Parents facing DWIs need to stand up for their rights

Parents facing DWIs need to stand up for their rights

| May 4, 2021 | Criminal Defense |

As a parent, one of the last things you wanted to do was to be a bad influence on your kids. You regularly take them to school and events, and you participate actively in their lives.

You didn’t expect to get stopped by a police officer after you took your family out to dinner, but you were. They claimed you were speeding and had gone out of your lane. Then, they asserted that you must have been drinking. You admitted you had a drink at dinner, and now you have serious trouble because of accusations of a DWI.

Louisiana’s DWI penalties are tough

Louisiana does have harsh DWI penalties, but you can fight back against allegations of drinking and driving. Even if you’ve been arrested or a Breathalyzer test has come back high, you can fight the charges and work to have the case dismissed or dropped completely.

If you had children under 12 in your vehicle at the time of the DWI charge, you may also face additional penalties, such as a mandatory jail sentence for child endangerment. That’s something to fight, too, especially if you don’t believe you were impaired at the time of the arrest.

Can Breathalyzer tests be wrong?

Yes, they can be. Remember that Breathalyzer tests have to be calibrated. The officer giving the test also needs to give the test correctly. If you burp or have reflux, there is a higher risk of an inaccurate test, and the officer may need to give it again. Additionally, you’ll need to take the test more than once, and a specific amount of time has to pass between each. Finally, those tests must be within a small, reasonable margin of error. If not, then the test may not have been performed accurately.

As a parent, it’s hard to hold your head high when you’re facing serious charges for a DWI. This is an excellent time to teach your children how to approach accusations and traffic stops as well as when to get an attorney involved. To protect your rights, it’s worth learning more about your legal options.