do?
The prosecution team may want to get a signed consent from you. To help your case, we have a number of defenses up our sleeves.
We could state that errors were made by the person that collected the blood. How do we know that the blood was not intentionally or mistakenly tainted? What if it was switched?
We could state that there were errors in the transportation of the blood to the crime lab.
We could state that whole handling the blood sample for analysis, there were errors made.
What of when it was analyzed by the Gas Chromatograph?
Maybe the consent was not freely and knowingly made?
If You Are Arrested For DWI, Where Do You Get Help?
DWI is a serious offense in Louisiana and if you are arrested for such a crime do not take it lightly. There are different types of DUI, some are more severe than the others. It doesn’t matter if it is the least severe one or the most stringent one, you need a criminal defense attorney like Carl Barkemeyer that knows his stuff to represent you. Mr. Barkemeyer and his team have handled hundreds of similar cases all over Louisiana. You need DWI defense attorneys that know every trick in the book to represent you.
We will analyze every aspect of the case, looking for loopholes to use to our advantage. We have a set of experienced investigators that will investigate the facts looking for falsehood.
We use scientific experts to look at the results of the tests. They try to see if any mistake was made in carrying the blood analysis test or interpreting the results. The experts have had hands-on training in chemical analysis of blood or urine and can stand as expert witnesses in the DUI case.
When we analyze the case, we come up with a defense strategy for you. Do we need a plea bargain? Do we need to go to court? We look at every option on the table and decide on which one to do. You are kept in the loop throughout.
It doesn’t matter if you were the one or your loved one that was arrested, contact us today. We have put together some tips that we offer to our clients when we are handling their DUI cases in Louisiana. We have your best interest at hand.
Avoid thinking that it’s child’s play. Call an attorney. When your blood alcohol is examined, you need an experienced DWI attorney like Carl Barkemeyer to represent you. Do not think that since it is your first time, you can get away with the crime with a mere slap on the wrist. Do not think that you can always leave down after the conviction, and the penalties will be ignored. If you are convicted of driving under the influence in Louisiana, there is a great chance that it may affect you negatively. If you have a scholarship, it could be withdrawn. If you have a job, you could be suspended or sacked. What of how it could taint your record? Get the best DWI lawyer that understands the law to represent you.
The Barkemeyer Law Firm can help build a defense for you
Be knowledgeable of your rights. You have rights even when you have committed a crime or have bad blood analysis results. You have a right to keep mute. You have a right to call a lawyer. Some people feel that they have to start talking in their defense when arrested. Keep quiet and ask for a lawyer. Contact us if you were arrested for DWI or DUI in Louisiana.