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Can you pass the breathalyzer test in Louisiana and still get arrested for driving drunk? Yes!

I had mother call the other day about her 26 year son who was arrested for DWI but his BAC was .06%.  She said “he was under the limit…the police arrested him illegally!”  I understand her frustration.  It’s a common misconception that if you “pass” the breathalyzer test (under .08%) that the police should let you go on your way.  That simply isn’t the case. The one crucial aspect of a DWI case is your Blood Alcohol Concentration (BAC) level, and understanding Louisiana’s BAC limit is vital to mounting a strong defense. Here, I’ll shed light on this matter and explain why you it’s not always as simple as it seems.

Louisiana’s BAC Limit: In Louisiana, as in most states, the legal BAC limit for drivers is 0.08%. This means that if your BAC is measured at 0.08% or higher, you can be charged with a DWI. However, it’s essential to note that even if your BAC is below 0.08%, you can still be arrested and charged if the arresting officer believes your ability to drive is impaired due to alcohol or drugs.

Why the BAC Limit Matters:  If your BAC is above the legal limit, it may seem like an open-and-shut case to the prosecution. However, this is not always the reality. Many factors can affect BAC measurements, including the accuracy of breathalyzer tests and the timing of the test relative to your last drink. As an experienced DWI defense attorney, I know how to challenge these factors and build a robust defense strategy on your behalf.

The Role of Legal Representation: Hiring a DWI defense attorney is not an admission of guilt; it’s a proactive step toward protecting your rights and future. I have successfully represented numerous clients facing DWI charges in Louisiana, and I know how to challenge the evidence against you. From scrutinizing the accuracy of BAC tests to examining the circumstances of your arrest, I leave no stone unturned to secure the best possible outcome for your case.

Potential Consequences: A DWI conviction in Louisiana can result in severe penalties, including fines, license suspension, mandatory alcohol education programs, and even jail time for repeat offenses. Additionally, a DWI on your record can have long-lasting consequences, affecting your employment opportunities and insurance rates.

Bottom line, if you’re facing a DWI charge in Louisiana, don’t underestimate the importance of understanding the BAC limit and the potential consequences.  Even if you blew “under the limit” the police may still have arrested you for DWI.  Give our office a call at 504-434-7000 and we’ll discuss your case and let you know how we can help.