Login Logout

free countersfree counters

Asiento asignado por el Registro Nacional de Asociaciones Español: Grupo 1º, Sección 1ª, Numero 600121 - NIF: G76556646 ...

Louisiana Drugged Driving

In Louisiana a person is guilty of DUI if he or she drives a motor vehicle under the influence of any controlled dangerous substance. La. Rev. Stat. Ann. 14:98 (A)(1)(c) (2010).

Implied Consent

  • Any person, regardless of age, who operates a motor vehicle upon the public highways of Louisiana shall be deemed to have given consent, to a chemical test or tests of his blood, breath, urine, or other bodily substance for the purpose of determining the alcoholic content of his blood, and the presence of any abused substance or controlled dangerous substance. Id. §§ 32:661-2.

  • In all criminal cases where intoxication is an issue, any certificate or writing made with respect to the chemical analyses of a person's blood, urine, breath, or other bodily substance, shall be admissible as evidence. Id. § 32:662.1.

  • After submitting to the chemical test, the driver at their own expense may have a qualified person of his own choosing administer additional chemical tests. The cost of any such additional test shall be at the expense of the tested person. The inability of the driver to obtain additional tests shall not preclude the admission of the test(s) taken at the direction officer, unless the driver was denied rights guaranteed to him by law. Id. § 32:664.

Penalties

  • First offense misdemeanor – fine of $300-$1,000 (plus fees); jail for a period of 10 days to 6 months (all jail time can be suspended); 32 hours of community service; substance abuse programs; license suspension for 90 days. Id. § 14:98(B)(1).

  • Second Offense misdemeanor – fine of $750-$1,000 (plus fees); jail for a period of 30 days to 6 months (all but 48 hours of jail time can be suspended); 240 hours community service; substance abuse evaluation; license suspension for 1 year. Id. § 14:98(C)(1).

  • Third offense felony - mandatory $2,000 fine; jail for a period of 1 to 5 years (all but 1 year of jail time can be suspended); substance abuse class; possible seizure and sale of the vehicle being operated; driver's license suspension for 2 years. Id. § 14:98(D)(1).

  • Fourth offense felony - mandatory $5,000 fine; jail for 10 to 30 years (all but 2 years of jail time can be suspended); possible vehicle seizure and sale of the vehicle being operated at the time of arrest with the proceeds forfeited to the state; license suspension 2 years; mandatory psychological testing. Id. § 14:98(E).

Other Penalties & Penalty Enhancers

  • Child Endangerment – mandatory minimum sentences are imposed if a child 12 years of age or younger was a passenger in the vehicle when the defendant was arrested. Id. § 14:98(J).

Child Endangerment Mandatory Minimums, as per Id. § 14:98(J).

DWI First Offense

10 days in jail

DWI Second Offense

30 days in jail

DWI Third Offense

1 year in jail

DWI Fourth Offense

10 years in jail

Sobriety Checkpoints

In Louisiana, sobriety checkpoints are upheld under the state Constitution.

The Louisiana Constitution does not prohibit use of checkpoints, so long as guidelines are carefully constructed so as to provide a minimum interference with individual rights. Under constitutional balancing test, checkpoints are valid when conducted pursuant to neutral guidelines limiting discretion of field officer, and state has legitimate interest in deterring drivers from taking to roads without insurance or under the influence of alcohol/drugs. State v. Jackson, 764 So.2d 64 (La. 2000).

Case Law

State v. Parry, 985 So.2d 771 (2008) -- In order to convict, the state need only prove that the defendant was operating a vehicle under the influence of alcohol or drugs.

Louisiana Penalties


Incarceration


Fine

Possession

Any amount (first offense)

misdemeanor

6 months

$500

Any amount (second offense)

felony

0-5 years

$2,000

Any amount (third or subsequent offense)

felony

0-20 years

$5,000

Possession within 1,000 feet of school, church or public housing

felony

MMS* of 1/2 maximum penalty

variable

*Mandatory minimum sentence.

Sale or Cultivation (or possession with intent to sale)

Less than 60 lbs

felony

5 - 30 years

$50,000

60 - 2,000 lbs

felony

5 - 30 years

$50,000 - $100,000

2,000 - 10,000 lbs

felony

10 - 40 years

$100,000 - $400,000

More than 10,000 lbs

felony

25 - 40 years

$400,000 - $1,000,000

Sale to minor at least 3 years younger than the seller

felony

double penalty

double penalty

Sale within 1,000 feet of school, or specifed areas

felony

MMS* of 1/2 maximum penalty

variable

*Mandatory minimum sentence.

Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...)

Paraphernalia possession or sale (first offense)

misdemeanor

6 months

$500

Paraphernalia possession or sale (second offense)

misdemeanor

1 year

$1,000

Paraphernalia possession or sale (third offense)

misdemeanor or felony

5 years

$5,000

 

Details

 

Possession of any amount of marijuana is punishable by up to six months in jail and a fine of up to $500 for a first offense. For a second offense the penalties increase to up to five years in prison and a fine of up to $2,000. A third or subsequent offense increases the penalty to up to 20 years in prison.

Cultivation or sale, or possession with intent to distribute less than 60 pounds of marijuana is punishable by 5 - 30 years in prison and a fine of up to $50,000. For greater than 60 pounds of marijuana a fine of up to $50,000 - $100,000. For greater than 2,000 pounds the punishment ranges from 10 - 40 years in prison and a fine of $100,000 - $400,000. For greater than 10,000 pounds the penalty increases to 25 - 40 years in prison and a fine of $400,000 - $1,000,000.

Any sale to a minor at least three years younger than the seller doubles the possible penalties.

For felony possession or sale within 1,000 feet of a school, religious building or public housing the penalty includes a mandatory minimum sentence of at least one half of the maximum penalty for the offense.

Possession or sale of paraphernalia is punished by up to six months in jail and a fine of up to $500 for the first offense. For a second offense, the penalty increases to up to one year in jail and a fine of up to $1,000. For a third offense, the penalty is up to five years in prison and a fine of up to $5,000.



© DEMETER_MiMo2011-2019