In Louisiana, operating any motorized vehicle or boat while intoxicated is a state crime. The individual who is convicted of the infraction faces a jail sentence, fines, and driver’s license suspensions. The blood-alcohol content reading defines the exact charges and penalties applied after a conviction. A local attorney can assist defendants by building an Operating Under Influence Defense.
Inaccurate Testing Results
To acquire proof of inaccurate testing results, the defendant must request an additional blood sample. The additional blood sample is submitted to the defendant’s attorney for testing. The results from both tests are reviewed. If an inaccuracy is presented, the court will have no choice but to dismiss the case.
Faulty Breathalyzer Equipment
A breathalyzer device must be tested at least once each year to determine that it is functioning properly. To prove that the device is faulty, the attorney can request copies of the log book for the devices. If the device used for the test wasn’t repaired or testing, the case could be dismissed due to faulty testing equipment. The device must function properly to provide an accurate blood-alcohol content reading for the defendant.
A Failure to Secure Proof
A failure to secure proof indicates that the officers didn’t test the defendant or couldn’t provide clear evidence of intoxication. The situation emerges if the officer fails to complete the paperwork correctly or the chain of possession of the testing results were not followed correctly. If any officer who didn’t have authorization tampers with the results, they cannot be used in the case.
Involuntary Intoxication Defense
Involuntary intoxication occurs when there is evidence of the date-rape drug in the defendant’s system. The chemical tests will identify the drug and prove involuntary intoxication. The defendant must explain to the officers or their attorney that someone drugged them or coerced them into becoming intoxicated.
In Louisiana, DUI or operating under the influence are offenses that lead to serious penalties. The sentence for the crime depends on the blood-alcohol content reading and whether or not the defendant caused an accident. After an auto or boating accident, the defendant could face further charges. Defendants who need an Operating Under Influence Defense can visit chrisrichardattorney.com right now. You can also watch video on their YouTube channel.
