FREQUENTLY ASKED QUESTIONS ABOUT DUI/DWI
- What are some of the signs and symptoms that police officers look for when they search for a drunk driver?
- swerving
- weaving
- drifting
- headlights are off
- speed is more than 10 mph below the limit
- following too closely
- slow response to traffic signal
- What is the officer looking for after you are pulled over?
- slurred speech
- flushed face
- swaying
- red, glassy, and/or bloodshot eyes
- odor of alcohol on breath
- What can I do if I am asked to take the field sobriety test?
A polite refusal would be the most appropriate thing for you to do. Unlike the chemical test, you are not legally required to take the field sobriety test. By this time the officer has usually already made his/her decision whether to arrest you. These tests are just used to give the officer additional evidence that you are drunk.
- Do I have a right to an attorney if I am stopped by an officer and asked to take the field sobriety test?
The general rule, is you have no right to an attorney until you have submitted to (or refused) breath, urine or blood testing. However, you have the right to refuse these tests and probably should.
- Should I take the chemical test if I am asked? What will happen if I refuse?
There are several consequences that you will face if you decide to refuse the chemical test:
- Your driver's license will be suspended for a period of time, it is usually 180 days if it is your first refusal with in 5 years or 545 days if it is you're second or subsequent.
- Refusal is not a separate crime and it does not add jail time to the sentence for the DUI/DWI offense.
- If you refuse the test, this can be introduced into evidence as "consciousness of guilt".
- Do I have a choice of chemical tests? And if so, what should I choose?
You do not have a choice. However, if you choose breath, the law permits you to have a second test or blood or urine; this is because a breath sample is not saved and so cannot later be re-analyzed. If you are unable to complete a breath sample because of medical reasons you should advise the officer and request a blood or urine test.
- Why am I being charged with two crimes?
In Louisiana, the traditional offense is "underage driving under the influence of alcohol" (UDUI), or "driving while intoxicated" (DUI/DWI). UDUI requires only a .02 blood alcohol level and is used to charge persons under the age of 21 years old. DUI/DWI requires a blood alcohol level of .10. If you submit to the test and test above the levels you are presumed to be intoxicated. However, if you refuse the test generally the officer will charge you with a DUI/DWI and be required to prove intoxication.
- The officer took my license and served me with a notice of suspension after the breath test: How can he do that if I am presumed innocent?
The law in Louisiana is a "per se" statute, which provides for immediate suspension and confiscation of the license if the breath test result is above the legal limit.
- If I have some questions about my case, where can I go for answers?
- You can go to the National College of DUI/DWI Defense, Inc. web site at www.ncdd.com.
- Go to a law school, or courthouse library, and research DUI/DWI law and blood alcohol analysis. LSA-RS.14:98 et seq.
- How do you know when you're legally drunk?
- Remember, to be considered legally drunk in the state of Louisiana you must have Blood Alcohol Concentration of at least 0.10.
- Alcohol Impairment Chart for: Men and Women
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