About 30 people lose their lives every day in the US due to drunk driving accidents. This is why the government takes DWI cases seriously. It will be an offense to drive if your blood alcohol concentration or BAC is 0.08% or higher. If you fail to take a BAC test and you conduct yourself like someone under alcohol influence, you will still be charged with DWI.
Again, a blood test or urine test would be needed if the officer is suspicious that other drugs are responsible for the impairment to confirm the suspicion. Blood or urine test will be necessary when screen test shows that the levels of alcohol are low. If the blood test indicates the presence of alcohol or a controlled substance, you would be charged with driving under influence or DUI.
Following Baton Rouge DWI arrest, you need to understand the DWI case. There are certain things you need to clearly understand when involved in a DWI case. Among such things are as follows.
1. The prosecutor must prove the DWI charges.
When arrested and charged with DWI, the prosecutor needs to prove some element for you to be convicted. There must be proof of BAC of 0.08% or even higher, driving while under the influence of some drugs or alcohol, and proof you were operating a vehicle.
People charged with DUI and DUID charges will get different penalties. As the defendant you need to submit breath or blood test. When stopped by police, therefore, the BAC test should be taken immediately. If further testing will be needed, the blood sample needs to be obtained within 3 hours of your arrest.
Even if you refuse to undergo the BAC test or the alcohol levels are below 0.08%, you can still be charged with DUI. However, a videotape evidence will be required showing that your conduct is the same as for someone under the influence of alcohol. Some of the things that will indicate impairment are such as alcohol odor, unsteady gait, slurred speech, confusion, inability to follow instructions, flushed appearance, and asleep while driving.
You will be simply accepting you are guilty if you refuse the BAC test to be performed.
2. Suspension of your driver’s license.
If the BAC test shows the alcohol level is beyond the set limit, you will have your driving privileges suspended automatically. For minors, alcohol level limit is 0.02% while that of commercial drivers is 0.04%. Once arrested, your driver’s license will be retained by the state for 30 days. You will be given 10 days to dispute your license suspension. To dispute license suspension, you will have 10 days. That is when you could also challenge BAC test results and the arrest.
In case of Baton Rouge DUI charges, you should consider hiring an experienced DUI lawyer.