Implied Consent

New Orleans DUI/DWI LawyerBlood alcohol content plays a very important role for a judge or jury in assessing a driving while intoxicated (DWI) case. This is the reason why the Louisiana Legislature has passed the Implied Consent Law. This law provides that if a person refuses to comply with a police officer’s request to use a breathalyzer test, then you can face an automatic license suspension imposed by the Department of Motor Vehicles. A breathalyzer is a device for estimating blood alcohol content from a breath sample. Breath analyzers don't directly measure blood alcohol content or concentration, which requires the analysis of a blood sample. Instead, they estimate BAC indirectly by measuring the amount of alcohol in one's breath. Louisiana Revised Statute 32:661 states “That any person, regardless of age, who operates a motor vehicle upon the public highways of this state shall be deemed to have given consent to a chemical test or tests of his blood, breath, urine, or other bodily substance for the purpose of determining the alcoholic content of his blood, and the presence of any abused substance or controlled dangerous substance in his blood if arrested for any offense arising out of acts alleged to have been committed while the person was driving or in actual physical control of a motor vehicle while believed to be under the influence of alcoholic beverages or any abused substance or controlled dangerous substance.” This statute holds the key for the Implied Consent Law.

What an Experienced Louisiana DUI/DWI Attorney Can Do

If you decide to take the breathalyzer test and fail it you will be arrested and go to jail. This is a very horrific experience. However, there are things in which an experienced DUI/DWI attorney can do to try and defend against such a charge. These breathalyzer machines are not perfect and can be wrong due to human error. The Cardone Law Firm has the experience and resources necessary to defend against these charges. We can hire an expert to poke holes in the breathalyzer’s results and defend against the charges. There are ways in which we can defend a client by arguing the following:

1. Calibration: Most breathalyzers require recalibration at least once a year to maintain accuracy. If the breathalyzer has not been recalibrated in some time, it might give a false reading. We will be able to get the information regarding the use of the breathalyzer machine on our client and will punch holes in the charges against them.
2. Interfering Substances: There are non-alcoholic substances that can contribute to a false reading. Specifically, people who are diabetic can have high levels of a certain chemical called acetone that the breathalyzer may read as alcohol.
3. Mouth Alcohol: The breathalyzer can only detect traces of alcohol in your breath, not alcohol in your system. Although the assumption is that the alcohol it is detecting represents the alcohol in your blood, you may have higher traces of alcohol in your mouth, which can contribute to a false reading. Different substances will lead the breathalyzer to have this incorrect reading and we will do all that is necessary to defend our clients.
4. Blood Test: A quick thinking client can always request a blood sample to determine true ‘blood alcohol content’ shortly after his/her arrest. This test may indeed produce a different result that can be used at the DUI/DWI trial.

Who We Can Help

With an office located in New Orleans, the Cardone Law Firm provides legal services for the entire State of Louisiana including Ascension Parish, Donaldsonville, Assumption Parish, Napoleonville, Baton Rouge, Jefferson Parish, Estelle, Gretna, Harvey, Kenner, Marrero, Metairie, New Orleans, Terrytown, Westwego, Lafayette Parish, Lafourche Parish, Thibodaux, Livingston Parish, Orleans Parish, Plaquemines Parish, Belle Chasse, and St. Charles Parish.

Why the Cardone Law Firm?
A person who just received a DUI/DWI needs an experienced attorney who can defend their rights in the courthouse and lead them correctly through the legal process. Cliff Cardone is that experienced attorney. Mr. Cardone has nearly 40 years of experience in handling these types of cases. He has sat an Ad HOC Traffic Court Judge for almost 20 years and knows the Traffic Court System as a former prosecutor, Judge, and defense lawyer. If you have been arrested, Phone Cardone at 504-522-3333 for a free in person consultation. The Cardone Law Firm will vigorously fight for your rights and get the best possible results for your case.

---