Answers To Your DWI FAQs

1. I wasn't actually driving when I was charged with a DUI. Should I fight it?

Yes. Defenses are available to those not actually operating a vehicle at the time of a DUI arrest. The burden is on the government to prove you were operating the vehicle while intoxicated. The attorneys at The Law Offices of Ossie Brown have experience in this area.

2. Is it worth it to challenge the FST (Field Sobriety Test) results?

On some occasions a challenge of the FST is warranted. However, in some instances it is recommended that you decline to perform any Field Sobriety Tests and instead, request an attorney. The tests aren't mandatory and you cannot be forced to submit to a FST or breathalyzer test. There are many factors that can influence the outcome of these tests which make it risky to undertake at all. The officer may not have been fully trained or may not have property administered or explained some facet of the test. Road condition, weather, lighting, nerves, your own athletic or medical condition can affect your ability to perform the test. Each case is different and the experienced attorneys at The Law Offices of Ossie Brown can determine if the results of your FST should be challenged.

3. Are breath tests or other blood alcohol tests 100 percent accurate?

The simple answer is no. In fact, the attorneys at Ossie Brown have obtained acquittals, dismissals and reduced charges in DWI/DUI cases by contesting the blood-alcohol level readings or attacking the manner in which the test was administered, the procedure followed or the manner in which evidence was collected.

4. What can cause a false positive in the breath test?

Many things can cause a false reading in a breath test including whether or not you just used an alcohol based mouth wash, if you have acid reflux (GERD), diabetes or hypoglycemia, and even if you burped while giving the breath sample. Because of these variables and uncertainties, it is often better to decline to submit to the breathalyzer test.

5. What is probable cause?

Probable cause means the police officer had a valid reason to pull your vehicle over. If the officer did not have probable cause — for example if he or she pulled you over simply because it was late at night or you were driving in a certain area of town, then our skilled attorneys may be able to prevent evidence obtained after your arrest from being used against you in court. This is known as suppression of evidence and may aide in the defense of your case.

Understand what is at stake

It is always in your best interest to know your rights and to have qualified legal representation if you are charged with a DUI or DWI in Louisiana. Even a first conviction can result in thousands of dollars in fines and costs, suspension of your driver's license, increased insurance rates and in some cases jail time. Having effective legal counsel like The Law Offices of Ossie Brown can have a direct impact on the results of your legal matter.

If you are under 21 years of age, have prior convictions or driving infractions or were involved in a car accident while intoxicated, the penalties are more severe and effective legal representation is crucial to your cases and your future. Email or call The Law Offices of Ossie Brown at 225-343-1111 to speak with one of our skilled DUI defense attorneys. Our offices are located downtown Baton Rouge and we not only serve the city but also the LSU and Southern University communities as well as other surrounding areas including West Baton Rouge, Ascension, Iberville and Livingston. At The Law Offices of Ossie Brown your initial consultation is free.