DUI (driving under the influence) or DWI (driving while intoxicated) cause a huge amount of accidents every year in the United States. Impaired driving is the number one cause of all the accidents on the road, as well as the most fatalities. In 2015, over 10,000 died in an alcohol-impaired driving crash, which is about 30% of all traffic-related deaths. Taking into account that there are many other reasons for traffic crashes, like drowsy driving, bad visibility, wrong way driving, etc., 30% is an enormous amount for only one cause, which makes DUI a serious problem.
Surprisingly, the risk of being involved in a crash is higher for young people than for older people at all levels of blood alcohol concentration. Moreover, out of all fatal DUI crashes, nearly 3 drivers in 10 were between 21 and 24 years old. This makes sense when you realize that most car crashes, especially alcohol-impaired crashes, happen late in the evening on weekends, when people drive home from parties and when the visibility is at its worst. Driving alone is a task that requires a lot of concentration and attention: you have to keep an eye on your surroundings and control a vehicle at the same time in order to avoid any adversities. That is why alcohol and other substances have this kind of a terrible impact on a driver: they make him/her less attentive due to the relaxation and loss of judgment, which is why the driver is not able to concentrate on the road and perform multiple tasks at the same time. In cases of bad intoxication, the driver might even have loss of muscle control and reduced coordination, as well as reduced capacity to process information.
All in all, driving under the influence is a terrible problem of negligence with possible irrevocable consequences. If you have been arrested for DUI, you should hire a DWI lawyer as soon as possible, so that it is possible to mitigate the consequences for your future.
What Does the Court Pay Attention to?
If you have been arrested for driving under the influence, especially if it has resulted in personal injuries or fatalities, your case will most probably be taken to court. Based on the severity of those consequences, you will be punished according to the court’s decision. Louisiana is a “fault” state, which means the faulty driver will be the one responsible for the damages caused. So if you were considered to be at fault for the accident, you would have to pay a fine and spend some time in jail, as well as pay compensation to the plaintiff for the personal injuries and property damage.
In the state of Louisiana, courts use the comparative fault method when trying to determine your punishment. This means that if a few people are involved in an accident, the driver that is most faulty will have to pay compensation to the rest, while he/she will not get anything. However, the compensation of the other parties will be reduced in proportion to their fault.
For example, if Andy and John are involved in a car accident, and John is considered faulty by 60%, while Andy is only 40% at fault, John will have to pay for 60% of Andy’s damages.
Now you might be interested in what the court pays attention to when it comes to calculating the faultiness of an impaired driver. The answer is: there are many factors. Your previous criminal records will be taken into account very attentively. If you have any record of driving under the influence, that will definitely affect the court’s decision negatively. The extent to which you were impaired will also be taken into consideration, more particularly: whether or not your BAC was over 0.15. Witness’ testimonies, video recordings, etc. will also play a big role.
The law is pretty complicated in general, so if you are arrested for impaired driving, it is in your best interest to hire a local DWI attorney, who will be well-familiar with the state laws.
How Can a DUI Lawyer Help?
Whether or not your DUI consequences were serious, any kind of criminal record can affect your future life. Particularly in Louisiana, you might have trouble with getting into college, receiving financial aid, finding a place to live or a new job. Clearly, driving under the influence can have a significant impact on both your and others’ lives.
If you were arrested for driving under the influence in Louisiana, contact a local DWI attorney immediately. A local DWI lawyer who is familiar with the state laws and has experience in the field will be able to guide you through the overall process and mitigate the punishment maximally. A DWI lawyer will also provide you with the necessary knowledge for you to make well-informed decisions.
So if you or your relatives have been arrested for DWI in New Orleans, Louisiana, contact us to get a free case evaluation.