So You’ve Gotten a DUI/DWI. Now What?
Getting a DWI can feel like the end of the world, but it is important to keep considering your options and looking for a path forward. A skilled DWI defense lawyer in Louisiana can help you prove your innocence, or at least minimize the negative consequences as much as possible.
Strategic defense attorneys can help you avoid overly harsh punishments, and sometimes you can even have your case dismissed. There are several defense options that other cases effectively proved in real DWI trials.
Lack of Probable Cause
Police should not be stopping citizens without probable cause. More importantly, an officer must have a valid reason to believe you have broken the law before pulling you over. Unfortunately, DWI checkpoints have a free pass on this. The police can detain citizens without any probable cause whatsoever. Consequently, politeness at these checkpoints goes a lot further for your case.
If the police cannot give a valid reason for why they pulled you over, anything they discovered after the stop may be thrown out of court. Often, a determination of probable cause will come down to a police officer’s alleged observations. This can make it difficult to challenge probable cause if the judge believes the officers.
To challenge a police officer’s alleged observations, a skilled defense attorney may try to trap the officer in a lie. If the police fabricated probable cause, it can come out during a complicated line of questioning.
No Miranda Warnings
A police officer must read the Miranda rights to a suspect before conducting questioning. Say your arresting officer failed to Mirandize you before questioning; as a result, the interview may be invalid. A court must disregard any admission of guilt from an improper interview. Your DWI defense lawyer in Louisiana will have ideas about how to determine the validity of any police questioning you endured.
Failure to Follow DWI Field Sobriety Test Protocol
Field sobriety tests must be performed within the confines of specific rules. If the officer tries anything too unorthodox while performing the field sobriety test, the test results may be invalid. You can expect officers to follow a code of conduct. Hence, officers can’t act too intimidating, inappropriate, or otherwise disrespectful during the traffic stop.
Talk to a DWI defense lawyer in Louisiana and provide as much detail as possible about the incident. All kinds of small details can make a huge difference. For example, failure to walk a straight line for the field sobriety test if you did it in high heels or over extremely uneven ground might prove unlawful.
To take blood for testing, the law defines the protocol. If a trained professional does not draw the blood, the testing results may be invalid. For proper validity, the law requires proper labeling and storage.
If you go to trial, you will need to have an experienced DWI defense lawyer in Louisiana. Quick thinking and courtroom experience equip a lawyer to notice improper court proceedings. If the prosecution does not interview witnesses and introduce evidence correctly, your attorney may be able to get the testimony or evidence thrown out.
Best DWI Defense Lawyer in Louisiana
The best way to select your plan for defense is to consult with a skilled attorney. Mike Brandner Injury Attorneys offers free consultations, so we can get a head start on your defense strategy before you commit to paying.
Get in touch with us by phone to begin the process toward recovery after a DWI. Our office hours are 8:00 AM – 5:00 PM, but we are available 24/7 to take your call. You can also contact us easily by using the LiveChat feature on our website. Reach your DWI defense lawyer in Louisiana at (504) 345-1111.
The information on this blog is for general information purposes only. Nothing herein should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.