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17Jan

Can I Get A DWI in Louisiana For Driving High?

Are you wondering: can I get a DWI in Louisiana for driving high? Well this post will answer your questions.

When people think of receiving a DWI, what usually crosses their mind involves drinking too many alcoholic beverages and getting behind the wheel. But many of the DWI cases in Louisiana and elsewhere in the country don’t involve drinking at all. In fact, each year, DWI cases are found in the state where people are driving while high.

The state does not have a law against drinking an alcoholic beverage and then driving. The actual law prohibits driving while impaired from any form of drug, including alcohol, prescription, or illegal drugs. Follow along as we dig deeper into the understanding of what constitutes a DWI while high.

Read more about Louisiana DWI laws here before you continue on!

DUI for Driving High
DUI for Driving High

The Definition of Being High

To know why people are arrested for DWI while being high, we must first understand its meaning. Any substance, be it ingested through drinking a liquid, smoked, injected, or swallowed and that causes physical or cognitive impairment is considered causing a high. 

This is why there have been events of people who have no intent on committing a DWI getting arrested simply from taking a prescribed medicine from their doctor and ignoring instructions not to operate a motor vehicle. The issue is that the law does not allow for excuses no matter where your high came from, you’ll still end up with a DWI and possibly some serious drug charges as well.

DWIs and Testing

We’ve all heard of the intoxilyzers used for testing blood alcohol levels when charged with a DWI. For non-alcohol-related DWI arrests, you’ll be asked to submit to a blood test if the officer on the scene has probable cause that you are impaired from drugs. 

As someone under the suspicion of a DWI, you, of course, do not have to submit to a blood test unless a search warrant is issued to provide a sample. Unless you are certain, you have nothing in your system, volunteering for a blood test only helps the prosecution’s case. 

Challenging a Blood Test

If arrested for suspicion of DWI and had a positive blood test, this does not mean it is an open and shut case for the prosecution. Know that simply failing a drug test doesn’t mean you were impaired while driving. 

The prosecution will have to prove that the drugs that you tested positive for caused you to be impaired. One way to do this is if the test shows the percentage amount of the drug in your blood test and they can correlate that back to your body weight. 

This is why it is vital to have a lawyer who is willing to challenge each and every point the prosecution makes while prosecuting your case. If your attorney throws doubt on the testing process or any other evidence the state is using against you, they can successfully defend you against the DWI case. 

Choosing the Right Attorney for Your Case

If you’ve been charged with a DWI, you’ll want to hire an attorney as soon as possible after an arrest. So, what type of attorney do you need? Let’s discuss the best aspects of the attorney that you need to defend your DWI case. 

Hire a Local Lawyer

Local DWI attorneys are your best choice for hire after your DWI arrest. Criminal defense lawyers who work within the same court system day after day build a rapport with those who work in the system and understand the court’s nuances. This can be an advantage to you, as your attorney will be on a first-name basis with many prosecutors in the court system and get a feel for how serious the state is in prosecuting. 

Make Sure Your Lawyer Understands DWI Cases

Not all lawyers are experts in each type of law or crime they defend. Of course, most people know they should hire a criminal defense attorney for their DWI, but you should also ask how many DWI cases they have successfully defended. In fact, if you are charged with DWI for a drug-related impairment, ask how many cases of your nature they have defended. 

Do They Have a Record for Defending Clients or for Making Pleas?

There are attorneys out there who call themselves defense attorneys but are no more than a cog in the court system. Pleading out on a case is sometimes the best way to go, but if you find that the attorney you are interviewing for hire has a tendency always to accept the state’s offer, you may be in the wrong office. 

Find an attorney who is willing to fight for you in court until the very end and until they can advise you on the best course of action. If their first instinct is to plead, talk to someone else. 

Summing Up

Mistakes happen in life, and alcohol is not always a part of it. Being high from drugs can lead to a DWI arrest just as alcohol can. If you find yourself under arrest for DWI because you’re suspected of driving high, contact the right attorney to represent you in court. 

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Louisiana DWI & Criminal Lawyers

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Louisiana criminal lawyers and DWI attorneys at the Barkemeyer Law Firm providing legal defense services for clients in Baton Rouge, Ascension, Livingston, Tangipahoa, Port Allen, Alexandria, New Orleans, Lafayette, Metairie, Kenner, Gretna, Hahnville, Chalmette, Slidell, St. Tammany, St. Charles, St. John, St. Bernard, Mandeville, Covington, Shreveport, Bossier, Jefferson, and all of Louisiana.

DISCLAIMER: The information on this website is not formal legal advice nor does it create an attorney-client relationship.

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