If you are stopped by police on suspicion of driving while intoxicated (DWI), what you know about your rights — and how carefully you act during the stop — can significantly affect the outcome. The choices you make can determine whether certain evidence is admissible and whether the case against you holds up. Understanding what police can and cannot do during a DWI stop is critical.
The Initial Stop: What Police Need
Police cannot pull you over without legal justification. To make a DWI stop, an officer needs reasonable suspicion — specific, articulable facts suggesting criminal activity — not a mere hunch. Common valid bases include erratic driving such as weaving or drifting, traffic violations, equipment problems like a broken headlight, or driving that matches the description of a suspect. If a stop lacked reasonable suspicion, the evidence that follows may be subject to suppression, which is one of the first things a defense attorney will examine.
Your Rights During the Stop
During the stop you have important rights, and also some clear obligations. You generally have the right to:
- Remain silent beyond providing your license, registration, and proof of insurance.
- Decline to consent to a search of your vehicle or person.
- Refuse field sobriety tests.
- Ask whether you are free to leave and ask to speak with an attorney.
You may not, however, refuse to stop, refuse to provide your license and registration, drive away, or resist a lawful arrest. A calm, polite, and clear assertion of your rights is far more effective than confrontation.
Field Sobriety Tests
Officers often ask drivers to perform roadside field sobriety tests — the horizontal gaze nystagmus (eye-tracking) test, the walk-and-turn, and the one-leg stand. These tests are voluntary. You have the right to decline them, and in Louisiana refusing the roadside field sobriety tests does not, by itself, carry a license penalty. Officers do not always make that clear, so it is enough to state politely that you decline to perform them.
Breath and Blood Tests and Implied Consent
The roadside portable breath test is also generally something you can decline; it is different from the official chemical test administered after arrest. That official test is governed by Louisiana’s implied-consent law: by driving on Louisiana roads, you are deemed to have consented to chemical testing if lawfully arrested for DWI. You can still refuse, but refusal carries consequences — an administrative driver’s license suspension, and the refusal may be used against you. In some cases officers can obtain a warrant compelling a blood draw. Because the right decision depends heavily on the specific facts, it is wise to speak with a lawyer when possible. The penalties that flow from a conviction are significant, as explained on our DWI penalties page.
After Arrest
Once you are arrested, police must give Miranda warnings before any custodial questioning, and you should clearly invoke your right to remain silent and to counsel. Just as important, a DWI arrest typically triggers a separate administrative process governing your driver’s license, with a short window — often only a matter of weeks — to request a hearing contesting the suspension. Missing that deadline can result in an automatic suspension regardless of what happens in the criminal case, so it is critical to act quickly.
Mistakes to Avoid
The most common and costly mistakes are volunteering that you have been drinking, performing field sobriety tests without realizing they are optional, consenting to searches, lying to officers, and missing the administrative license-hearing deadline. The safest course is to stay polite, say little, decline searches and voluntary tests clearly, and ask for a lawyer.
Conclusion
Your conduct during a DWI stop can dramatically shape the outcome of your case. Knowing your rights — declining voluntary tests, refusing consent to searches, and requesting an attorney — protects your interests, and an experienced lawyer can challenge the stop, the testing, and the evidence. Learn more about our DWI defense practice, or contact The Ambeau Law Firm if you have been arrested.