Fall in Louisiana brings football, festivals, and cooler weather. It also brings an unfortunate reality: an increase in law enforcement roadside checkpoints, especially during holiday weekends and celebratory events. If you're a Louisiana driver, it's crucial to understand your rights and how to protect yourself. Being prepared is your best defense.
The Aggressive Stance: Know Your Rights at a Checkpoint
Louisiana law enforcement is within its rights to set up checkpoints to ensure public safety. However, they are not allowed to violate your constitutional rights. You have the right to remain silent. When an officer asks if you've been drinking, you can politely decline to answer. You are required to provide your driver's license, vehicle registration, and proof of insurance, but you are not obligated to offer information that could be used against you. Remember this: your silence is not an admission of guilt. It's a fundamental right.
Navigating the Field Sobriety Test and Breathalyzer
If an officer suspects you're impaired, they may ask you to perform a Standardized Field Sobriety Test (SFST) or a portable breathalyzer test. You are not legally required to take the SFST, and it's important to understand why. These tests are subjective and can be failed for many reasons unrelated to intoxication, such as poor balance, medical conditions, or even improper footwear. A simple refusal can be a powerful move.
Louisiana is an implied consent state, which means that by driving on the roads, you have implicitly consented to a chemical test (like a blood or breath test) if you are arrested for a DUI. Refusing this test after an arrest can result in an automatic driver's license suspension. While it may seem like a difficult choice, it's a decision with significant legal ramifications. An experienced attorney can help you determine the best path forward based on your specific situation.
The Reassuring Defense: What Happens After an Arrest?
Being arrested for a DUI in Louisiana can be a terrifying and confusing experience. The legal process is complex, and the penalties are severe, including fines, jail time, and license suspension. This is not a battle you should fight alone. The moment you are taken into custody, the clock starts ticking on critical deadlines. Evidence needs to be examined, and a strong defense strategy must be built. The sooner you act, the more options you'll have.
Be Proactive, Not Reactive: DUI Defense in Baton Rouge
The best way to handle a DUI charge is to avoid one in the first place by not drinking and driving. But if you find yourself on the wrong side of a DUI charge, you need an aggressive and experienced team on your side. Don't let a momentary lapse define your future.
If you have been arrested for a DUI in Louisiana, contact Pierce & Shows immediately. We are ready to fight for you. Call us today at (225) 320-8050 for a confidential consultation.