What To Do At DWI Traffic Stop in Louisiana

As an experienced DWI defense attorney in New Orleans, Louisiana, I am often asked what one should do when stopped at a DWI checkpoint.

When stopped at a DUI checkpoint in Louisiana, officers will likely ask you the following questions:

Have you been drinking today?

Remember, everything you say and do is likely being recorded by audio or video, or will be written in the police report. The correct answer is always, “No,” not, “I drank two beers.”

What if I am ordered to get out of my vehicle?

You must exit the vehicle. If you do not, you will likely be arrested. Be sure to stand straight up, hands out of your pockets. Do not lean on your car. If you are sober, act sober. If you are not sober, act sober, not casual or relaxed.

What if I am ordered to take a field sobriety test?

Refuse the test by politely declining, saying, “No, thank you, I would prefer to not do that.” Do not walk, do not talk, do not “follow my finger.” There is nothing to be gained here, and plenty to lose if you “fail.” You are not legally required to take any field sobriety tests. Most officers have already decided to arrest you when they administer a field sobriety test, they are only searching for additional evidence to use in court. The results of the test are completely subjective to the interpretation of the officer.

What if I am ordered to take a breath test?

You cannot legally refuse to take a breath test. Refusing may results in automatic suspension of your license. If you are sober, submit to the breath test. If given a choice, choose the more-accurate blood test. If you are not sober, we still do not recommend taking the breath test, regardless of the consequences.

If I test over the legal limit, does that mean I’m guilty?

You are not yet guilty. All sobriety tests are merely evidence against you and not conclusive proof that you violated the law.

If you have been charged with a DWI after being stopped a DWI checkpoint in Louisiana, contact an experienced DWI attorney right away. There are many factors we can consider when planning your defense. This includes the conduct of officers, the accuracy of the test and the administration of the test, as well as timing of the test.