Drunk driving accidents contribute to the death of about 30 people daily in the US. This is why the government takes DWI cases seriously. It is an offense to drive when your BAC or blood alcohol concentration is 0.08% or higher. Some people refuse to take a BAC test but are still charged with DWI if their conduct match that of people under alcohol influence.
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. If the blood test indicates the presence of alcohol or a controlled substance, you would be charged with driving under influence or DUI.
Following Baton Rouge DWI arrest, you need to understand the DWI case. You need to understand several things following a DWI arrest. The following are some of the things you need to understand.
1. The prosecutor must prove the DWI charges.
To be convicted after being charged with DWI, the law requires that the prosecutor provide proof for some key elements. Some of the things that need to be proved include you were operating or driving a vehicle, prove the BAC is 0.08% or higher, and that you were driving under the influence of drugs or alcohol.
However, DUI and DUID penalty is different. As the defendant you need to submit breath or blood test. When stopped by police, therefore, the BAC test should be taken immediately. You should ensure the collection of blood sample within 3 hours when arrested if further testing will be required.
Even if you refuse to undergo the BAC test or the alcohol levels are below 0.08%, you can still be charged with DUI. However, a videotape evidence will be required showing that your conduct is the same as for someone under the influence of alcohol. Among the things that will show impairment include alcohol odor, slurred speech, not following instructions, confusion, unsteady gait, asleep while driving, and flushed appearance.
When you refuse to take the BAC test, you will simply be admitting you are guilty.
2. License suspension.
You will automatically have your driver’s license suspended when the BAC is beyond the limit. For minors, alcohol level limit is 0.02% while that of commercial drivers is 0.04%. Your driver’s license will be retained for 30 days by the state after being arrested. You will be given 10 days to dispute your license suspension. To dispute license suspension, you will have 10 days. At that point, you can challenge the BAC results and your arrest.
When involved in Baton Rouge DUI case, however, you need to get an experienced DUI attorney.