DWI/OWI
Don't Gamble with Your Attorney
LAFAYETTE DUI LAWYER
DEFENDING CLIENTS CHARGED WITH DRIVING UNDER THE INFLUENCE IN LOUISIANA
When a person is driving with a blood-alcohol concentration (BAC) of greater than 0.08%, they can be charged with driving under the influence. What too many drivers may not realize is that the BAC level that may have been shown on the breathalyzer or in the blood test is far from infallible. In fact, the test itself may have been illegal. That’s why, before doing anything else, defendants need to get an experienced Lafayette DUI lawyer in their corner.
The Law Office of J. Bradley Cockrell has been fighting for defendants since 1993. We understand how to investigate a case and what questions to ask. That could be the difference in your DUI case. Call today at (337) 448-4777 or contact us online for a consultation. Serving the English, French and Spanish-speaking communities.
Understanding DUI Penalties in Louisiana
The penalties for driving under the influence (DUI) are serious in Louisiana. You can be subject to fines, jail time, and license suspension or revocation if convicted of a DUI offense. The consequences increase with additional offenses, including mandatory sobriety programs and installing an ignition interlock device in your car. Additionally, harsher penalties apply if your BAC is found to be 0.15% or higher, such as greater fines and longer jail sentences.
Louisiana also requires additional mandatory punishments for driving under the influence, such as attending an alcohol and substance abuse educational program, paying court costs, and having insurance companies receive notification of the conviction. A DUI offense can also lead to a permanent record that can stay on your criminal history indefinitely. Finally, a first-offense DUI will cost you approximately $2,000 in fines and fees but can range up to $5,000 with added penalties.
Strategies to Challenge DUI Evidence in Court
Everything from the accuracy of the test to its legality is subject to challenge by a good attorney. It starts with the decision the police officer made to pull up behind a driver to begin with.
Examining Reasonable Suspicion in DUI Stops
Police officers cannot randomly pull up behind drivers and hope to “get lucky”, so to speak. Unless the stop is taking place at a designated sobriety checkpoint, an officer must have at least a reasonable basis for thinking the driver is intoxicated or that something is wrong.
Examples might be leaving a drinking establishment extremely late or irregularities in driving. It’s not a high bar of proof for the police officer, but they do have a responsibility to explain it. Your Lafayette DUI attorney has a responsibility to make the inquiry.
Probable Cause: A Key Factor in DUI Arrests
People may not realize it, but they are not obligated to cooperate with the request to participate in a field sobriety test. Police officers need probable cause to insist on it–such as alcohol on the person’s breath or an admission by the driver they’ve been drinking.
Without probable cause or without the willing cooperation of the driver, a BAC test cannot be administered. An illegal test is not admissible in court. And in a case like a DUI, that means the prosecution’s evidence has been thrown out.
Even if the test was legally administered doesn’t mean it gave an accurate reading. The Law Office of J. Bradley Cockrell will keep digging and make sure the authorities did their work correctly. Call today at (337) 448-4777 or contact us online to set up a consultation.
Questioning the Accuracy of Breathalyzer Tests
Breathalyzer instruments have maintenance requirements to ensure they deliver accurate readings. Our Lafayette DUI defense lawyer can work to ensure those maintenance steps were followed. Otherwise, the accuracy of the reading can at least be cast into question. Certain types of foods- can trigger a higher reading than is really accurate. So can certain medications and conditions, such as acid reflux. We’ll explore every possibility and make sure the breath test was accurate.
Ensuring the Integrity of Blood Test Results
A blood sample has strict chain of custody requirements. Every person who handles the sample must document doing so. If this isn’t maintained, the validity of the blood test is in doubt. There are also storage requirements–samples not maintained in the right environment can ferment and give inaccurate readings. Our attorney can insist that records documenting chain of custody be produced.
