When you are arrested for DWI in Louisiana is your license automatically suspended?
Louisiana just like most states has a system of regulating things especially DWI laws which also means driving while intoxicated has declared that if you are operating a motor vehicle with your blood alcohol concentration or BAC of .08 percent or more than which can be shown through either a breathalyzer test, a urine test or blood sample test then you are regarded to be legally damaged and viewed as incompetent to operate a motor vehicle safely. The blood alcohol concentration percentage of .08 has been reduced to .02 percent if you are under 21 which is the legal drinking age. You are also seen to be under the influence or intoxicated if at any point in time you refuse to give in to testing your blood alcohol concentration level. This refusal to collaborate in the blood alcohol concentration test is hence an automatic admission of your DWI offense. If you are arrested for a DWI offense your license will not be automatically suspended you will have at most 30 days to from the date upon conviction to request a hearing for the proposed suspension of your driving privileges. During this time frame, you can drive with a temporary license that will be given to you during your DWI conviction.
What are restrictive or temporary driver’s license?
A temporary driver’s license is a driving privilege issued by the united states to certain persons whose presence has been sanctioned by the federal government for a particular purpose and a specific amount of time. A DWI offender whose driver’s license has been revoked or suspended may get a restricted or hardship license from driving him to some certain places. When someone commits a serious crime such as DWI the court may be likely to suspend or revoke your driver’s license but not automatically though.
A driver might be pulled over in Louisiana if a police officer observes that the driver may be under the influence or intoxicated. A police officer can make an arrest for the following reasons
1. If the driver is driving while intoxicated with alcohol or under the influence of some misused drug substances or uncontrolled substance.
2. If the driver is driving with a blood alcohol concentration of .08 percent or greater.
3. If a minor under the age of 21 is driving with a blood alcohol concentration or BAC of .02 percent or greater.
The DWI offense does not just apply to a person driving a vehicle, but according to the DWI, law driving is a definitive term for operating or controlling an aircraft, motor vehicle, vessel or boat or any other mode of transportation.
Differences for DWI laws in Louisiana
Louisiana has different allowances for people who are driving and test under .08 percent. If the blood alcohol concentration is between .05 and .08 percent, then your judgment has not been impaired, but there is a percentage of alcohol in your system. But in other states, this is not the case though you could be arrested with any indication of blood level in your system. It is also known that drivers under twenty-one .02 percent blood alcohol concentration can be eligible to receive a DWI charge in Louisiana stands.
Charges associated with a DWI offense
Getting a DWI in Louisiana generally refers to a misdemeanor and can lead to one’s license being revoked though not automatically, it could also involve the possibility of jail term as well as fines and community service. Although third degree DWI offense and fourth-degree DWI offense can be characterized as a felony especially since the offense is carried out within ten years of series of various offenses. This change was introduced to help offenders from repeating mistakes, getting arrested continuously for a DWI charge and helping to save the lives of the offender who is risking not just the safety of himself but also risking the safety of others so this helps curb the offenders.
Defenses against implied consent violations
The role of a police officer is to warn a driver of the consequences of refusing to submit to a DWI test. If the driver refuses to submit to the test, it is required for the police officer to warn him that his driver’s license may be suspended. This message is known as the implied consent warning though the police officer does not really divulge that if the driver’s blood alcoholic percent is .08 or higher the license of the driver would still be suspended anyway. A trained DWI attorney Baton Rouge like Carl Barkemeyer can come in handy especially when the police authority fails to present the implied DWI consent warning. Carl Barkemeyer, an attorney at law, is skilled and experienced in handling DWI cases he can be able to help in persuading the judge not to give a penalty on your refusal. One important thing to note is that even if you refuse to partake in a field sobriety test, it does not have any punishment compared to a BAC or blood alcohol concentration test.
The second key that would prove as a defense strategy in combating against the charges is by proving that you were not drunk driving and there was no cause to pull you over in the first place. Thereby putting the officer in the spot to show that there was enough evidence to require a blood alcohol concentration test for a start as described by Louisiana implied consent law.
When the cause of the DWI arrest is questionable, or the blood alcohol test was not administered properly, a DWI lawyer like Carl Barkemeyer can help you fight for your right and give you the justice you deserve. With a DWI attorney, it is difficult pretty much an uphill fight when you are trying to save your license much less when you are handling without one it can be out rightly difficult. But luckily with a DWI attorney who has an extensive amount of experience with DWI cases can help avoid a suspension. Contact us if you need help with a DWI.