How to Defend a DWI Charge in Baton Rouge

How to Defend a DWI Charge in Baton Rouge

A Baton Rouge DWI lawyer can help build your case and provide defenses to your DWI charge. There are many technical legal defenses that may be possible in your case. Only a seasoned Baton Rouge DWI lawyer can determine the proper DWI defenses applicable to your case. For instance, the defenses may include procedural mis-steps by the arresting officer, such as an improper stop, lack of reasonable cause to believe you are intoxicated, lack of probable cause, misuse of the breathalyzer, and incorrectly applying the field sobriety tests.

Improper stop for traffic violation

The arresting officer must first have reasonable suspicion of criminal acitivity. He must believe that you committed a traffic violation. An officer cannot just pull over anyone for the fun of it. The suspicion must be based on articulable facts and circumstances. An experienced Baton Rouge DUI attorney will look at the facts to see if the officer did something wrong.

Fighting Probable Cause for Arrest

Before the arresting officer can arrest you, he must be able to point to specific facts that demonstrate you were committing a DWI. There are many facts and circumstances a police officer can describe, but the police officer must be able to articulate the specific basis on which probable cause was ultimately determined.

Problems with the Breath and Field Sobriety Tests

There are numerous defenses to challenging a breath test including that the machine was not calibrated or that it was broken, that the officer improperly performed the test, the officer was not trained to use the machine, or that the officer did not observe the offender for 15 minutes prior to the administratiom of the test. 

Defending Felony DWI – Third and Fourth Offense

Aside from fighting the facts of the arrest for DWI, your Baton Rouge DWI lawyer should examine your prior DWI convictions. Only convictions for DWI count, rather than simply arrests. It is important to see what the actual prior conviction was for. Then, it must be determined if the prior conviction can be proven with sufficient evidence by the prosecutor.

CONTACT a Baton Rouge DWI attorney at (225) 407-9860 to discuss DWI defenses.