Drunk driving is a serious offense that can result in harsh punishments and is considered a criminal offense under Louisiana law. If you have been charged with a DWI, you will need an experienced criminal defense attorney to help you protect your rights. One method by which you can defend yourself against the prosecution is to challenge the legality of the police stop that led to your charges. Challenging the prosecution’s case may involve questioning whether the stop was lawful or if the evidence was properly obtained. You may be able to argue that the police officer lacked probable cause to detain you in the first place, or the officer made serious procedural errors during your stop that caused any evidence to be inadmissible in court.
As you prepare to defend yourself in a DWI case, you should not hesitate to obtain proper legal representation. A DWI conviction can seriously affect your future; a DUI charge under Louisiana law can result in severe consequences, including fines, license suspension, and even jail time. Therefore, you need a skilled attorney who understands the nuances of DWI cases and the specific requirements of Louisiana law. At John D. & Eric G. Johnson Law Firm, our criminal defense attorneys have successfully defended countless clients against DWI charges.
DWI Charges in Louisiana
In Louisiana, many people find themselves with a DWI arrest and facing DUI charges after being stopped for displaying reckless driving behaviors or as a result of a DWI checkpoint. Sobriety checkpoints are legal in Louisiana, and police officers may detain a driver who exhibits reckless driving behavior and conduct a sobriety test. Police officers often use breathalyzers and field sobriety tests to determine if a person’s BAC (blood alcohol concentration) is above the legal limit before making an arrest.
Drunk driving is a very serious offense, and the state will punish drivers who have a BAC over the legal limit. For a first offense, possible penalties include jail time of up to six months, a fine of up to one thousand dollars, and license suspension. Repeat DWI offenders face even harsher punishments. For example, the first two DWI offenses are classified as misdemeanors, but the third DWI offense escalates to a felony. Penalties for repeat offenses can include longer jail time and a longer driver’s license suspension.
Louisiana courts may offer diversion programs for first-time offenders who have no prior criminal record. These diversion programs can include requirements such as community service, counseling, and regular testing, helping eligible individuals avoid traditional prosecution and incarceration.
If you have been charged with a DWI, you need the help of an experienced criminal defense attorney to raise any relevant defenses in your case.
DWI Checkpoints and Police Stop Procedures
DWI checkpoints, also known as sobriety checkpoints, are locations where law enforcement officers briefly stop vehicles to identify and deter drunk driving. These checkpoints are often set up in areas with a history of alcohol-related incidents, especially during weekends or holidays when impaired driving is more common. When you approach a DWI checkpoint, it is important to remain calm and follow the instructions given by the police officer.
At the checkpoint, a police officer will typically ask for your driver’s license, vehicle registration, and proof of insurance. You may also be asked a few routine questions about your recent activities or destination. If the officer observes any signs of impairment—such as slurred speech, the smell of alcohol, or erratic behavior—you may be asked to step out of your vehicle for a field sobriety test or a breathalyzer test. These initial assessments help law enforcement officers determine whether further investigation is necessary.
Throughout the process, remember that you have the right to remain silent beyond providing your basic information. If you are unsure about any part of the procedure, you can politely request legal representation before answering further questions. Understanding the standard police procedures at DWI checkpoints can help you protect your rights and respond appropriately if you are stopped.
Understanding Your Rights During a DWI Stop
Knowing your legal rights during a DWI stop is essential for protecting yourself and ensuring that law enforcement officers follow proper procedures. First and foremost, you have the right to remain silent. Beyond providing your name, address, and other basic information, you are not required to answer questions about where you have been or whether you have consumed alcohol. Politely exercising your right to remain silent can prevent you from inadvertently incriminating yourself.
If a police officer asks you to perform a field sobriety test or take a breathalyzer test, you have the right to refuse. However, under Louisiana’s implied consent law, refusing a breathalyzer test can result in the automatic suspension of your driver’s license, even if you are not ultimately convicted of a DWI. It is important to weigh the consequences of refusal and, if possible, consult with legal representation before making a decision.
