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Evidence of DUI in Louisiana

Generally, all observations made by the arresting police officer at the time of the arrest are admissible. This includes the videotape of the traffic stop from the police officer’s dashboard camera, erratic driving, physical evidence of the presence of alcohol in the vehicle, slurred speech, and a chemical blood test, among other things. If the driver refuses to take a chemical test, evidence of the refusal is admissible in court and will almost always be used to establish that the driver was actually driving and intoxicated.

In Louisiana, some forms of evidence that are inadmissible include improperly administered chemical tests and any results from an unapproved, unlicensed, or expired breath test operator. The results from a portable breath test are not admissible in Louisiana. Failure to conduct an observation period, the time where the driver is observed prior to a chemical test in order to ensure that he/she does not consume anything that may alter the test results, will cause the test results to be inadmissible in court. In addition, if the arresting officer had no reasonable suspicion or probable cause to stop the driver or to arrest, any evidence that was obtained from the traffic stop or arrest would be inadmissible.

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