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DWI Stops, Checkpoints and Roadside Questioning

What about when you are asked,
"Have you been drinking today?"
Remember that everything you do and say is being recorded either by audio, video or will be written in a police report.

"NO" is always a right answer.
"I drank two beers." is always a wrong answer.

What if you are ordered
to get out of your vehicle?
You must exit your vehicle. Failing to comply will result in your arrest. Stand erect, hands at your sides, out of your pockets. Do NOT lean against your vehicle. If you are sober, be sober. If your not sober, ACT sober and not casual or relaxed.

What if You are ordered to take a
"Field Sobriety Test"?
REFUSE by Politely Declining, "No, thank you, I would prefer to not do that."

Simply stated: DO NOT WALK, DO NOT TALK, DO NOT FOLLOW MY FINGER (nystagmus test). There is nothing to be gained and plenty to lose.

The field sobriety tests (FSTs) used in Louisiana are heel-to-toe walk, one-leg stand, horizontal gaze nystagmus (they look at your eyes while using a pen light). Most officers will use a set battery of three tests. You are not legally required to take any FSTs.

Most police officers have made up their minds to arrest you when they give the FSTs; the tests are additional evidence to use against you in court. Your results on those tests are determined by the completely subjective interpretation of the officer.

What if You are ordered to take a
Intoxilyxer 5000 breath test.
Refusing to take a breath test results in a severe consequence, the automatic suspension of your driver's license.

Your First Refusal will get you a 180 day suspension with eligibility for hardship license after first 90 days.

Your Second Refusal will get you 545 days without eligibility for hardship license.

If you are sober because you have not consumed alcoholic beverages, submit to the breath test, and if given a choice, choose the more accurate blood test (less chance of a false positive).

If you are not sober, DO NOT TAKE THE BREATH TEST. Remember: trying to calculate how much alcohol you can consume, according to your sex, weight and while at the side of the road with the police lights flashing in your eyes, after having anything alcoholic to drink, is an absurd exercise in risk deliberation.

You tested over the legal limit,
does that mean you are guilty?

NO! Sobriety tests are merely evidence against you and not conclusive proof that you violated the law. There are many, many factors to consider when planning your defense, including the conduct of the police officers, the accuracy of the test and how it was administered, as well as the timing of the test. You will always have defenses to advance in all cases.

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