Louisiana DWI DUI

New Orleans DWI Attorney Teaches Seminar To Other Legal Practitioners

 

 

An article was published earlier this week about a DWI defense class that I taught to other attorneys.  I really enjoy talking about Louisiana DWI defense strategies with other attorneys.  I hope that I have more opportunities to conduct such classes this year.  Click HERE to read the article.

 

Happy Wednesday Everyone!

 

 

 

Operating A Vehicle While Under Suspension For DWI — Louisiana

 

 

OPERATING A VEHICLE WHILE UNDER SUSPENSION FOR DWI — La. R.S. 14:98.3

 

A.  It is unlawful to operate a motor vehicle on a public highway where the operator’s driving privileges have been suspended under the authority of R.S. 32:414(A)(1), (B)(1) or (2), (D)(1)(a), or 667.  It shall not be a violation of the provisions of this Section when a person operates a motor vehicle to obtain emergency medical care for himself or any other person.

B.  Whoever violates the provisions of this Section shall be imprisoned for not less than fifteen days nor more than six months without benefit of suspension of imposition or execution of sentence, except as provided in Subsection C.

C.  When the operator’s driving privileges were suspended for manslaughter, vehicular homicide, or negligent homicide, the offender shall be imprisoned for not less than sixty days nor more than six months without benefit of suspension of imposition or execution of sentence.

 

If you have further questions about DWI in New Orleans and the surrounding areas, feel free to contact our law firm.

 

New Orleans Interlock Device Installation Centers — Louisiana

New Orleans DWI Defense Attorney

 

If you are facing a DWI offense, Contact Attorney Elizabeth Bagert Carpenter — Serving Jefferson, Orleans, Baton Rouge, St. John, St. Tammany, St. Charles, St. Bernard Parishes.  Attorney Carpenter takes pride in the the results she obtains for her DWI clients. 

 

Interlock Device Installation Centers In New Orleans Area

 

Deep South Audio & Customs

3736 Downman Rd

New Orleans, LA 70126

Phone: (504) 309-6415

 

Jim Jr’s Auto Repair

2208 Hickory Ave.

New Orleans, LA 70123

Phone: (504) 727-1357

 

P M Automotive Service

716 Shrewsbury Rd

New Orleans, LA 70121

Phone: (800) 880-3394

 

Prestige Customs & Autosound

1510 N. Causeway Blvd.

Metairie, LA 70001

Phone: (504) 833-2824

 

Westco Breathalyzer, LLC Metairie

3236 Metairie Road

Metairie, LA 70001

Phone: (504) 382-7245

 

Anything Car Audio

2440 Delaware Suite C

Kenner, LA 70062

Phone: (504) 461-0442

 

Mobile One Autosound Westbank

516 Westbank Expressway

Gretna, LA 70053

Phone: (504) 366-1127

 

Superior Interlock of New Orleans

6245 Westbank Expressway #65

Marrero, LA 70072

Contact:Jeff Wegrzyn

Phone: (800) 565-1602

Phone: (877) 341-2136

 

 

Installation And Certification Of Ignition Interlock Device — Louisiana

 

NEW ORLEANS DWI DEFENSE ATTORNEY

 

Elizabeth Bagert Carpenter, Esq.  –  Defending DWI Cases In South Louisiana

 

IGNITION INTERLOCK DEVICE — INSTALLATION AND CERTIFICATION — La. R.S. 15:307

 

As used in R.S. 15:306, “ignition interlock device” means a constant monitoring device that prevents a motor vehicle from being started at any time without first determining the equivalent blood alcohol level of the operator through the taking of a breath sample for testing.  The system shall be calibrated so that the motor vehicle may not be started if the blood alcohol level of the operator, as measured by the test, reaches a level established by the court and consistent with the rules promulgated by the secretary of the Department of Public Safety and Corrections, hereafter referred to as the “secretary”.

 

The secretary shall certify or cause to be certified ignition interlock devices required by R.S. 15:306 and shall publish a list of approved devices.  All reasonable costs of certification shall be borne by the manufacturer.  The manufacturer of the system shall be responsible for the installation or the training of installers and shall educate users and service and maintain the system.

 

The ignition interlock device shall be installed, calibrated, and monitored directly by trained technicians who shall train the offender for whom the device is being installed in the proper use of the device.

