LAFAYETTE DUI LAWYER

DEFENDING CLIENTS CHARGED WITH DRIVING UNDER THE INFLUENCE IN LOUISIANA 

When a person is driving with a blood-alcohol concentration (BAC) of greater than 0.08%, they can be charged with driving under the influence. What too many drivers may not realize is that the BAC level that may have been shown on the breathalyzer or in the blood test is far from infallible. In fact, the test itself may have been illegal. That’s why, before doing anything else, defendants need to get an experienced Lafayette DUI lawyer in their corner.

The Law Office of J. Bradley Cockrell has been fighting for defendants since 1993. We understand how to investigate a case and what questions to ask. That could be the difference in your DUI case. Call today at (337) 448-4777 or contact us online for a consultation. Serving the English, French and Spanish-speaking communities.

Understanding DUI Penalties in Louisiana

The penalties for driving under the influence (DUI) are serious in Louisiana. You can be subject to fines, jail time, and license suspension or revocation if convicted of a DUI offense. The consequences increase with additional offenses, including mandatory sobriety programs and installing an ignition interlock device in your car. Additionally, harsher penalties apply if your BAC is found to be 0.15% or higher, such as greater fines and longer jail sentences.

Louisiana also requires additional mandatory punishments for driving under the influence, such as attending an alcohol and substance abuse educational program, paying court costs, and having insurance companies receive notification of the conviction. A DUI offense can also lead to a permanent record that can stay on your criminal history indefinitely. Finally, a first-offense DUI will cost you approximately $2,000 in fines and fees but can range up to $5,000 with added penalties.

Strategies to Challenge DUI Evidence in Court

Everything from the accuracy of the test to its legality is subject to challenge by a good attorney. It starts with the decision the police officer made to pull up behind a driver to begin with.

Examining Reasonable Suspicion in DUI Stops

Police officers cannot randomly pull up behind drivers and hope to “get lucky”, so to speak. Unless the stop is taking place at a designated sobriety checkpoint, an officer must have at least a reasonable basis for thinking the driver is intoxicated or that something is wrong.

Examples might be leaving a drinking establishment extremely late or irregularities in driving. It’s not a high bar of proof for the police officer, but they do have a responsibility to explain it. Your Lafayette DUI attorney has a responsibility to make the inquiry.

Probable Cause: A Key Factor in DUI Arrests

People may not realize it, but they are not obligated to cooperate with the request to participate in a field sobriety test. Police officers need probable cause to insist on it–such as alcohol on the person’s breath or an admission by the driver they’ve been drinking.

Without probable cause or without the willing cooperation of the driver, a BAC test cannot be administered. An illegal test is not admissible in court. And in a case like a DUI, that means the prosecution’s evidence has been thrown out.

Even if the test was legally administered doesn’t mean it gave an accurate reading. The Law Office of J. Bradley Cockrell will keep digging and make sure the authorities did their work correctly. Call today at (337) 448-4777 or contact us online to set up a consultation.
 

Questioning the Accuracy of Breathalyzer Tests

Breathalyzer instruments have maintenance requirements to ensure they deliver accurate readings. Our Lafayette DUI defense lawyer can work to ensure those maintenance steps were followed. Otherwise, the accuracy of the reading can at least be cast into question. Certain types of foods- can trigger a higher reading than is really accurate. So can certain medications and conditions, such as acid reflux. We’ll explore every possibility and make sure the breath test was accurate.
 

Ensuring the Integrity of Blood Test Results

A blood sample has strict chain of custody requirements. Every person who handles the sample must document doing so. If this isn’t maintained, the validity of the blood test is in doubt. There are also storage requirements–samples not maintained in the right environment can ferment and give inaccurate readings. Our attorney can insist that records documenting chain of custody be produced.

Will a DUI Conviction Affect Your Insurance Rates?

A DUI conviction can have significant consequences on various aspects of your life, including your insurance rates. If convicted of DUI in Louisiana, your insurance premiums will likely increase substantially. Insurance companies view drivers with a DUI on their record as high-risk, which means they are more likely to raise rates to account for the increased likelihood of future claims.

The exact amount your rates will increase depends on several factors, such as your prior driving record, the severity of the offense, and the policies of your specific insurer. In some cases, an insurance company may choose to cancel your policy altogether following a DUI conviction. If this happens, finding a new provider could be more difficult, and you may end up paying higher rates through specialized high-risk insurance plans.

It is important to understand the long-term implications of a DUI conviction and explore your legal options to mitigate these effects. Seeking legal guidance early may help reduce the severity of the penalties, including the impact on your insurance.
 

Choose a Proven Lafayette DWI Defense Team

We know that it can be a scary time when facing DUI charges. The possibility of jail time, even if just for 10 days on a first offense can be everything from humiliating to damaging to one’s work and family life. If this isn’t a first offense, the penalty can be even more severe.

Don’t give in. Give us a chance to fight for you. Call the Law Office of J. Bradley Cockrell at (337) 448-4777  or contact us online to set up a consultation.