What to do if are stopped and suspected of Driving While Intoxicated? If you are stopped in Louisiana, and suspected of DWI (Driving While Intoxicated) you must cooperate, to some extent, with the law enforcement officer.
Despite the right against self-incrimination, guaranteed under both the U.S. Constitution and Louisiana Constitution, it is likely the first questions the stopping officer will ask are, where are you coming from and have you been drinking. It is best to decline answering all questions, UNLESS you have had nothing alcoholic to drink. Remember that any admission that you have had a drink or just came from a bar will very likely get you arrested.
The stopping officer will then most likely ask you to step out of your car and instruct you to conduct a Field Sobriety Test. The laws in Louisiana make it mandatory to take this test. Refusal to do so will result in the same fines and possible imprisonment as a first offense DWI conviction. Considering the test is purely subjective, that means it is left to the opinion of the law enforcement officer. Invariably, the stopping officer will state he smelled alcohol on your breath, you staggered when you walked, slurred your words when you talked and you had bloodshot eyes. These conclusions alone are enough for you to be convicted of DWI. Pursuant to Louisiana Revised Statute 14:98, to be found guilty of DWI/DUI, the accused must have a blood alcohol concentration level of .08 or higher OR determined to be too impaired to operate a moving vehicle safely. This means that even if your blood alcohol levels are below .08, you still can be charged and found guilty. If you are arrested and charged with a DWI/DUI, contact a DWI lawyer as soon as possible.
Ask for a free consultation where you can discuss your case, possible defenses, and fees. Be sure you talk with a lawyer who has handled DWI cases before. There are defenses available. You do not want a lawyer who will simply appear and plead you guilty without putting up a fight. A DWI conviction is a serious matter as it not only involves possible jail time but it always includes a fine, community service time possible loss of your driver’s license and negative effects on your insurance and job, among other matters. If found guilty, the total cost could be $10,000 or more by the time you are done. If you have been charged with Driving While Intoxicated, contact the Law Office of Vincent Miceli. Call TODAY (985) 415-7609.