Police officers must have reasonable suspicion to detain you for further questioning or testing at a DWI checkpoint. If you are arrested, you will be read your Miranda rights, which include the right to remain silent and the right to an attorney. If you are taken into custody, it is crucial to request legal representation immediately and avoid answering any questions until your attorney is present. By understanding and asserting your rights, you can help ensure that your case is handled fairly and that your constitutional protections are upheld.
Defending Against DWI Charges by Challenging the Police Stop
In your DWI case, your attorney may decide that challenging the initial police stop is one of the most common defenses used to fight DWI charges. Challenging the legality of the traffic stop is a frequent legal defense, as improper or unconstitutional stops can lead to evidence being suppressed.
There are various aspects of a police stop that can be challenged, most of which are procedural in nature. The following defenses may apply when challenging the police stop in your DWI case:
- No Probable Cause at the Initial Stop: The officer lacked sufficient probable cause to justify the initial stop in the first place. If you can prove that the stop was unlawful, the evidence found during the stop could be deemed inadmissible in court.
- Stop Based on Minor Traffic Violation: Police may initiate a stop for a minor traffic violation, but if there is no reasonable suspicion of impaired driving, this can be challenged as a defense.
- Clear Violation of Constitutional Rights: If there is a clear violation of your constitutional rights, including your Fourth Amendment and Fourth Amendment rights against unreasonable searches and seizures, any evidence obtained may be suppressed.
- Improper Handling or Collection of DWI Evidence: Issues with the collection or handling of DWI evidence, such as improper administration of chemical tests, breath tests, or blood tests, can result in evidence being excluded from the prosecution’s case.
- Search Warrant Issues: In certain circumstances, such as a blood draw, law enforcement may be required to obtain a search warrant. Failure to do so can make the evidence inadmissible.
- Not Being Read Miranda Rights / Custodial Interrogation: During every single arrest, a police officer is required by law to read the arrestee their Miranda rights to avoid self-incrimination. If the officer never read you your Miranda rights during a custodial interrogation, then anything you said during the arrest will most likely not be admissible as evidence.
- Improper Field Sobriety Test: Police officers conduct field sobriety tests when they suspect a person has been driving under the influence of alcohol. Unfortunately, such tests are often subjective, and an officer may not properly judge a suspect’s sobriety due to the suspect’s underlying medical condition.
- Rising BAC: A person’s BAC can rise after they have stopped drinking because the bloodstream continues absorbing alcohol. You may have gotten behind the wheel while your BAC was under the legal limit, but your BAC could have risen during the duration of the stop.
When it comes to checkpoints, the legality of sobriety checkpoints, DUI checkpoints, and Louisiana DWI checkpoints is often challenged, and drivers have specific rights at these stops. Law enforcement uses these checkpoints to identify drunk drivers, and you are typically required to present your driver’s license.
Police procedures also involve implied consent laws, which require drivers to submit to chemical testing—such as chemical tests, breath tests, or blood tests—if suspected of DWI. Refusal to comply can result in license suspension.
An experienced criminal defense attorney can provide aggressive representation to protect your constitutional rights, challenge the prosecution’s case, and use legal defense strategies tailored to your situation. If evidence is suppressed due to constitutional violations, this can lead to case dismissal.
Legal standards for these procedures are shaped by Supreme Court decisions, which define the legality of checkpoints, evidence collection, and the protection of your rights.
Contact John D. & Eric G. Johnson Law Firm to Discuss Your DWI Case Today
DWI cases should not be taken lightly. If you have been arrested and charged with a DWI or DUI case in Baton Rouge or the surrounding areas, a skilled criminal defense attorney can help you identify and raise strong defenses that are relevant to your case. We offer a free consultation to discuss your DUI case and provide guidance on your legal options.
Our attorneys are aggressive litigators, and we will work hard to defend you against the prosecution. John D. & Eric G. Johnson Law Firm has extensive experience handling DUI cases in Baton Rouge. Reach out to us today by filling out our contact form or by calling (318) 377-1555.