YOU'VE BEEN STOPPED BY LAW ENFORCEMENT OFFICERS
FOR A TRAFFIC RELATED OFFENSE.....NOW WHAT?
Initial contact with a Law Enforcement Officer
Implied Consent Law
Enhanced penalties
Today, law enforcement officers, are
looking for more than just the average
traffic offender. They are looking for those
motorists who drive while impaired after
having consumed alcohol or drugs.
Law enforcement officers often look for tell
tale signs of impaired drivers who are
driving too fast or too slow, who are
weaving in and out of their lane of traffic,
who do not have their automobile lights
turned on or who are driving with their bright lights on, who are seated too closely to the steering wheel
or are leaning too far away from the steering wheel, who show indecisiveness while driving, or who totally
disregarding traffic control devices. These are but a few of the items which law enforcement officers look
for while on patrol to determine whether sufficient probable cause exists to stop a motorist whom they
suspect of driving while impaired. Of course, they also use stationary Sobriety Check Points to come face
to face with drivers so that they may look inside of the vehicle for alcohol beverage containers or to smell
for the odor of alcoholic beverages on the breath of the driver.
1.
Probable Cause for Your Being Stopped
2.
Your first encounter with a law enforcement officer
may be upon seeing his emergency lights or hearing
his emergency siren. This is your notice to pull over
as quickly as possible, but only out of traffic and in a
location which is safe for both you and him. Failure
to pull over may cause him to bring additional
charges against you.
The officer may ask that you remain in your
automobile or he may ask that you exit your vehicle.
Should he ask you to exit, it may be so that he can
better observe you while he is conducting his investigation. That investigation includes how you react to
his questions, whether he detects an odor of alcohol on your breath, and how stable you are on your feet.
He will also question you as to where you are going, where you have been and, of course, whether you
have been drinking. Your mother may have told you that "honesty is the best policy" and while that may
be best, honesty does not mean that you are required to answer every question posed by a law
enforcement officer, particularly those questions when answered may incriminate you. We all believe that
we can be convincing in our communications with a law enforcement officer. That is simply not correct.
Believe me you will not be able to talk an officer out of arresting you should you tell him something like,
"But officer, I only had one drink" or "Officer, I am only one block from home," While you do have to
identify yourself, you need not answer anything else. By now, everyone knows that law enforcement
agents are requried to inform you of your Constitutional rights, but did you know that they can use certain
statements against you based on your freely giving them during the initial stop?
3.
In most, if not all, states, a condition of your obtaining a driver license is your agreement to voluntary
participation in any test a law enforcement officer may give for purposes of determining whether or not
you may driving while impaired. Certain individuals who possess certain types of licenses such as those
piloting aircraft mandate your participation in such tests. So your failiure to participate may cause you
to lose your pilot license even if you are not flying. The most frequent test given is the Standardized
Field Sobriety Test. Those tests include the horizontal and vertical gaze nystagmus tests, straight leg
raising tests, and heal to toe walking tests. Even if you believe you have passed each of these tests, the
officer can demand your taking a breath test and even a blood test. Your failure to take any of the
requested tests could cause you to lose your drivers license for no less than one year. Even if you believe
that you could not provide an adequate breath sample due to illness, the officer can still report that you
refused to take the test. You have the right to apply for an administrative hearing, however, you only
have 15 days in which to request the hearing AND send subpoenas for those officers participating in
each phase of the arrest and testing. If you prove that no probable cause existed for the law enforcement
officer to stop you, your license will be returned to you. Should you fail at the administrative hearing,
you will loose your license for no less than one year. You need to consult with an attorney immediately
after being arrested.
4.
Louisiana in particular provides for an enhanced penalty for those convicted of a second or subsequent
charge of driving while intoxicated. You may find the penalty for each of a first, second, third and
subsequent offense at LRS 14:98. What is of particular importance is that there is a "cleansing" period
which allows each conviction to be wiped clean only after the expiration of 10 years from the date of
your successful completion of probation. That means that your conviction can still be used against you
for enhancement purposes for no less than 10 years and possibly longer depending on the period of
probation and whether you have had a further arrest for DWI. There is no cheap way out. You do not
want to plead guilty for expediency sake. Consult with an attorney before making a decision which can
have a life time of regret associated with it. A fourth offense DWI provides for 10 - 30 years in prison.