You had some alcohol with dinner, but you never expected to have enough to get a DWI if you got pulled over. You took a breath test at the request of the police, and it came back over .08. You don't believe it's accurate, because you only had two drinks. How could that happen?
One possibility is that the Breathalyzer was not calibrated correctly. It's also possible that you burped, which can result in higher test results than are true. If the police decide to move forward with an arrest, you could face charges. Fortunately, you are able to defend yourself against the charges that the prosecution wants to file.
Louisiana's laws are very strict, and you can face a jail sentence for a DWI even on a first offense. You could face up to six months in jail unless you complete at least 32 hours of community service, go through a driver education course or go through a court-ordered substance abuse program. If you do what the court requests to lower your penalties, then you may only need to go to jail for a reduced time of 48 hours.
First-time offenders lose their licenses for 90 days. If you're convicted, that could mean being unable to drive to work or school, missing important events or losing time with friends or family members.
Your attorney can help you fight these charges and question the validity of the Breathalyzer test. You should not have to be penalized for an offense you did not commit. Even if you are convicted, a good defense may help significantly reduce your penalties. Our website has more information.