A: An officer will look for things such as:

A: You can assert your 5th amendment privilege against self-incrimination. A polite "I would like to speak with an attorney before I answer any questions" is a good reply. On the other hand, saying that you had one or two beers is not incriminating: it is not sufficient to cause intoxication -- and it may explain the odor of alcohol on the breath.

A: No. The police must follow strict procedures for testing and maintaining the machine as well as periodic certification. However, it is not enough to allege that such machines periodically fail. You must allege and prove, which particularity, why YOUR result was off in THIS PARTICULAR case. 

"Mouth alcohol" refers to the existence of any alcohol in the mouth or esophagus. If this is present during a breath test, then the results will be falsely high. This is because the breath machine assumes that the breath is from the lungs; for complex physiological reasons, its internal computer multiplies the amount of alcohol by 2100. Thus, even a tiny amount of alcohol breathed directly into the machine from the mouth or throat rather than from the lungs can have a significant impact.

Mouth alcohol can be caused in many ways. Belching, burping, hiccupping or vomiting within 20 minutes before taking the test can bring vapor from alcoholic beverages still in the stomach up into the mouth and throat. Taking a breath freshener can send a machine's reading way up (such products as Binaca and Listerine have alcohol in them); cough syrups and other products also contain alcohol. Dental bridges and dental caps can trap alcohol. Blood in the mouth from an injury is yet another source of inaccurate breath test results: breathed into the mouthpiece, any alcohol in the blood will be multiplied 2100 times. A chronic "reflux" condition from gastric distress or a hiatal hernia can cause elevated BAC readings.

Unfortunately, the law in Louisiana provides for immediate suspension and confiscation of the license if the breath test result is above the legal limit (or, in the case of a blood or urine test, if the officer reasonably believes the result will be above the limit) or the individual refuses to take a chemical test.

In Louisiana, the traditional offense is "driving while intoxicated" (DWI), or "driving under the influence of alcohol" (DUI). In recent years, however, Louisiana and states have also enacted a second, so-called "per se" offense: driving with an excessive blood-alcohol concentration (either .08% or .10%).

For a DWI First Offense, the fine ranges from $300 to $1,000 (plus court costs and other fees), and the jail time can be 10 days to 6 months (all can be suspended.) You will also receive 32 community service hours.  A substance abuse evaluation and driver improvement school is required.  In the event that  your BAC is over .15, you will receive a minimum of 48 hours in jail and a license suspension of 90 days.

For a DWI Second Offense, the fine ranges from $750 to $1,000 (plus court costs and other fees), and the fail time can be 30 days to 6 months (all but 48 hours can be suspended).  Your community service time will be 240 hours and you will be required to attend a substance abuse evaluation and driver improvement school.  In the event that  your BAC is over .15, the minimum mandatory jail time is 96 hours, and your Driver's License will be suspended for 1 year.

A: You will suffer significant penalties, including fines, imprisonment, forfeiture of his or her vehicle or extension of the license revocation/suspension. The more prudent course of action is to rely on friends and family for rides or use public transportation during a license revocation or suspension.

A: Yes, although your current insurer can drop you. Either way, you will generally pay MUCH more, as you will be considered a "high-risk" driver. A subsequent clean-driving record may result in lower rates in the future. This is one of the biggest reasons to fight a DWI charge, as you will end up paying THOUSANDS of dollars more in insurance. 

A: We can petition for a "hardship license" for you. This would allow you to travel to and from work. However, if you are caught driving outside of its strict limitations, further penalties may be imposed. If you are denied a hardship license, you should use public transportation or rides from friends, family or co-workers for transportation to and from work during periods of license suspension or revocation.

A: Because fighting a DWI charge requires understanding complicated procedural, evidentiary, constitutional, sentencing and administrative license issues. Even if you did unsafely drink and drive, experienced legal counsel can help minimize your legal problems and maximize your opportunities to move ahead toward a brighter future. A criminal defense attorney helps to equalize the balance of power between the defendant and the prosecution and works to preserve the constitutional rights that are guaranteed to all criminal defendants.