It is estimated that about 30 people die daily in the US as a result of drunk driving accidents. Because of this, driving while intoxicated or DWI cases are taken seriously. It is an offense to drive when your BAC or blood alcohol concentration is 0.08{7f7b0206ef579875bd35610f3ae29ce6e3e0c5c3578c4c9f1600fbd97b665c0b} 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. That would be the case if the screening test shows low levels of alcohol. If the blood test indicates the presence of alcohol or a controlled substance, you would be charged with driving under influence or DUI.
In the case of Baton Rouge DWI arrest, you need to understand the case properly. You need to understand several things following a DWI arrest. Some of the things you need to know includes the following.
1. The prosecutor must prove the 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{7f7b0206ef579875bd35610f3ae29ce6e3e0c5c3578c4c9f1600fbd97b665c0b} 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. The accused should, however, provide blood or breath tests. When police stops you, you should have the BAC test performed immediately. 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{7f7b0206ef579875bd35610f3ae29ce6e3e0c5c3578c4c9f1600fbd97b665c0b}. 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.
When you refuse to take the BAC test, you will simply be admitting you are guilty.
2. Suspension of driving privileges.
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{7f7b0206ef579875bd35610f3ae29ce6e3e0c5c3578c4c9f1600fbd97b665c0b} while that for minors is 0.02 {7f7b0206ef579875bd35610f3ae29ce6e3e0c5c3578c4c9f1600fbd97b665c0b}. Once arrested, your driver’s license will be retained by the state for 30 days. You will also have 10 days where you can dispute the license suspension. At that point, you can challenge the BAC results and your arrest.
In case of Baton Rouge DUI charges, you should consider hiring an experienced DUI lawyer.