 

The secretary shall formulate and promulgate a set of rules and regulations for the proper approval, installation, and use of ignition interlock devices in full compliance with this Section and R.S. 15:306.  The standards shall include but not be limited to requirements that the devices or systems:

(1)  Do not impede the safe operation of the vehicle.

(2)  Correlate with established measures of alcohol impairment.

(3)  Work accurately and reliably in an unsupervised environment.

(4)  Resist tampering and give evidence if tampering is attempted.

(5)  Are difficult to circumvent.

(6)  Minimize inconvenience to a sober user.

(7)  Require a proper, deep lung breath sample or other accurate measure of blood alcohol content equivalence.

(8)  Operate reliably over the range of automobile environments.

(9)  Are manufactured by a party who will provide product liability insurance and a bond against malfunction of the device.

 

 

The secretary shall design and adopt by regulation a warning label which shall be affixed to each ignition interlock device upon installation.  The label shall contain a warning that any person tampering with, defeating, or otherwise circumventing the device is guilty of a criminal offense and subject to criminal penalty and civil liability.

 

If  you or a loved one has been arrested for a DWI in Orleans, Jefferson, St. Charles, St. John, St. Tammany Parishes, contact a New Orleans DWI Defense Attorney — Elizabeth B. Carpenter.

 

DWI Additional Conditions Of Probation — Ignition Interlock Device In Louisiana

 

NEW ORLEANS DWI DEFENSE ATTORNEY

 

Elizabeth Bagert Carpenter, Esq.  –  Defending DWI Cases In South Louisiana

 

DWI ADDITIONAL CONDITIONS OF PROBATION — IGNITION INTERLOCK DEVICE  La R.S. 15:306

 

A.(1)  As an additional condition of probation, the court shall require that any person convicted of a second or subsequent violation of R.S. 14:98 and placed on probation in accordance with that Section shall not operate a motor vehicle during the period of probation unless any vehicle, while being operated by that person, is equipped with a functioning ignition interlock device as provided in R.S. 15:307.

(2)  However, nothing in this Section shall be construed as granting a superior right to a restricted license than that provided in R.S. 32:378.2 with regard to any period of preliminary disqualification.

B.(1)  When the court imposes the use of an ignition interlock device as a condition of probation upon a person, the court shall require the person to provide proof of installation of such a device to the court or a probation officer within thirty days.  If the person fails to provide proof of installation within that period, absent a finding by the court of good cause for that failure which is entered into the court record, the court shall revoke the person’s probation.

(2)  “Proof of installation” shall mean either a certificate of installation or a copy of the lease agreement with one of the approved ignition interlock device companies.

C.  The person whose driving privileges are restricted pursuant to this Section shall have the system on his vehicle monitored by the manufacturer for proper use at least semiannually or more frequently as the court may order.  A report of any monitoring shall be issued by the manufacturer to the court within fourteen days after the monitoring.

D.  If a person is required in the course and scope of his employment to operate a motor vehicle which does not have an approved ignition interlock device, and if the vehicle is owned by the employer, the court may allow the person to operate the employer’s vehicle.  Any person authorized to operate an employer’s vehicle without an ignition interlock device shall be required to obtain and present to the court written permission from the employer for the employee to operate a specific vehicle or vehicles.  Such permission shall be in the possession of such person when he operates the employer’s vehicle.  A motor vehicle owned by a business entity which is in whole or in part owned or controlled by a person otherwise subject to this Section is not a motor vehicle owned by the employer.

 

If  you or a loved one has been arrested for a DWI in Orleans, Jefferson, St. Charles, St. John, St. Tammany Parishes, contact a New Orleans DWI Defense Attorney — Elizabeth B. Carpenter.

 

Information About DMV Hearings — DWI Defense Louisiana

New Orleans DWI DUI Attorney 

 

 

Elizabeth B. Carpenter, Esq. —  DWI DUI Attorney New Orleans 

 

Information About DMV Hearings

By Elizabeth B Carpenter

 

If you have been arrested for a DWI in New Orleans area, a lawyer can help you with both the criminal side of your case and your DMV hearing, which addresses the suspension of your driving privileges in Louisiana. Your DMV hearing is just as important as your criminal case, and thus it is essential that you work with an attorney on this as well.

 

A New Orleans DWI Defense Attorney can help you if you have been arrested for DWI and need representation at your DMV hearing. An attorney can schedule your hearing, fully prepare you for it and can represent you at the hearing in order to help you get the best outcome possible. The DMV Administrative Hearing is a hearing where your attorney will have the opportunity to show that a suspension or revocation of your driving privilege is not justified. At this hearing, your attorney will present testimony and relevant evidence on your behalf. If the review shows there is no basis for the suspension or revocation, the action will be set aside and your driver’s license will be returned.

