The Best DWI Defense Blog » DWI/DUI Law

New Louisiana Laws Stiffen Penalties

admin — Wed, 12 Aug 2009 22:06:54 +0000

Starting August 15, 2009. three new laws will make the penalties tougher on Louisiana residents. One is designed to toughen the laws on refusing to provide a breath sample, another will mandate jail time for driving with a suspended license and the third will limit the ability of defense counsel to obtain sworn testimony during a pre-hearing deposition. Up to this point, the state has been the only one in the nation to allow such a defense strategy.

Under the new refusal law, the state will double the penalty for a first offense from 180 days to a year and for a second offense from 18 months to two years. The new driving while suspended law creates two categories of offense. The first of these is for DWIs and requires a minimum 15 day jail sentence with a maximum of six months. The second class is for anyone suspended for any accidents resulting in death. These will require a 60 day jail sentence with a maximum of six months.

The third law just limits how much discovery a defense attorney can demand prior to a hearing. It is designed to make the process quicker for the legal system. This is the change that I think is most heinous. It is just another way of taking away your right to an adequate defense and a move to convict people without proper constitutional protection.

Texas DWI Law Circumvents Constitution

admin — Fri, 31 Jul 2009 21:29:10 +0000

On September 1, a new law will take effect in Texas that allows the police to order that blood be drawn from DWI suspects without a court warrant. Officers will only have this right if the suspect is a repeat offender, a minor under 15 is present in the car or someone gets hurt.

This law gives too much power to police with no judicial oversight. It will also put a huge burden on testing labs in the states. It is possible that they may be overwhelmed by requests since there will be no checks and balances to the police officer’s authority on the matter.

This is another example of laws being enacted across the country that are designed to reduce drinking and driving, but try to accomplish this in an almost totalitarian way. This law skirts the foundations of the legal system in this country. It is time to stop the abuse of power that Mothers Against Drunk Driving is pushing. Write your local officials and tell them where you stand.

Ignition Interlock

admin — Fri, 09 Jan 2009 05:08:16 +0000

Several states have enacted additional laws designed to make it tougher to drink and drive. Starting January 1, 2009, Alaska, Colorado, Illinois, Nebraska and Washington have made it mandatory for first time DWI offenders to install an ignition interlock device that prevents you from operating a vehicle without first blowing into a device that determines if you are past the legal limit of alcohol consumption for driving. I don’t know how clever the designers of the device were, but I would venture to guess that a paper bag full of inflated balloons could be used to circumvent this techno-nanny.

The aforementioned states join New Mexico, Arizona, and Louisiana, which already have similar laws. South Carolina has passed the same law, but only for repeat offenders. Other states have the option of imposing the device in lieu of loss of registration privileges.

The costs involved with these devices are quite high. There is an installation charge, a monthly lease payment, and a monthly surcharge to the state. I see it as another revenue generator for a few companies and extremely greedy governments.

It is time to outlaw drinking altogether or to reform DWI laws and punishments so that they make sense and are effective in preventing accidents and deaths. Toyota is engineering a steering wheel that can detect blood alcohol content from the perspiration of your hands. Maybe this should be standard on all vehicles. What do you think?