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Defenses to Driving Under the Influence

3/6/2023

 
Driving under the influence (DUI) is a serious offense in Louisiana that carries heavy penalties, including hefty fines, license suspension, and even imprisonment. The Louisiana DUI law prohibits individuals from operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. However, it is not only alcohol that can cause impairment while driving. Various other substances, including drugs and prescription medication, can also affect a person's ability to drive safely.

If you were arrested for driving under the influence in Louisiana, you need effective legal representation. Call the Louisiana DUI defense attorney at the Law Offices of Philip B. Adams.

Substances that Can Lead to DUI 

In Louisiana, it is not only alcohol that can lead to a DUI charge. Under the Louisiana DUI law, a person can be charged with DUI if he or she is driving while under the influence of, and impaired by, any substance that undermines his or her ability to drive safely. These substances can include illegal drugs, prescription medication, and even over-the-counter medication.

Police Officer's Determination of DUI

Police officers in Louisiana have various methods for determining whether a driver is under the influence. The most common method is the administration of a breathalyzer test to determine the driver's BAC level. However, if the officer suspects that the driver is under the influence of drugs or other substances, the officer may ask the driver to submit to a blood or urine test.

Issues with Test Accuracy

While these tests are meant to be accurate, their reliability has several issues. Breathalyzer tests, for example, can be affected by various factors, such as mouthwash, certain medications, or even the temperature of the breathalyzer. Blood and urine tests, on the other hand, can be affected by the length of time between the driver's last use of the substance and the test.

Defenses to DUI Charges

If you have been charged with DUI in Louisiana, there are several defenses that you can use to fight the charges. Some of the most common defenses include

1.     Lack of Probable Cause: Police officers must have a valid reason for pulling you over for a traffic violation If they did not have probable cause for the traffic violation, then any evidence collected after the stop may be inadmissible in court.
2.     Faulty Equipment: If the breathalyzer or other testing equipment is not functioning correctly, the results of the test may be invalid.
3.     Improper Administration of Test: If the police officer did not administer the test correctly, the test results might be inaccurate and challenged in court.
4.   Medical Conditions: Certain medical conditions, such as acid reflux or diabetes, can cause false positives on breathalyzer tests.

Attorney Philip B. Adams Can Assist You With Your DUI Case

If you have been charged with DUI in Louisiana, it is essential to seek legal representation immediately. 
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The Law Offices of Philip B. Adamas has an experienced DUI defense attorney in Shreveport, LA, who can help defend you against serious DUI charges. Attorney Adams will work to ensure that your rights are protected, will investigate the circumstances of your case, and will use every available defense to fight your charges. Contact us today to schedule a consultation and learn how we can help with your DUI case.


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Law Offices of Phillip B. Adams

(318) 230-7199
Law Offices of Philip B. Adams, LLC
400 Travis Street, Suite 1109
Shreveport, LA 71101
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