What to Do if Pulled Over for DWI in Louisiana

Driving While Intoxicated is a serious offense in Louisiana even though it is classified initially as a misdemeanor. There are high fines, license suspensions, and a criminal record that can follow you for years. You should not get behind the wheel if you have had too much to drink. However, mistakes happen and sometimes good people make poor choices. If you find yourself pulled over for a DWI, here are some things to keep in mind.

First, you will likely be arrested if the police officer believes you are under the influence of alcohol or drugs. If you have been drinking or using drugs, do not admit to the officer how much you’ve had to drink or what you might have taken, unless it is legally prescribed (more on this later). Do not submit to the breathalyzer test. You are likely going to be arrested anyway so why give the prosecutor definitive proof of your intoxication? Yes, you will face a mandatory suspension of your driving privileges for refusing to submit to the test but we can always fight that down the road. Unless you are sure you are well below the legal limit, I do not advise submitting to the test.

Second, in some Parishes, they will take you to have blood drawn. They need to obtain a warrant. Be polite and cooperative but do not submit to having blood drawn until you have been presented with a warrant. Drawing your blood is going to be able to provide the prosecutor with all substances you might have ingested. If you are under the influence of narcotics, you are presumed intoxicated but if you have just been drinking, the amount of time it takes between the initial stop and having your blood drawn may give you time for your body to filter some of the alcohol through your system.

Third, if you are prescribed medications that you are not supposed to drink on or that cause drowsiness, you are not supposed to operate a vehicle. Sometimes, however, we are proscribed medication that our bodies react poorly with. If this is the case, then we may have a good defense for the alleged intoxication because it was not done by you but rather by a misprescribed medication. In this instance we will need documentation from a medical professional that the medication would have impacted you despite being properly prescribed.

All in all, the only real defense to driving while intoxicated is not to do it. However, if you are pulled over remember these three things: 1) Be polite and cooperative but do not admit to anything, 2) Be polite and cooperative but do not submit to any chemical test or blood test without a warrant, and 3) Call us immediately when you are able to make a call. We can start the process of helping you get out of jail and mounting any defenses we might have.

Remember sometimes good people make poor choices. When that happens and no one is Carin’…Call McLaren! 504-300-8338