 

You Only Have 15 Days From The Date Of Your Arrest!

 

Upon getting arrested for DUI in Louisiana, the police officer is required by law to immediately forward a copy of the completed notice of suspension or revocation form and any driver’s license taken into their possession, with a sworn report, to the Department of Motor Vehicles (DMV). This means that the officer will confiscate your license and will give you a temporary license that is valid for only 30 days from the time of your DWI arrest.

 

Immediate action is necessary, by you or your attorney, in order to prevent the suspension of your driver’s license. You must contact the DMV within 15 days of your arrest and schedule an Administrative Hearing – otherwise your license will be suspended upon the expiration of the 30-day temporary license you were given upon your arrest.

 

A DMV hearing is a part of any DWI arrest.  Many DMV hearings will hinge upon whether the officer had probable cause to stop you in the first place and the experience of the officer who administered the breath test or blood test which was used to determine your blood alcohol level.   Contact 504-599-5955  –  Available to help you 24/7.

 

 

Field Sobriety Tests: Understanding the Three Forms — DWI Defense Louisiana

New Orleans DWI DUI Attorney 

 

 

Elizabeth B. Carpenter, Esq. —  DWI DUI Attorney New Orleans 

 

Field Sobriety Tests: Understanding the Three Forms

 By Elizabeth B Carpenter

In most Louisiana DWI cases, before breath and blood tests are utilized, law enforcement officers will use what is known as the field sobriety test. These are a common first way of determining the level of intoxication of the subject. For a long time, these tests were not standardized and were different across the board – varying from place to place. The National Highway Traffic Safety Administration (NHTSA), however, has since standardized this form of testing and has come up with three different tests:

 

Horizontal Gaze Nystagmus (HGN): This is the most scientific of all field sobriety tests and is used to test the nystagmus of the subject – which is the involuntary jerking of the eye. It is believed that the drinking of alcohol can exaggerate and aggravate nystagmus. To perform this test, an officer will take a small object (such as a pen or flashlight) and will place it before their eyes – moving it horizontally in front of them. They will then watch the eye’s tracking and will look for any distinct movement.

Walk-and-Turn (WAT): This is considered to be a “divided attention” test that requires the subject to listen to detailed instructions and then perform as asked. The WAT requires the subject specifically to walk in a straight line (heel to toe) for nine steps, turn on one foot and then return back to the starting point of the test. The officer will look for signs of failure which include using the arms to balance, steps off of the line, doesn’t take the specified nine steps or stops during the test.

One-Leg Stand (OLS): The simplest form of testing is known as the OLS and is another form of a divided attention test. This requires the subject to stand on one leg while raising the other for six inches off the ground – counting until the officer tells them that they are able to put their foot down. Signs of failure including using arms to balance, swaying, hopping to maintain balance or putting their foot down before the test is over.

 

Contact

 

When you are dealing with criminal charges pertaining to drunk driving, you need an aggressive attorney that you can rely upon.  Contact DWI DUI Attorney Elizabeth B. Carpenter — Available 24/7 to help you.

 

 

Challenging Evidence from Breath Tests and Blood Tests — DWI Defense Louisiana

New Orleans DWI DUI Attorney 

Elizabeth B. Carpenter, Esq. —  DWI DUI Attorney New Orleans 

 

 

Serving DWI DUI Clients In Metairie, Kenner, Gretna, New Orleans, LaPlace, Hammond, Mandeville and Covington!

 

 

By Elizabeth B Carpenter

Challenging Evidence from Breath Tests and Blood Tests

 

One of the first forms of testing that is often utilized in Louisiana DWI investigations is that of the breath test, commonly taken with what is known as the Breathalyzer. This test is simple and requires that the subject breathe into a machine which samples the breath. This can then deliver a reading on the blood alcohol concentration (BAC) of the subject; if it is over 0.08 percent it can give the law enforcement officer evidence to arrest for drunk driving. This, however, is often a test that can be prone to error and can result in serious erroneous readings.

 

For example, should the defendant fail to take a deep breath, it can cause them to breath from their mouth instead of deep from their lungs – this can cause a faulty reading. Similarly, if there is the existence of mouth alcohol or if the test is administered in the absorptive phase, then the reading can’t be trusted. The most common source of error, however, is the fact that these machines are incredibly delicate and require consistent calibration to ensure that they are working. If they are not maintained perfectly on schedule, an experienced attorney will be able to work with you to combat the evidence.

