Legal Question in DUI Law in Louisiana

BAL under .08, DUI and careless operator

After a night drinking, I returned to my apartment late at night, slept for a few hours, and got up and went to get breakfest at McDonalds. On the way back to my apartment, I swerved too hard out of the way of an oncoming car and crashed into three parked cars on the shoulder of the road.

The officer who reported to the scene made me try to follow his pen with my eyes and then put me in the back of his car. I was not allowed to get anything from my vehicle and it was towed. Luckily, I was able to give my insurance information to the people who's cars I'd hit before the cop got there. He did not return my insurance information to me.

He took me to the police station and I agreed to blow. I blew a .072 and he wrote me a ticket for DUI and careless operation.

I'm not sure what to do, what the difference between a DUI and a DWI are, and why I was ticketed if my BAL was below .08. The office would not answer any of my questions.

Thank you for any information.


Asked on 9/29/04, 2:45 pm

1 Answer from Attorneys

Andrew Casanave Andrew M. Casanave

Re: BAL under .08, DUI and careless operator

A person can be charged with DWI with a BAC below .08. There may be defenses to your case. Consult an attorney.

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Answered on 9/29/04, 6:33 pm


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