Lafayette OWI Lawyer

Lafayette OWI Attorney

Facing an operating while impaired charge is serious and requires immediate action. The consequences of an OWI can be severe and affect your future. To increase your chances of success, work with a Lafayette OWI lawyer to gain a better understanding of relevant laws and procedures for your case.

Chris Villemarette, Trial Lawyer, has strong ties to both Louisiana and Lafayette Parish. We are dedicated to helping individuals with our meticulous approach and attention to detail. Our reputation for excellence in a trial, during negotiation, and during mediation and appeals shows our commitment to justice for our clients. Through our immense preparation and high level of accuracy, we make sure that every client’s unique needs are met.

What Is Operating While Impaired?

The charge operating while impaired, or OWI, is used if an individual is operating a car or other vehicle while on a substance that can affect their decision-making ability, like drugs or alcohol. A vehicle does not have to be in motion for you to be found in operation, making an OWI different from other charges like DUIs and DWIs.

OWIs can also apply to other vehicles like motorcycles and boats. They’re meant to keep unsafe drivers off the road to help keep others safe.

Penalties for OWI Convictions

The consequences for receiving an OWI conviction can vary based on the exact blood alcohol content (BAC) of the driver and any other offenses or violations on their driving record. If anyone was hurt or killed because of the event, it could make the penalties more severe. Most OWIs carry fines, a suspension of your driver’s license, and potential jail time, particularly if you have committed a driving-related offense in the past.

Charges can increase if the BAC is unusually high or if there is a minor also in the vehicle at the time of the traffic stop. An OWI conviction can also result in increased insurance premiums and a long-term criminal record. This can limit your employment opportunities and your potential.

Potential Defenses Against an OWI Charge

There are several different defenses against an OWI charge. Some apply to certain cases more than others, depending on the details of each individual situation. Common arguments include things like:

• Unlawful traffic stops. Police must have a valid reason to stop a vehicle, or else any evidence they gather could be unable to be used in court. This reason is called probable cause. If the stop was not legally allowed, then the case could not have much strength for the prosecution.
• Faulty tests. Breathalyzer tests can be difficult to perform and require thorough calibration before the test is performed. Other tests, like field sobriety tests, can be quite subjective and depend on an individual officer’s interpretation. It’s also possible for these tests to be affected by weather conditions or human error, resulting in unreliable results. Proving their unreliability could be important for your case.
• Medical conditions. There are many medical issues that could physically alter your appearance or affect your medical State behind the wheel. Although it might look like a person is drunk, they could just be suffering from an ailment such as diabetes, acid reflux, or other disorders. This can be proven through medical records as well as testimony from a medical professional confirming the symptoms.
• Improper procedures. If you are arrested at the scene, officers are required to inform you of your rights. If they fail to do this, anything you say during the arrest might not be able to be used in court, which could work in your favor.

In addition to a strong defense strategy, witness statements can carry significant weight in an OWI case. A witness who saw you in the vehicle can confirm that you were not impaired or other details about the case that can create doubt in the prosecution’s evidence.

Our team uses the circumstances of your case to build a defense that is right for you. There is no one-size-fits-all strategy when it comes to defending OWI charges. Our team builds a defense that fits your needs.

FAQs

What Constitutes an OWI Charge?

An OWI charge consists of operating a vehicle while under the influence of drugs and alcohol. This is measured by using a breathalyzer test for blood alcohol level or by conducting a field sobriety test. OWIs are more focused on being behind the wheel of a vehicle than on driving. Even if the vehicle is not moving, it is still possible to receive a charge for an OWI if the individual is in control of it.

How Does an OWI Differ From a DUI or DWI?

An OWI is different from a DUI or DWI and depends on the State of the vehicle at the time of the arrest. A DUI or DWI is usually given to individuals on the road and driving while the vehicle is moving. An OWI charge can be assigned while the vehicle is not on and is in a public place like a parking lot. The exact differences between an OWI and a DWI or DUI depend on the jurisdiction.

Can I Refuse an Alcohol Test for an OWI?

While you can refuse an alcohol test for an OWI in Lafayette, LA, it might cause serious consequences. Most jurisdictions follow implied consent laws, which means that as a driver on public roadways, you are expected to comply if a law enforcement officer asks you to take a breathalyzer or other chemical tests. It is possible to receive a license suspension or get arrested due to refusing to take a breathalyzer test, depending on the situation.

What Are Some Defenses for an OWI Charge?

Some defenses for an OWI charge include how legal a traffic stop was. If the police did not have a valid reason to stop someone, then any evidence they gathered during the stop might not be able to be used in court. Another defense could include challenging the accuracy of a breathalyzer or other test since there are many procedures that are required to make sure the test is performed correctly.

Lafayette OWI Lawyer

With experienced assistance, you can fight back against an OWI charge. An attorney can help you through this difficult situation by providing the right information and support. Schedule a consultation with Chris Villemarette, Trial Lawyer, today to discuss your case and help develop a strong defense to protect your future.