You’re not helpless at a Louisiana DWI checkpoint. You still have several rights that police officers cannot infringe on, such as the right to remain silent, refuse a vehicular search, and even refuse a field sobriety test. While officers may attempt to intimidate or otherwise trick you into complying, you can stand firm.
If you face arrest after invoking your rights at a Louisiana DWI checkpoint, don’t panic. Eric G. Johnson of John D. & Eric G. Johnson Law Firm is on your side. He can help you challenge the charges brought against you and point out police officers’ bad-faith checkpoint tactics.
Your Right to Remain Silent at a DWI Checkpoint
You do not have to provide police officers with incriminating information at a DWI checkpoint. However, make sure you clarify that you are invoking your right to remain silent if you’re pulled over. If you attempt to remain silent without clarifying that you’re invoking your right, officers may attempt to charge you with belligerent or refusal to cooperate.
Once you invoke your right to remain silent, do not say anything. If you have to say anything, we recommend that you request an attorney in clear and precise terms. None of this behavior makes you look like you have something to hide, no matter what police officers say. If you remain silent, you prevent yourself from presenting officers from accessing incriminating information that they may otherwise use to arrest you.
Your Right to Refuse a Search at a DWI Checkpoint
You have as much of a right to refuse officers access to your car as you do to remain silent at a checkpoint. Officers may not search your vehicle or belongings without a search warrant. You have the right to ask officers if they have a warrant and subsequently deny them access to your property if they do not. If you do refuse officers access to your car or person, make sure you do so respectfully.
However, there are some exceptions that may allow officers to access your car. For example, if you get into an accident, officers may go through the contents of your vehicle and your person. You can still contact an attorney during or after this process to request any representation you may need.
Your Right to Dictate Controlled Searches at a DWI Checkpoint
If you do feel comfortable allowing a police officer to search your vehicle, it’s important to remember that you can control what areas of your vehicle officers search. This process is known as your right to a dictated, controlled search.
Be wary of the plain sight doctrine throughout this process – if officers spot illegal paraphernalia or open containers, they may have the right to go beyond the areas you’ve allowed them to search.
Your Right to Leave a DWI Checkpoint
Last but not least, you have the right to leave a DWI checkpoint if you are not actively under arrest. Before you drive off, make sure you verify that you’re not being detained or otherwise under arrest. You can specifically ask attending officers if you’re free to go. If an officer says no, make sure you ask whether or not you’re being charged and what those charges are. If an officer can’t answer you, ask to leave again.
Officers who clarify that you’re not being detained cannot stop you from leaving a checkpoint. With that being said, make sure you keep your questions about your right to leave as polite as possible. You do not want to antagonize an officer into creating a temporary charge to bring against you.
John D. & Eric G. Johnson Law Firm Can Help Defend Your Rights
Louisiana police officers can often become overzealous at the state’s DWI checkpoints. So long as you know your rights, you can fight back in the face of that mistreatment. Eric G. Johnson of John D. & Eric G. Johnson Law Firm can point out police officers’ inappropriate conduct if your efforts to invoke your rights result in your arrest.
You can count on our team to defend your rights. We have years of experience protecting innocent parties who’ve had their rights challenged by area police. If you’re ready to learn more about your DWI checkpoint rights, or if you need to request representation, you can contact Attorney Johnson today. Call (318) 377-1555 or reach out online now.