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. Blood or urine test will be necessary when screen test shows that the levels of alcohol are low. You would, however, be charged with DUI when the presence of controlled substances or alcohol is found in the blood test.
Following Baton Rouge DWI arrest, you need to understand the DWI case. There are several things that you need to understand. Among such things are as follows.
1. A proof of DWI charges must be submitted.
After being arrested and you are charged with DWI, it required that the prosecutor proves certain elements to be convicted. 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.
The penalty will, however, be different for DUID and DUI charges. The accused should, however, provide blood or breath tests. The BAC test needs to be taken immediately after being stopped by the police. If further testing will be needed, the blood sample needs to be obtained within 3 hours of your arrest.
Even if you refuse to undergo the BAC test or the alcohol levels are below 0.08%, you can still be charged with DUI. Such conviction will, however, depend on videotape evidence that your conduct is similar to an individual 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.
If the BAC test shows the alcohol level is beyond the set limit, you will have your driving privileges suspended automatically. The alcohol level limit for minors is 0.02% and the limit for commercial drivers is at 0.04%. 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. 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.