Baton Rouge DUI Lawyers 

A conviction for driving under the influence of alcohol can result in the loss of one’s driver’s license, as much as six months in jail and steep fines. If you or someone you love has been arrested and charged with having a blood-alcohol content (BAC) level of 0.08 or higher, the first thing to do is to get an experienced Baton Rouge DUI lawyer on your side before going any further. 

At Beall & Thies, we have over 100 years of combined experience among our partners in fighting for defendants. We know how to challenge evidence and we know where law enforcement can make mistakes. Call today at (225) 577-6223 or contact us online to set up a consultation.

What to Expect After Being Charged with DWI

DWI charges follow a different path than other criminal cases in Louisiana. Before the trial, there will be an Administrative Hearing, determining if the driver can keep their license while the case is ongoing. The criminal trial to decide guilt or acquittal on the charges themselves will follow. 

It’s important to get an experienced lawyer into the process as quickly as possible. Prosecutors may seek to maneuver people into guilty pleas when there is in fact a viable path to legal acquittal. Prosecutors may offer plea deals that are less than favorable. There are often more options than a defendant realizes at the point of their arrest, and a good attorney can walk them through the process and determine the best path forward. 

Possible DWI Penalties

• First Time DWI: A first-time DWI conviction is still considered a misdemeanor offense under Louisiana law. Fines can range anywhere from $300 to $1,000. Jail time will be between 10 days to 6 months behind bars. 
• Second DWI: A second DUI conviction is still a misdemeanor, but the minimum sentences become more severe, with a fine of at least $750 and 30 days of jail time. The possibility of a $1,000 fine and a 6-month jail term is still possible. 
• Subsequent Convictions: Future convictions move a defendant into the felony category, meaning prison sentences can be significantly longer, from a 5-year maximum for a third conviction to a 30-year max for a fourth. The court will also have the option of seizing the defendant’s car. 

The lawyers at Beall & Thies know how much is at stake in your DUI case and we fight hard to protect your record, your reputation, and your freedom. 

How to Challenge the Results of a Breathalyzer Test in Louisiana

If a driver’s BAC level has clocked in over the legal limit, it might be easy to assume that they’ve been caught and the best thing to do is accept any plea agreement that the District Attorney’s office might offer. That’s not always the case. Breathalyzer tests are far from perfect, and a good Baton Rouge DUI attorney will do appropriate due diligence in making sure there was probable cause to request the test to begin with, and that its results are accurate. 

Any number of factors can skew a breathalyzer into an inaccurate reading. Mouthwash and breath spray are common substances to use before going out for an evening on the town or to a party. Both of those substances can make BAC levels look higher than they actually are. The same goes for cough syrup and gum. 

Bread and other sugary foods are often served at events where this is alcohol. Both of these can have the impact of exaggerating one’s BAC level. 

Common health conditions can also increase the BAC reading on the breathalyzer machine. The person with acid reflux might blow a higher number than they otherwise would. The same goes for those with diabetes. 

Furthermore, all of these issues presume that the breathalyzer equipment itself is in working order and that the officer understands how to properly use it. Breathalyzers have requirements for how often they need to be recalibrated. Officers have to go through the formal training to make sure they understand its proper use. It’s the responsibility of law enforcement to demonstrate to the court that their equipment works as it should and police officers understand how to use it. 

Police officers do need probable cause to even perform a breathalyzer test to begin with. It should be noted, however, that probable cause is a low bar. The officer who saw someone driving away from a drinking establishment likely has probable cause simply based on that. The same goes for seeing a driver modestly cross over the center line or run afoul of other traffic laws. Probable cause can be established if there is any alcohol at all on the driver’s breath. 

That’s why it’s strongly advised that a driver comply when asked to perform a breathalyzer test. If no probable cause exists, that’s something a Baton Rouge DUI lawyer can look into. If it turns out the officer overstepped their bounds, the results of the test can be thrown out. And in a DUI case, dismissal of this evidence can often add up to outright dismissal of the entire case. 

Blood tests are more reliable than breathalyzers, although an attorney can still look into whether proper chain of custody was maintained for the sample. But drivers should know that the only way police have the authority to conduct a blood test is with a search warrant or with the consent of the driver. That’s why it’s strongly advised to have a lawyer present before giving any consent. 

DUI charges can change a person’s life in the blink of an eye. The sinking feeling in the pit of one’s stomach when the flashing lights of the police car can be truly awful, and the results of a breathalyzer test might induce a sense of hopelessness. Beall & Thies is here to tell you that still can be hope.

Not everyone charged with DUI is guilty. Everyone charged with DUI deserves fair treatment, a thorough investigation of their case and—regardless of the circumstances—their best chance at moving forward in life when it’s over. We’re here to fight for all of that.

Don’t give up hope. Call an attorney at Beall & Thies at (225) 577-6223 or fill out our online contact form to set up a consultation.