 

The blood test is commonly believed to be the most reliable form of testing and in many ways this is true. This form is test requires that a blood sample be drawn and then sent to a lab for testing. While this is scientific and very formulaic, it can still be prone to error. One prime example of a cause of error is the fact that the sample is required to be stored in a very specific manner. If it isn’t (for example, if preservatives aren’t properly mixed in or anticoagulants not used), then the sample can “go bad.” Another source of error is that the chain of custody can somehow become broken – making it an unreliable form of evidence.

 

Contact

 

When you are dealing with criminal charges pertaining to drunk driving, you need an aggressive attorney that you can rely upon.  Contact DWI DUI Attorney Elizabeth B. Carpenter — Available 24/7 to help you.

Calculate Your Blood Alcohol Content — BAC Calculator

New Orleans DWI DUI Attorney 

 
Elizabeth B. Carpenter, Esq. —  DWI DUI Attorney New Orleans 

 

Serving DWI DUI Clients In Metairie, Kenner, Gretna, New Orleans, LaPlace, Hammond, Mandeville and Covington!

 

Legislators and law enforcement have really been cracking down on DWI / DUI in Louisiana.  It is quite frightening because: 1.) We are a State that likes to enjoy our cocktails and 2.) When you do the math, it is easy to see how little alcohol is necessary to be considered legally intoxicated.  All the officer needs is sufficient probable cause to pull you over.

 

 
Check out the BAC Calculator

 

ABOUT ATTORNEY ELIZABETH B. CARPENTER

Elizabeth B. Carpenter has completed courses on NHTSA DWI Detection and Field Sobriety Testing and the breath testing machine known as the Intoxilyzer 5000. These are the same courses law enforcement must take when training. This level of dedication to her practice helps her challenge the common errors that police officers make during a DWI arrest.

For more information about attorney Elizabeth B. Carpenter see her criminal defense website and her New Orleans Criminal Defense Attorney Blog. Ms. Carpenter is a skilled criminal attorney who defends against DWI chargesdomestic violence chargesDrug Crime, and sex crimes, among others in the New Orleans metro area. Elizabeth B. Carpenter Law can also be followed on Facebook.

Elizabeth B. Carpenter, Esq. is an experienced New Orleans criminal defense attorney. She received her Juris Doctorate from Loyola University Law School, and is a member and supporter of theLouisiana State Bar Association, Louisiana Association for Criminal Defense Lawyers, and National Association of Criminal Defense Lawyers. Her law offices have successfully represented clients in Orleans, Jefferson, Plaquemines, St. John, St. Tammany and St. Charles Parishes. Carpenter’s mission is to provide clients with exceptional, personalized, and professional service.

 

 

 

New DWI Law Mandates Stiffer Sentencing For Some Second Time Offenders

New Orleans DWI DUI Attorney 

Elizabeth B. Carpenter, Esq. –  Second Offense DWI Penalties Louisiana

 

Serving DWI DUI Clients In Metairie, Kenner, Gretna, New Orleans, LaPlace, Hammond, Mandeville and Covington!

 

On August 1, 2012, HB 47 will go into effect.  This new piece of legislature provides for a mandatory 30 day sentence in Parish jail for second time offenders when the offense occurs within 1 year of the 1st.  The offender will also be required to participate in a court ordered substance abuse program.

 

The sentence of 48 hours will remain for second time offenders who are arrested for a DWI a year or more after the first offense.

 

 

ABOUT ATTORNEY ELIZABETH B. CARPENTER

Elizabeth B. Carpenter has completed courses on NHTSA DWI Detection and Field Sobriety Testing and the breath testing machine known as the Intoxilyzer 5000. These are the same courses law enforcement must take when training. This level of dedication to her practice helps her challenge the common errors that police officers make during a DWI arrest.

Elizabeth B. Carpenter, Esq. is an experienced New Orleans criminal defense attorney. She received her Juris Doctorate from Loyola University Law School, and is a member and supporter of the Louisiana State Bar Association, Louisiana Association for Criminal Defense Lawyers, and National Association of Criminal Defense Lawyers. Her law offices have successfully represented clients throughout Southern Louisiana.  Carpenter’s mission is to provide clients with exceptional, personalized, and professional service.