- Legally, you must stop at a police checkpoint.
- If you’re asked to take a field sobriety test, you can refuse, but doing so will lead to your arrest.
- You should never answer any police questions while you’re under arrest without your attorney present.
LSU game days are the pinnacle of fun and excitement, with tailgate parties on campus starting as soon as the sun comes up. There are a lot of burgers on the grill and beer by the keg. With each gameday comes aggressive policing by the LSU Police Department and the Baton Rouge Police to ensure that visitors, students, and families aren’t drinking and driving.
There is a joint effort between campus leadership and local law enforcement to “crack down” during football season. The most commonly used tool is the checkpoint, where police stop cars at a specific location and ask to see their licenses. However, they’re really looking for the smell of alcohol on a driver’s breath. East Baton Rouge Parish seems to be a high-traffic area for checkpoints. Popular spots include Ben Hur Avenue and Highland Road, as well as State Street and Dalrymple Road.
If you get arrested, you need to make all the right moves. Here’s a look at your rights and next steps.
Understanding Your DUI Checkpoint Rights
You’re driving home after the big game, and you see dozens of police cars stopping cars in both directions to check the driver’s license and see if they can smell alcohol. You are legally required to stop for this checkpoint. Once you stop, you’re entitled to certain constitutional rights.
Once you’ve stopped at a checkpoint, a police officer will approach your car and ask for your license. You need to give it to them. They may ask other questions, such as where you’ve been and where you’re going. If they smell alcohol on you, they may ask you to submit to a field sobriety test. At any point, you can decline to answer any questions. You always have the right to remain silent; use it,
You always have the right to refuse a Field Sobriety Test (FSTs) in Louisiana. However, this can lead to an immediate arrest depending on other evidence. However, the “Implied Consent” law regarding chemical tests (breath/blood) at the station is mandatory, and you can’t refuse to take part in it.
Immediate Steps After an Arrest in East Baton Rouge Parish
You’ve been arrested. The cuffs are on, and a police officer is leading you to their car. What do you do now? You need to stay calm and compliant. You don’t want to give the officer any reason to say you were avoiding arrest and to file additional charges. Each time you speak to the cop or a new one, ask for an attorney. Make it clear that you won’t give a statement until you have an attorney present. From the moment you stop at the checkpoint, you need to make notes about. What is the location? What was the officer’s behavior like? What type of signage was there announcing the checkpoint? You never know what information will play a part in your defense.
Why Local Expertise Matters for Your Defense
In Louisiana, you want an attorney who is local and knows their way around the 19th Judicial District Court. A Louisiana-specific law firm understands that we work within Parishes, not counties, as other states do. Dana Brown and the firm bring decades of experience to your case, and we’re pros at navigating the Baton Rouge legal system.
Contact The Law Offices of Ossie Brown Today
If you’ve been arrested for DUI, you have a lot on your mind. Your number one concern is that the charge will ruin your future. That doesn’t have to be the outcome. However, you need to act quickly to get a driver’s license hearing, and you need an attorney to fight your corner. Call us at 225-343-1111 for an immediate consultation. Contact Our Team.
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