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Looking at Louisiana DWI laws, P.2

In our last post, we spoke a bit about Louisiana DWI laws and how they compare to DWI laws in other states. As we noted, Louisiana DWI laws are considered moderately strict. Because of the potential impact of DWI charges, those who face them here in Louisiana should always work with an experienced attorney. How exactly can a DWI attorney help, though?

DWI defense strategy, naturally, varies depending on the circumstances of the case. In this post, we’ll briefly focus on one potential avenue of DWI defense: level of intoxication. Here in Louisiana, the legal limit for blood alcohol is .08, as in many if not most other states. The term “legal limit” is often misunderstood, and it will be helpful to explain it.

Legal limit simply means the degree of intoxication at which the defendant is presumed by law to have been intoxicated or under the influence of alcohol at the time of arrest. Police officers can gather this evidence either through bread or blood samples. If officers can provide reliable evidence that the defendant’s blood alcohol concentration was .08, it is much easier for them to obtain a conviction for drunk driving.

That is not to say, though, that it is not possible to be convicted of DWI when one’s blood alcohol content was less than .08. Prosecutors may be able to provide sufficient evidence of intoxication in other ways, such as the defendant’s driving behavior, sobriety test performance, admissions and observations of the driver’s smell, speech and demeanor.

For a DWI defendant, it is critical that each piece of evidence presented in support of DWI charges is appropriately scrutinized to ensure its accuracy and appropriateness as evidence in court. Again, working with an experienced on this is critical to ensure one receives the best possible representation.

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Meet Attorney Guillory

Attorney Joshua S. Guillory was born in Alexandria, Louisiana. Upon graduating high school from Alexandria Senior High, he enrolled in classes at the University of Louisiana at Lafayette where he earned his Bachelor of Science degree. Josh was a member of Mu Kappa Tau, a national honor society for marketing majors, while attending... Read More

Joshua S. Guillory

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