It is estimated that about 30 people die daily in the US as a result of 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. But even when you refuse to undergo a BAC test and your demeanor is similar to that of a person under influence of alcohol, you would still face DWI charges.
If it is suspected other drugs could be causing the impairment, a blood or urine test for confirmation would be required. That is the case when a screening test indicate low alcohol levels. When the blood test reveals there are controlled substances or alcohol, you would be charged with DUI.
In the case of Baton Rouge DWI arrest, you need to understand the case properly. There are certain things you need to clearly understand when involved in a DWI case. The following are some of the things you need to understand.
1. There must be proof of DWI charges.
After being arrested and you are charged with DWI, it required that the prosecutor proves certain elements 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.
The penalty will, however, be different for DUID and DUI charges. As the defendant you need to submit breath or blood test. The BAC test needs to be taken immediately after being stopped by the police. In case further testing is needed, a blood sample should be collected within 3 hours after being arrested.
However, you can still get DUI charges if you refuse the BAC test to be performed or the BAC test shows alcohol levels below 0.08%. To be convicted in such a case, videotape evidence showing demeanor similar to a person impaired by alcohol. Such things that could indicate impairment will include slurred speech, confusion, alcohol odor, flushed appearance, unsteady gait, not able to follow instructions, and asleep while driving.
By refusing to undergo a BAC test, it is a way of admitting being guilt.
2. Suspension of your driver’s license.
You will automatically have your driver’s license suspended when the BAC is beyond the limit. For minors, the alcohol level limit is 0.04% while that for minors is 0.02 %. Your driver’s license will be retained for 30 days by the state after being arrested. You will also have 10 days where you can dispute the license suspension. That is when you could also challenge BAC test results and the arrest.
When involved in Baton Rouge DUI case, however, you need to get an experienced DUI attorney.