On July 19, 2018, the court ordered our client’s driver’s license be reinstated because he was improperly arrested at a DWI checkpoint on Tchoupitoulas Street in New Orleans, Louisiana. DWI checkpoints on Tchoupitoulas Street are frequently conducted by the New Orleans Police Department, in part, because their station is nearby which makes transportation of the arrested fairly quick and easy.
When clients come to us and have been charged with a DWI, the first thing we do is look into all aspects of the arrest and charge. When a person is charged with a DWI at a checkpoint, an important consideration is the client’s constitutional rights.
In this case, our client was charged with a DWI after entering a checkpoint and his license was suspended. We challenged the DWI and license suspension based on the failure of the New Orleans Police Department to follow proper and necessary protocol for DWI sobriety checkpoints. When a client is stopped at a checkpoint and then charged with a DWI, we turn to the case law and Louisiana statutes to see if appropriate procedures were followed.