2. Can the officer take my license at the scene?
The law in Louisiana is a "per se" statute, which provides for immediate suspension and confiscation of your license if your breath test result is above the legal limit. Your license will also be automatically suspended if you refuse to submit to the breath test. It is possible to avoid these suspensions if you contact an attorney, but you need to do so as soon as possible. Under Louisiana law you only have fifteen days to challenge the suspension.

3. How do I know if I am legally drunk?
To be considered legally drunk in the state of Louisiana you must have a Blood Alcohol Concentration of at least 0.08. Your BAC will depend on your weight and the amount of drinks you have consumed. Typically, a man weighing 220 lbs. will reach a limit of 0.08 within five or six drinks. A woman weighing 140 lbs. will reach her BAC limit of 0.08 within two or three drinks. There are a number of other factors that can effect the results of a breath test, and even if you refuse the test you can still be found guilty of D.W.I.

4. Should I plead guilty to a DWI charge?
No. If you plead guilty, you could face up to 6 months in jail, fines up to $ 1,000.00, 32 hours of forced community service and a 90-day suspension of your license, all for just a first offense. There are times when pleading guilty could be you best option but it is essential that you have an attorney to assist you eith that decision. You should have an experienced DWI lawyer from Babcock Law Firm on your side to assist you with your case. Contact us today to discuss your case.

5. Is there anything I can do to keep my driver’s license?
To save your driver's license you must request an administrative hearing within 15 days of your arrest. At this administrative hearing an experienced DWI lawyer may be able to get information from the police officers that could save your license and help you win your case. Contact Babcock Law Firm immediately to discuss your case so that action may be taken before 15 days has passed.

6. Will my chemical test be used against me in court?
The State must prove that the requirements outlined in Louisiana Revised Statutes 32:661-669 and the regulations promulgated by the Louisiana Department of Corrections have been followed or your breath test results can be thrown out by a judge and not be used against you at trial.

7. What restitution do I face if I have a BAC of 0.10 or higher and am involved in a motor vehicle accident?
Punitive damages can be collected against the driver of the vehicle who was intoxicated pursuant to Louisiana Civil Code Article 2315.4, which states “in addition to general and special damages, exemplary damages may be awarded upon proof that the injuries on which the action is based were caused by a wanton or reckless disregard for the rights and safety of others by a defendant whose intoxication while operating a motor vehicle was a cause in fact of the resulting injuries.” In addition, a traffic accident that is alcohol related could result in criminal charges against the drunk driver, such as negligent homicide or negligent injury.