DUI Checkpoints in Louisiana

 

DUI checkpoints in Louisiana occur year-round, mostly at night, early morning, and on weekends. Specific times of the year or locations might see an increased number of DUI checkpoints for reasons including:

 

• It’s over a holiday
• Proximity to a large sporting event where alcohol is served
• Area where numerous alcohol-related arrests or accidents have occurred
• A high number of alcohol-serving establishments are nearby

 

These checkpoints allow Louisiana police to stop vehicles and ascertain whether or not any people are driving while intoxicated. Due to the checkpoints’ high-visibility nature, they are seen as more than just a way to catch and arrest drunk drivers; officials believe that they also keep people from drinking and driving in the first place, by making them believe there is a higher chance of them getting caught if they do it.

 

Louisiana DUI Checkpoints Are Legal?

 

Nationally, DUI checkpoints were ruled legal under the Constitution by the U.S. Supreme Court in the 1990 Michigan v. Sitz case. They determined that the checkpoints did not amount to an illegal search and seizure under the Fourth Amendment because their sole purpose was to deter DUI, which was in the public interest. In short, while the checkpoints were an intrusion on our lives, they should be considered a justified intrusion.

 

Not everyone agrees with this ruling. A number of legal experts call it “the DUI exception to the Constitution,” and 11 states have subsequently outlawed DUI checkpoints, saying that they are against their state constitutions.

 

In large part, it comes back to the Fourth Amendment and the question of whether or not DUI checkpoints represent an illegal search and seizure. The U.S. Supreme Court said they did not, but this was based on the checkpoints only being used to detect DUI. Unfortunately, that is not how they are used in practice. Completely unrelated violations such as tinted windows, defective tail lights, out-of-date registrations, and expired driver’s licenses are often cited too, and each one has an attached fee that brings in revenue to the local government. Essentially, governments are profiting off of the supposed attempt to stop drunk driving.

 

And even taking the issue of legality out of the equation for a second, studies have shown that DUI checkpoints are less effective than roaming patrols at finding and arresting drivers who have been drinking.

 

None of this matter currently in Louisiana, however, where DUI checkpoints are considered legal. If you are stopped, you must comply with the rules.

 

If You Are Stopped at a Louisiana DUI Checkpoint

 

• Come to a complete stop
• Roll down your window so you can speak with the officer
• Have your license and registration ready
• Remain calm, and stay polite and respectful
• Keep your hands visible and make no sudden movements
• Only answer questions pertaining to your identity

 

That last bullet point is probably the most important one. A police stop can be an intimidating experience, and officers have been trained to get the information out of you that they want, making resistance difficult. Keep in mind, however, that the only information you are legally required to provide at a DUI checkpoint is your name, address, license, and registration. For all other questions, especially those related to whether or not you’ve been drinking and how much, politely decline to answer. You are required to exit your vehicle if the officer asks you to do so, but even then, keep your mouth shut. If need be, ask to speak to an attorney.

 

If the officer asks you to take a field sobriety test, which involves a series of balance and coordination exercises, tell them you do not wish to do that. It’s not something you legally have to do, and many DUI lawyers in Louisiana will tell you that they believe this test is designed for you to fail. All you are doing by refusing is limiting the evidence they have against you.

 

If You Are Arrested at a Louisiana DUI Checkpoint

 

As soon as you reach the police station, ask for a lawyer and stop answering questions. Talking to the police at this point will do you more harm than good.

 

If they haven’t asked you to take one already, you will probably be asked to take a blood or breath test to determine your blood alcohol level. You can refuse to take these tests, but it comes with severe consequences. The first time you refuse, your license is automatically suspended for 180 days. If you refuse again, you will receive a 545 day license suspension and won’t even be allowed to apply for a hardship license.

 

Even if you fail the test, taking it might still be a better option, because as any experienced Louisiana DUI lawyer will tell you, BAC make errors all the time. Your high reading could have happened due to poor calibration of the machine, improper usage, differences in your body’s physiology, or a number of other reasons.

 

If you want to go over your options and start planning a defense for your Louisiana DUI charge, contact an experienced Louisiana DUI attorney today and get someone on your side.