You have probably encountered a DWI checkpoint if you have driven on the highway on a holiday. DWI checkpoints are usually recognizable from a distance, and some drivers may wish to avoid such an inconvenient stop. In Louisiana, it is completely legal to turn around to avoid a DWI checkpoint; however, the act of turning around before a checkpoint may give law enforcement officers reasonable suspicion to pursue and detain you. As a result, you may still be detained and questioned after legally avoiding a DWI checkpoint.
If you have been arrested at a DWI checkpoint or after trying to avoid one, you should consult with an experienced criminal defense attorney. People facing DWI charges are rarely able to defend themselves successfully, and strong legal advocacy can drastically affect the outcome of a case. John D. & Eric G. Johnson Law Firm has a team of passionate criminal defense attorneys who know how to protect your rights when you have been charged with a DWI.
What Are DWI Checkpoints?
In Louisiana, a person can be charged with driving under the influence (DUI) or driving while intoxicated (DWI), and the two charges are generally treated the same. Around the major holidays, drivers may notice an increased police presence or even a DWI checkpoint to protect citizens from drunk drivers. Sobriety checkpoints do not violate the Fourth Amendment’s protection against unreasonable searches and seizures as long as the police officers detaining vehicles act in accordance with the law.
The purpose of DWI checkpoints is a matter of public safety. Drunk drivers pose a serious threat to everyone on the road, and checkpoints provide a legal way for law enforcement to remove drunk drivers from the roadways. If a person is arrested and convicted for a DWI for the first time, he or she faces incarceration for up to six months and a fine of up to one thousand dollars. If you have been arrested for a DWI, you need an experienced criminal defense lawyer to help you defend yourself against the state.
Can You Legally Turn Around to Avoid a DWI Checkpoint in Louisiana?
You can legally turn around to avoid a DWI checkpoint as long as you do not violate any traffic laws in the process; however, you may still face consequences for turning around before a sobriety checkpoint. If you violate a traffic law while trying to evade a DWI checkpoint, the police will have a sufficient reason to detain your vehicle.
Additionally, the Louisiana Fourth Circuit Court of Appeal found that a driver avoiding a sobriety checkpoint creates enough reasonable suspicion for law enforcement to detain the driver. This means that you can still be pulled over for avoiding a DWI checkpoint even if you do not violate any traffic laws.
If you are arrested at a DWI checkpoint or after evading one, you should hire a skilled criminal defense attorney to represent you. A criminal defense lawyer may be able to point out relevant defenses that will help your case that you did not know existed. For example, you may be able to argue that the officer lacked probable cause to detain you, the breathalyzer test was faulty, or the officer made a procedural error when arresting you.
The Experienced Criminal Defense Attorneys With John D. & Eric G. Johnson Law Firm Are Ready to Defend You Today
DWI checkpoints are an important method for removing drunk drivers from the road, thus creating a safer environment for everyone. While it is legal to turn around to avoid a DWI checkpoint if you do not violate any traffic laws, doing so gives law enforcement officers reasonable suspicion to detain you for investigation. You deserve to be able to protect your rights when facing a DWI charge. The criminal defense attorneys with John D. & Eric G. Johnson Law Firm want to help you defend yourself against your DWI charge.
John D. & Eric G. Johnson Law Firm has a passionate team of lawyers who are eager to discuss your case today. You can reach us by calling (318) 377-1555 or by filling out our contact form.