Attorneys

There are many issues to be resolved in a DWI case. The failure of the State to prevail on any of these issues could result in an acquittal. An example of some of those issues is as follows: A. Probable cause. Did the law enforcement officer have reasonable grounds to stop you prior to the arrest. If the court determines that he did not, then all evidence which was seized after the stop must be suppressed from use at trial. This will result in an acquittal. B. Operation. Can the law enforcement officer actually prove that you were operating a motor vehicle. If he cannot, then the end result will be an acquittal. C. Did the officer have reasonable grounds to believe that you were operating a motor vehicle on a public highway under the influence of alcoholic beverages before he requested that you submit to the breath alcohol test. If not, then he cannot lawfully request that you submit to the test. D. Can the prosecution lay a proper foundation to admit the breath alcohol test at trial? Before the court can accept a breath alcohol test into evidence, the prosecution must prove that the test was administered according to rules and regulations promulgated by the Louisiana Department of Public Safety and Corrections and according to statutory law. If the prosecution cannot do this, then the breath test is inadmissible. E. Validity of the Breath Alcohol Test. The results of a breath alcohol test are not nearly as accurate as many people assume. There are many variables which can call into question the accuracy of the results. F. Multiple Offenders. Before you can be convicted of a second, third or fourth offence, the prosecution must prove that the prior offense or offenses were legally obtained. An attorney can evaluate the evidence of the prior offences and determine if one or more of them should be stricken from the case. This can greatly reduce your potential sentence. G. Driver's License. Even if you took the breath alcohol test, a number of issues must be resolved before the State can suspend your driver's license. H. If your license is suspended, there are options available which may allow you to obtain a hardship license in order to get to and from work.