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A newly-created DWI checkpoint page has started a buzz among locals and authorities.

The New Orleans Police Department said the DWI checkpoint page on Facebook was created June 11 and in just days, more than 7,000 people “like” the page, including Mary O.

“I don’t generally have to watch where I go because I don’t like to drink and drive, but you never know,” said Mary.

The user-generated page asks people to reveal specific locations of DWI checkpoints.

“They’re definitely going to drinking less just because they’re aware of that kind of activity going around in the city,” said Brendan T., a longtime bartender at Lucy’s Retired Surfer’s Bar.

Brendan said he believes police presence serves as a deterrent.

“If you’re going to drink excessively, you’re going to do it no matter what,” said resident Katy T.

By law, police have to inform the public within 24 hours of setting up a checkpoint. The neighborhood is identified, but not the exact street location.
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A Louisiana man will face up to 35 years in prison as a result of seven driving while intoxicated convictions.

Yilver Ponce pleaded guilty to seven DWIs in a period of less than 10 years. His first guilty plea hit the books on 2000. He pleaded guilty to give DWI charges between July 12 and August 19 of 2005 in the St. Tammany Parish area of Louisiana.

In Louisiana, judges are required to allow a person to attend rehabilitation before handing down a jail sentence. This means Ponce spent about 60 days in jail initially for the charges. The law set the maximum at 60 days if a person had not attended a rehab program.

The law has changed, though. In July of 2005, Governor Kathleen Blanco passed a new law that allowed judges to inflict harsher punishments at their discretion. This is described in a policy change from wanting to rehabilitate offenders to simply wanting to get them off the road. It should be no surprise MADD was one of the instrumental supporters of this new law.

The change in the law means that Ponce met new challenges when he pleaded guilt to DWI in February of 2008. When the case hit court on October 20 of this year, a judge revoked Ponce’s probation and sentenced him to 20 years for his previous offenses. He then sentenced him to an additional 15 years, making the sentence total 35 years all together.

This change in policy points out a fundamental issue with DWI legislation changes that go retroactive. Ponce undoubtedly committed several crimes. However, at the time he committed these crimes he was not eligible for a jail sentence. It is possible Ponce pleaded guilty to his previous charges without considering his defense fully because he knew he was not eligible for jail time and elected to simply undergo rehabilitation treatment.

This problem comes up whenever a state decides to increase the severity of DUI/DWI legislation and punishment. 20 years ago, driving drunk was very different than it is today. Even 5 years ago, this was a different crime. Look back periods in many states stretch back as long as 10 years, however. It is a harsh reality that people who pleaded guilty when a DUI simply meant a “slap on the wrist” and will now face 20 plus years in jail.

Source: Lousiana DWI law change leads to retroactive 35-year sentence

The Louisiana State Legislature passed new DUI laws in its 2009 legislative meetings. Signed into law by Governor Jindal on July 1, 2009, the state is adopting more severe penalties for driving with a suspended license and mandatory license suspensions for refusing sobriety tests.

ACT 236 addresses the ability for law enforcement officers to arrest individuals driving with a suspended license for DUI or vehicular manslaughter. Previously, if a person was caught driving with a suspended license, they were ticketed and released. Without extenuating circumstances, there was not more punishment other than this ticket. The new ACT provides for an arrest with 15 days to 6 months in jail. This law only applies if the license suspension was the result of an alcohol-related event.

ACT 288 increase the suspension assessed for drivers who refuse chemical testing after a  DUI arrest. A person who refuses a test will now have a mandatory suspension of one year. If a test is refused on a second offense, the mandatory suspension is 2 years.

Previously Louisiana DUI law permitted a 180 day and 545 day suspension period for first and second refusals.

Also, if there is fatality or serious injury resulting from a DWI accident, the state of Louisiana will not allow a person to apply for a hardship license.

Gov. Bobby Jindal wants to toughen the penalty for drivers who refuse to submit to a breathalyzer test when they are stopped on suspicion of drunken driving.

Jindal says the current law seems to encourage the refusal to submit to the test. He wants the penalty for refusal to submit to match the penalties for failing the test.The governor’s office says right now, a person who refuses the test faces a driver’s license suspension of 180 days on a first offense. Jindal wants to change that to a minimum penalty of two years license suspension.Jindal also is proposing increased penalties for driving on a suspended license after a DWI conviction.Lawmakers will consider the proposals when they return for a regular legislative session that begins in April. Whether the law changes or not, a good DUI attorney will get you off the hook when arrested for DUI in Louisiana.

Persons arrested for DWI in Louisiana have only 15 DAYS to request a hearing from the Department of Public Safety and Corrections, or else their license will be suspended.

Louisiana DWI laws do provide for a “safe harbor” for certain blood alcohol levels: where a person is arrested for drunk driving and gives a test that is below .05%, the person is presumed not to be driving under the influence of alcohol. If the test results are between .05% and .08%, there is no presumption regarding alcohol impairment.

These drunk driving laws are only for drivers age 21 and older. For those under 21 who are accused of drunk driving, the alcohol intoxication legal limit is .02%.

Drunk driving law in Louisiana requires someone arrested for DWI or DUI to submit to a test of their blood, breath or urine if requested by a peace officer. Refusal to take the chemical test following a drinking and driving arrest shall be admissible in court as consciousness of guilt, and carries with it additional driver’s license consequences and penalties.

If you have refused to submit to a chemical test, your license may be suspended for a period of six months for a first refusal, or for 545 days if you have previously refused to submit to such a test. If you have an unlawful BAC, your driving privilege will also be suspended for six months for a first offense DWI, and one year for a second offense DWI.

In the need a Louisiana DUI lawyer make sure to visit the Louisiana DUI Attorney Directory. Locate an attorney who can help you.
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