A charge of drunk driving is a serious charge and for good reason. Someone who has been drinking or taking illegal drugs before climbing behind the wheel will not be able to control the car as successfully as a sober person. This means the drunk driver could cause an accident.
For this reason, the penalties related to driving while intoxicated (DWI) for first-time offenders are harsh, per Louisiana Revised Statutes (RS) §14:98.1. The penalties become even more severe for someone who has multiple DWI arrests.
If a drunk driver hit you and caused personal injuries, you may want to retain the Morris Bart law firm to protect your right to seek compensation for your personal injuries. A Baton Rouge driving while intoxicated lawyer is ready to stand by your side and help you pursue compensation for your damages. Call us at (225) 341-5694 today.
Understanding Driving While Intoxicated Laws in Louisiana
Per Louisiana RS §14:98, a driver who has a blood alcohol concentration (BAC) of 0.08% or greater could be charged with DWI. For someone younger than the legal drinking age of 21 in Louisiana, he or she could be charged with DWI with a BAC of 0.02% or greater.
If officers who arrive at the scene of the DWI accident suspect that the other driver is under the influence, they will use a series of sobriety tests to determine whether to issue a ticket.
If the driver who caused the injury accident is ticketed for driving while intoxicated, this can be a key piece of evidence in your personal injury lawsuit. If the other driver had a BAC significantly over 0.08%, his or her penalties may be more severe, which would further strengthen your claim that the other driver was behaving negligently.
Count on Us to Investigate Your Accident Case
A Baton Rouge driving while intoxicated lawyer can help you show that the facts in the case indicate the other driver was impaired. An impaired driver will have a lack of judgment while behind the wheel, which leads to risky driving behaviors that could put others on the road in significant danger.
Additionally, a driver who is drunk or high may have difficulty judging distances to objects. This explains why many drunk drivers are involved in rear-end accidents. The intoxicated driver misjudged the distance to the stopped car ahead, meaning the other driver may hit your car from the back at a high rate of speed.
If you retain the Morris Bart law firm to defend your right to seek compensation, we will be ready to present your side of the case. After someone else’s negligence caused your personal injuries, you have the right to seek a fair settlement for your pain and suffering, medical bills, and a reduction in quality of life. Call us at (225) 341-5694 today for a free consultation.
For a free legal consultation with a Driving While Intoxicated lawyer serving Baton Rouge, call 800-537-8185
Proving Liability in a Baton Rouge DWI Accident
Even though it seems clear that the driver who caused your accident had been drinking, the police may not find enough evidence to issue a DWI ticket. Perhaps the driver was able to pass the field sobriety tests. Perhaps the driver’s BAC measurement at the scene was below 0.08%, meaning he or she was not at the threshold for a DWI charge in Louisiana.
However, you still have plenty of options to show that the at-fault driver’s alcohol consumption played a key role in the accident.
Other Traffic Tickets
If the police officers gave the driver a traffic ticket for an infraction other than DWI, you can use this information to show recklessness or negligence on the part of the at-fault driver.
If the other driver was speeding, changing lanes illegally, or making an illegal turn, any of these traffic infractions would show a mistake on the part of the other driver. Had the driver not committed these infractions, the accident may never have happened, which shows a level of negligence on the driver’s part.
Interviewing Witnesses to the Accident
You and your driving while intoxicated attorney can attempt to show that the other driver had been drinking or taking drugs before the crash. And even though the driver did not hit the illegal level of BAC, even a small amount of alcohol could impair the driver’s ability to make the proper choices while driving.
We can interview witnesses to show where the driver was and what he or she was doing prior to the accident.
The Difference Between DWI and DUI in Louisiana
In the state of Louisiana, DWI is the official description for drunk driving. However, DWI and driving under the influence (DUI) are terms that are often used interchangeably, even though the latter typically refers to being under the influence of a drug or substance.
State law does not treat alcohol or drug use any differently in a DWI case. The BAC tests can measure both types of substances, determining the level of impairment a driver may have.
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A Baton Rouge Driving While Intoxicated Attorney Can Help You Pursue Compensation
Regardless of whether the driver who hit your car received a DWI ticket or not, it is still possible to use the fact that the other driver had been drinking or taking drugs before climbing behind the wheel to show that the other driver was acting in a negligent manner. This negligence or recklessness is a key proof point for you when trying to pursue an award of compensation in a personal injury claim.
A Baton Rouge driving while intoxicated lawyer from the Morris Bart law firm will have your best interests in mind. We understand just how much a personal injury suffered at the hands of a drunk driver can change your life and your family’s lives.
We have 15 offices where we represent accident victims, including our Baton Rouge office and offices throughout Louisiana, Mississippi, Alabama, and Arkansas. We know how to represent your interests in negotiations with the insurance company, and we will stand by your side in court if need be. Call us today at (225) 341-5694 for a free consultation.
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