How to Fight a DUI in Louisiana

Defenses to a Louisiana DWI Charge

Even if you are pulled over and arrested for DUI/DWI, there are numerous Louisiana DWI defenses Mr. Barkemeyer can use to fight your DUI 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.

Fighting the DUI 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, your DWI attorney 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, you 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.

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 giving, the operator was not knowledgeable or certified in the operation of the machine, the observation periods were not maintained, and that body temperatures were higher than assumed giving a false positive results. 

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.

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.  Mr. Barkemeyer may be able to fight the introduction of the prior DWI convictions.

Contact Baton Rouge DWI attorney, Carl Barkemeyer, to discuss DWI defense representation.

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