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How to Fight a DUI in Louisiana

Common DWI Defenses

If you are pulled over and arrested for DWI, there are numerous defenses we can use to fight your DWI charge.  These defenses can relate to challenging the reason why you were pulled over, challenging your arrest, challenging evidence presented by law enforcement, challenging chemical blood-alcohol content (BAC) tests, challenging field sobriety (FST) tests, and challenging the felony aggravated DUI charges.

If you feel that you have no defenses, we still may be able to find defenses that we can use to help with negotiating with the prosecutor. If there are no good defenses, we can still advise you to do certain things that may help mitigate the case and get a better deal. Prosecutors and judges consider all the circumstances surrounding a defendant’s case, rather than just the facts. At least, that is what we make them see. We make them understand that you are a person that made a mistake. We show them all the good things about you which can help get a better result.

How to Fight a DUI in Louisiana

You Were Not The One Driving

We may try to poke holes in the story of the officer that states that you were driving. The officer must be able to prove that you were operating a vehicle. How can he prove that it was not your friend that was behind the wheel?  The prosecutor may try to use circumstantial evidence to prove this.

Maybe you were planning on resting or sleeping there while you wait for your friend to drive you home. It may also be proven that you we were not operating the vehicle while you waited for your friend to come and drive you home.

Fighting the DWI Stop

A police officer must have reasonable grounds to pull you over.  If the police officer did not have a valid reason to pull you over, or did not actually see you driving, we can challenge the entire stop, and fight to have all the evidence excluded.

Fighting Probable Cause for Arrest

Before a police officer can arrest you, he must have a sufficient basis for concluding that you were driving or operating a motor vehicle under the influence of alcohol or drugs.  There are a variety of factors a police officer can assess, but the police officer must be able to identify the specific basis on which probable cause was established.

We could prove that there was no probable cause present for the officer to administer a sobriety test on you. We may try to prove that what happened is considered a violation of your Constitutional rights.

Fighting the Chemical and Field Sobriety Tests

There are numerous defenses to challenging a breathalyzer including that the machine was not working properly, the test was not properly given, the operator was not knowledgeable or certified in the operation of the machine, the observation periods were not maintained, and the certifications were invalid.

Blood tests can be challenged on the basis of chain of custody, contaminated samples, improper blood draw procedures, and improper training of the phlebotomist. The blood sample is not the defendants.

Field sobriety tests can be fought on the grounds that there is not sufficient experience or training on the part of the police officer giving the tests, the tests are empirically subjective, that the defendant is uncoordinated, or simply physically unable to do the tests.

Issues with the Breathalyzer Test

We can try to prove that the breathalyzer was not working well at the time of the test. It could be an error in the test. What if the medications that you had taken had made the results wrong?  These and more could be argued. With the results of the breathalyzer, we can create a dense strategy for you.

Not Carrying Out The Standardized Field Sobriety Tests Properly

When you were stopped, you may have submitted to the sobriety tests. From the results of this test, which is mostly the observations of the authorities, we may be able to create a defense for you.  We may be able to argue that the test was not done properly.

No one is above mistakes. There is a great chance that the officer might have made a mistake when he carried out the field sobriety tests. He may have observed signs of driving under the influence that was not there. He may have been tired from working all day that he made those mistakes.

Fighting the Felony DWI – Third and Subsequent Offense

Because of the extremely serious penalties for convictions of felony DWI, it is extremely important to fight those charges at each step along the process.  The prosecutor must establish beyond a reasonable doubt the prior convictions exist.  We may be able to fight the introduction of the prior DWI convictions.

Winning DWI Defenses in Louisiana

When you have been arrested, the first thing that you should do is contact an attorney. You do not want to take it lightly or try and represent you. The prosecutor will eat you raw and add your conviction as a win on his or her belt. Do not allow the prosecution team to use your case as one of the numerous cases he or she has prosecuted and won to climb up the ladder of success.

It is important to note that Louisiana takes Driving under influence seriously and is ready to punish those found guilty. Contact Carl Barkemeyer immediately.

Not every DUI case ends in the person being convicted. It could be dropped before it even gets to court because there was no evidence. The defense lawyer could toss out the evidence before it gets to court, leading to the court being dropped. It could end in a plea deal. It is important to note that only a few cases end up in the law court. Many of these cases are settled out of court in a plea deal arrangement.

It could be taken to court and the DWI defense attorney could win. The case could be taken to court and the prosecution could win. There are different outcomes that could occur.

It is important to have an attorney that knows this. Do not think that because you are a first-time offender, you must be given a slap on the wrist, all you need to do is represent yourself and feel remorse. We have seen judges slap first-time offenders with stringent penalties. You need a criminal defense attorney like Carl Barkemeyer that can defend you.

Usually, the penalty meted out on someone convicted of DWI is dependent on how intoxicated he or she was if a minor was in the car and so on.

Before someone can be convicted of DUI in Louisiana, it must be proven beyond a reasonable doubt that every element of the crime was present.

It should be proven that you were intoxicated at the time of the arrest. It should be proven that you were the one driving the car at the time of the arrest. An attorney can decide to poke holes into the evidence or the elements that showed that the person was driving under the influence.

What Does a DWI Lawyer Do While Defending You?

When you hire our DWI attorney, he some goals. Mr. Barkemeyer will analyze the case to see if there is a way to get you a not guilty verdict.

We will try to see that even if you are found guilty by every element that you don’t have to spend a day in jail. Sometimes, you may be arrested for DWI, and every element of DWI is solidly true in the case, the defense attorney might try to negotiate you not spending a day in jail.

The attorney may want to avoid you having a felony conviction. Being a felon comes with a lot of disadvantages.

The DWI attorney might want to reduce the other punishments that you may get, aside jail. He or she may want to reduce the fine that you pay.

We will want to avoid you from having your DWI record being made public. This could affect you when a background check is run on you or could affect your insurance package.

To do the above, there are some defenses that can be used by Carl Barkemeyer, your DWI defense attorney in Louisiana.

Contact the Louisiana DWI attorneys at the Barkemeyer Law Firm to discuss DWI defense representation.

Carl Barkemeyer wrote the published book on DWI: Practical Information for the Accused and Attorneys in Louisiana. He regularly gives lectures and advice to other attorneys regarding how to successfully defend clients for DWI.

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, Monroe, Lake Charles 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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