How do you get a DUI dismissed in Louisiana?

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Driving under the influence, also known as a DUI, is an incredibly serious offense in Louisiana. 

If you’re facing DUI-related charges, getting legal assistance from a trusted attorney, like the skilled legal defense team at Harmon, Smith & Vourvoulias, can help you get the charges reduced or even get the case dismissed.

We’re going to take a look at not only what constitutes a DUI in Louisiana, but some of the possible defenses that can be used, and how you might be able to leverage legal help to get your DUI dismissed in Louisiana.

Understanding DUI Law Basics In Louisiana

Just as with other states, the DUI laws in Louisiana state that a driver can be charged with DUI if they are found to have a blood-alcohol content (BAC) of 0.08% or greater. This level is halved for commercial drivers and operators, with DUI charges possible at 0.04% or more. 

For those under 21, there is a limit of 0.02%.

The penalties for a DUI conviction in Louisiana can be considerable. They can include fines, jail or prison time, and driver’s license suspension. With the potential severity of these penalties, understanding all of the available legal options for fighting the charges that can lead to dismissal is critical.

Possible DUI Defenses in Louisiana

There are many potential defenses to a DUI charge in Louisiana that could eventually lead to dismissal. Your Louisiana defense attorney should be able to look at the specifics of your case and determine a potential strategy to fight the charges. While there are many different options, the most common are below.

  • Unlawful Traffic Stop

One of the most common arguments for DUI charges is the defense that the officer lacked the probable cause or reasonable suspicion needed to initiate the traffic stop. By showing that the stop was unlawful, the other evidence may be able to be suppressed, leading ultimately to dismissal.

  • Inaccurate Breathalyzer Test

Breathalyzers are known to produce inaccurate results due to not being properly calibrated, or operated, or due to device malfunction. If any of these issues can be identified or demonstrated, the breathalyzer results may be deemed inadmissible in court.

  • Violation of Testing Procedures

There are strict procedures and methods that the police need to adhere to when conducting breathalyzers or field sobriety tests. Failing to stick to these procedures can lead to dismissal when challenged.

  • Medical or Health Issues

There are some medical issues or conditions, like diabetes or acid reflux, that can alter the BAC readings on a breathalyzer. Your attorney may have a plan to challenge the DUI charge on these conditions, which may also lead to dismissal.

Factors That Can Influence Your DUI Case Dismissal

If you and your attorney are going to try to get your DUI case dismissed, there are several factors that will affect that result, including:

  • The overall strength of the prosecutor’s case 
  • The quality and experience of your legal representation 
  • Additional mitigating factors, such as a clean driving record or a high level of cooperation

By partnering with an experienced, Louisiana DUI attorney, you’ll be able to get a professional assessment of your case and begin planning your defense.

Let Harmon, Smith & Vourvoulias Help You Get Your Louisiana DUI Dismissed

Getting help from one of the leading DUI attorneys in Louisiana can mean you can benefit from an immense source of experience and knowledge. By partnering with Harmon, Smith & Vourvoulias, you’ll have a wealth of experience at your fingertips, as well as an incredibly powerful advocate in court that makes sure your rights are always protected. Contact us today to get started.


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Categorized as DUI, DWI

By George Vourvoulias

George is a founding member and managing member of Harmon, Smith & Vourvoulias L.L.C., a New Orleans law firm. George concentrates his practice in maritime personal injury, construction litigation, personal injury, workers' compensation, medical malpractice, and DUI defense. George Vourvoulias's Google+ Profile

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