Choose a Proven Lafayette DWI Defense Team
We know that it can be a scary time when facing DUI charges. The possibility of jail time, even if just for 10 days on a first offense can be everything from humiliating to damaging to one’s work and family life. If this isn’t a first offense, the penalty can be even more severe.
Don’t give in. Give us a chance to fight for you. Call the Law Office of J. Bradley Cockrell at (337) 448-4777 or contact us online to set up a consultation.
wHY cHOOSE uS?
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Nearly 30 Years of ExperienceHiring an attorney is the biggest bet you can make when it comes to your case and it's important that you hire someone who has the experience to get the job done right.
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Prepared to Go to TrialHaving successfully handled countless cases in court, our attorney knows how to read the prosecution and call their bluff.
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A Proven Track Record of SuccessWe don't fold under pressure. We fight aggressively for our clients in order to achieve the best possible outcome. Our history of results proves that.
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Straightforward ApproachWe don't sugarcoat things or beat around the bush. We tell our clients the truth about their situation and the solutions we can pursue with them.
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Drug Distribution
Defendant was arrested and charged with Possession with Intent to Distribute Marijuana as well as Possession of Drug Paraphernalia.
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DWI
Defendant stopped at 3:00 am for red light violation and arrested for operating under the influence.
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2nd Degree Battery
Defendant was charged with 2nd degree battery for attacking the complainant with a metal pipe at a construction site.
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Attempted 2nd Degree Murder
Defendant was accused of hiring someone to kill his ex-wife. Defendant’s ex-wife was shot by the individual that broke into her home.
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OWI
Defendant was charged with OWI after blood test results showed a .34 blood alcohol level.
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Computer Aided Solicitation
The defendant was charged with using his computer to entice a person under the age of 18 to engage in sexual conduct.
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Possession With Intent to Distribute Cocaine
Defendant was charged with possession with intent to distribute cocaine.
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Indecent Behavior With a Juvenile
Defendant was charged with indecent behavior with a juvenile when his girlfriend’s 8-year-old daughter made allegations against the defendant.
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Indecent Behavior With a Juvenile
Defendant was charged with indecent behavior with a juvenile when his girlfriend’s 8-year-old daughter made allegations against the defendant.
What to
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What should I do if I’m arrested?
The most important thing to know after an arrest is what not to do. An arrested person should not talk with the police. They should not make casual small-talk in an attempt to be friendly. They should not submit to questions about the alleged crime until their lawyer is present. That leads us to the first concrete action an arrested person should do, and it's to call their attorney.
The U.S. criminal justice system offers arrested people and defendants a lot of rights, but those rights often have to be exercised. A person has the right to remain silent and has the right to a lawyer. They should use both. The Law Office of J. Bradley Cockrell can be reached at (337) 448-4777. Use the phone wisely.
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Why do I need a lawyer if I’m innocent?
The harsh reality is this–innocent people do end up being found guilty in courts. Innocent people can be subjected to pressures and say thing that end up being misinterpreted. Innocent people can certainly be subject to scare tactics from a prosecutor and plead guilty to a lesser crime they did not commit in exchange for the D.A. not pressing more serious charges.
An experienced defense lawyer will know when the authorities have real evidence and when they are bluffing. An experienced attorney knows how to navigate an interrogation. Attorney J. Bradley Cockrell is just such an experienced attorney.
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CAN CHARGES BE REDUCED?
Charges can be reduced, although it typically happens through a process called plea bargaining. This is where the defendant is offered lesser charges in exchange for a guilty plea. As noted above, this is something that defendants are strongly advised to rely on an experienced attorney.
The offer of a plea deal may be a tacit admission from a District Attorney that they don’t have enough evidence to get a conviction on anything. Or it might be a legitimate offer asking a defendant they believe they can convict for information that might lead to arresting a more dangerous and influential person. A plea offer may also be a reflection of a D.A. with a heavy caseload and looking to find ways to manage it.
Experienced defense counsel can be invaluable in helping a defendant sort through the range of possible motives and evaluating whether a plea offer is best for them.
