Blood alcohol concentration tests are not always reliable. Nevertheless, when drivers in Louisiana find their BAC measures .08 or higher, they may conclude there is no reason to fight the drunk driving charges against them. However, this is not always the best course of action. In fact, for many, accepting the charges and their potential penalties may disrupt their lives in unimaginable ways.
One example may be a recent arrest police made more than a year after a traffic incident. Last May, a 30-year-old man was traveling north around 1 a.m. when his pickup truck collided with another vehicle at an intersection. The driver of the other vehicle suffered fatal injuries. Police reports indicate that the deceased driver had been making an illegal U-turn at the time of the collision.
Following the accident, police drew the pickup truck driver's blood for a BAC test. The results indicated that the driver's BAC was .11 even though an hour had passed since the accident. After completing their investigation this past week, officers arrested the man and charged him with vehicular homicide and reckless driving. He is being held on a $17,500 bond.
In addition to disputing the results of the BAC test, the driver of the truck may place emphasis upon the fact that the other driver's illegal actions contributed to the accident, and were perhaps solely responsible for it. The allegation of drunk driving increases the seriousness of the charges, and those in Louisiana in similar situations may have many questions about the best way to proceed to protect their rights and their freedom. The assistance of a dedicated criminal defense attorney may prove invaluable.
Source: wafb.com, "Man arrested for 2016 fatal crash, had BAC over legal limit", Marcus Brown, Sept. 17, 2017