October 29, 2013 /24-7PressRelease/
-- Some medical conditions can result in faulty sobriety test results
In Louisiana, if you're arrested for drunk driving you can probably find it safe to assume that you're going to face hefty fines and penalties. The laws against drunk driving are steep throughout the country to protect other people on the road, and to keep people from making the decision to drive while intoxicated. Everyone deserves the chance to have their case heard fairly in court, including those who feel they've been wrongfully arrested.
The Century Council reported that there were 6,032 arrests for drunk driving in Louisiana in 2011. Based on several studies and recent examples, some of these arrests may have been made unfairly.
Some sobriety tests can be inaccurate
The Herald Tribune reported that several Florida breath test machines had been incorrectly calibrated, resulting in skewed test results that may have meant thousands of people received wrongful DUI charges. And according to The Poison Review, a study proved that the use of hand sanitizer near a breath test machine can result in a false positive
even when a sober person takes the test.
Field sobriety tests can also be faulty. For example, ABC Action News says that people with certain health conditions may have difficulty passing a field sobriety test even while sober. Those with balance or cognitive problems might not be able to balance on one leg or walk with one foot in front of the other with their arms held up to their sides, for example.
In one unusual case, a man discovered he had a rare medical condition that caused bacteria in his intestines to convert starchy food into ethanol, unwittingly intoxicating him, said Fox News. Before he was diagnosed with "auto-brewery syndrome," doctors and even his wife thought he was a closet alcoholic. Although the man hadn't had anything to drink, he tested at nearly five times over the legal limit. If he'd been pulled over and had a sobriety test, he most likely would have been arrested for drunk driving without even having had a drink.
Getting help from an attorney
In this man's case, it would have been well worth it to challenge his case in court and prove that a medical condition caused his sobriety test result, and not the decision to drive drunk. A DUI conviction in Louisiana carries costly penalties
, according to DMV.org. For a first offense, a person would face the following:
-Driver's license suspension of up to 90 days.
-Up to six months in jail.
-A fine of up to $1,000.
-Substance abuse program of 6 weeks to 12 months.
The fines get even steeper with a subsequent conviction, and can include years in prison or home confinement.
If you've been arrested for suspected drunk driving and you believe your sobriety test result was questionable, you have the right to contest the charges in court. It's important to contact an experienced drunk driving defense attorney right away to find out what your rights are. It may be possible to have your charges lessened or dropped altogether.
Article provided by Baton Rouge DWI lawyer
Visit us at batonrougedwilawyer.net/