Drunk driving accidents contribute to the death of about 30 people daily in the US. This is why the government takes DWI cases seriously. It is an offense to drive when your BAC or blood alcohol concentration is 0.08% or higher. But even when you refuse to undergo a BAC test and your demeanor is similar to that of a person under influence of alcohol, you would still face DWI charges.
If it is suspected other drugs could be causing the impairment, a blood or urine test for confirmation would be required. That is the case when a screening test indicate low alcohol levels. When the blood test reveals there are controlled substances or alcohol, you would be charged with DUI.
It is, however, important that you clearly understand a DWI case if involved in Baton Rouge DWI arrest. You need to understand several things following a DWI arrest. The following are some of the things you need to understand.
1. A proof of DWI charges must be submitted.
After being arrested and you are charged with DWI, it required that the prosecutor proves certain elements to be convicted. The prosecutor must prove you were driving a vehicle, BAC of 0.08% or above, and driving under alcohol or drug influence.
People charged with DUI and DUID charges will get different penalties. The accused should, however, provide blood or breath tests. When stopped by police, therefore, the BAC test should be taken immediately. If further testing will be needed, the blood sample needs to be obtained within 3 hours of your arrest.
Even if you refuse to undergo the BAC test or the alcohol levels are below 0.08%, you can still be charged with DUI. However, a videotape evidence will be required showing that your conduct is the same as for someone under the influence of alcohol. Such things that could indicate impairment will include slurred speech, confusion, alcohol odor, flushed appearance, unsteady gait, not able to follow instructions, and asleep while driving.
When you refuse to take the BAC test, you will simply be admitting you are guilty.
2. Suspension of your driver’s license.
You will automatically have your driver’s license suspended when the BAC is beyond the limit. The alcohol level limit for minors is 0.02% and the limit for commercial drivers is at 0.04%. Your driver’s license will be retained for 30 days by the state after being arrested. You will also have 10 days where you can dispute the license suspension. At that point, you can challenge the BAC results and your arrest.
It is, however, important that you get a professional DUI attorney when facing Baton Rouge DUI.