Category Archives: Criminal Defense

For licensed professionals, a DUI arrest can trigger serious repercussions beyond legal penalties. For instance, individuals holding medical, nursing, or teaching licenses may face disciplinary actions from their respective licensing boards. These consequences can range from suspension to revocation of licenses, depending on the severity of the offense and specific board regulations. Similarly, commercial drivers might risk losing their CDL, severely impacting their livelihood. Real estate agents and architects are not exempt from these risks, as a DUI can compromise their professional standing and credibility. Professionals in Louisiana need to be aware of these risks and understand the possible outcomes of a DUI charge, as it can significantly affect their career trajectory and professional opportunities.

DUI Arrests: On Medical and Nursing Licenses

DUI arrests can profoundly impact medical and nursing licenses in Louisiana. When a healthcare professional faces a DUI charge, it’s not just a legal issue; their professional license can also be at stake. Licensing boards for medical and nursing professions take DUI offenses seriously. These may view such incidents as indicators of potential risk to patient safety and professional judgment.

Consequences for a medical or nursing professional can vary. In some cases, a DUI arrest might lead to an investigation by the licensing board. These investigations can result in various outcomes, such as mandatory counseling, fines, or license suspensions. In more severe instances, professionals might permanently lose their licenses. The impact of a DUI on a medical or nursing career is significant, potentially hindering job prospects and damaging reputations in the healthcare community. These professionals must understand the gravity of such charges and their potential effects on their careers.

The Impact of DUI on Commercial Driving Licenses in Louisiana

The impact of a DUI on commercial driving licenses in Louisiana is a significant concern for anyone holding a Commercial Driver’s License (CDL). A DUI offense can lead to immediate and severe consequences for these drivers. Given the stringent safety standards in the transportation industry, a DUI is seen as a serious violation.

When a commercial driver is charged with a DUI, it often results in the suspension of their CDL. This suspension can vary in length, but it directly affects the driver’s ability to work. For many, this means a loss of income and potential job insecurity. In more severe cases, or with multiple offenses, a driver might face the permanent revocation of their CDL.

Protecting Your Teaching License Post-DUI Arrest in Louisiana

Protecting a teaching license after a DUI arrest in Louisiana involves understanding the potential repercussions on one’s career. Teachers hold positions of trust and are expected to maintain high standards of conduct. A DUI arrest can put this trust and professional standing at risk.

When a teacher is arrested for DUI, it often triggers a review by the licensing board or school administration. The outcomes of such reviews can vary, including actions like suspension or probation, contingent on the case’s specifics and the individual’s history. In severe instances, a teacher could face the revocation of their license, which would profoundly affect their ability to work in the education field.

Legal Strategies for Defending Professional Licenses After a DUI

Defending professional licenses after a DUI arrest involves understanding such an event’s legal and professional ramifications. A DUI charge can lead to serious consequences for licensed professionals across various fields. The defense strategy often hinges on the specific circumstances of the DUI case and the regulations of the respective professional licensing board.

In these situations, the focus is on demonstrating responsibility and a commitment to rectifying any issues leading to the DUI. This might involve participating in rehabilitation programs or community service for some professionals. It’s also common for individuals to undergo evaluations assessing their fitness to continue their profession.

Moreover, professionals may need to present evidence of their good standing and contributions to their field as part of their defense. This approach aims to show the licensing board the individual’s overall professional conduct and dedication to maintaining high standards in their work and defending a professional license after a DUI addresses the legal charge and its broader implications on one’s professional life.

DUI Convictions: Implications for Real Estate and Broker Licenses

DUI convictions affect real estate and broker licenses for professionals in these fields. Real estate agents and brokers are often held to high standards of professionalism and integrity. A DUI conviction can be seen as a breach of these standards, potentially leading to disciplinary action from licensing boards.

These boards review each case individually, considering factors like the severity of the DUI and the professional’s history. Consequences can range from fines and mandatory education programs to license suspension or revocation. This can disrupt real estate professionals’ ability to work, affecting their reputation and career prospects.

Real estate agents and brokers need to understand the serious nature of a DUI conviction. Such an offense does not just result in legal penalties but also poses risks to their professional licenses and careers. Acknowledging the potential impact on their professional standing is vital for those in the real estate industry.

How a DUI Can Affect Your Engineering or Architecture License

A DUI can significantly affect an engineering or architecture license, a concern for professionals in these fields. Engineers and architects are expected to uphold high standards of professionalism and responsibility. A DUI charge can challenge this perception, leading to possible disciplinary actions by licensing boards.

For engineers and architects, the consequences of a DUI can range from a formal reprimand to more severe penalties like suspension or revocation of their license. The decision often depends on the specifics of the DUI incident and the individual’s professional history. Licensing boards typically conduct a thorough review, considering the impact of the DUI on the professional’s ability to perform their duties safely and effectively.

Engineers and architects must be mindful of how a DUI can jeopardize their professional license and career. Such an offense not only brings legal troubles but also poses risks to their standing in a highly responsible and trust-oriented profession.

The Long-Term Effects of DUI on Professional Careers in Louisiana

The long-term effects of a DUI on professional careers in Louisiana can be far-reaching and impactful. For individuals in licensed professions, a DUI is not just a one-time legal issue; it can have lasting consequences on their career trajectory. Professions such as medicine, law, education, and others often require a clean record for licensing and employment, and a DUI can tarnish this record.

In many cases, a DUI can lead to job loss or difficulty in securing future employment, as employers often conduct background checks. For those in positions of trust or responsibility, such as healthcare workers or educators, the stigma attached to a DUI can be particularly damaging. It can lead to a loss of respect and trust from colleagues and the community.

Call 504-523-6496 or contact our expert team for a free consultation. 

According to the Substance Abuse and Mental Health Association, over 360,000 Louisiana residents over the age of 18 have a drug use disorder. These same individuals may end up facing criminal charges during an encounter with law enforcement if found to have drugs on their person. 

When someone faces drug possession charges, it means law enforcement believes the person had illegal drugs. These charges can range from minor offenses, like having a small amount of marijuana, to more serious ones, like carrying harder substances. Different states have varying laws on what counts as a minor or serious charge. In some areas, having drugs near a school can lead to more severe consequences. Sometimes, what someone thought was a legal amount or type of drug can still result in charges because laws often change. Each case hinges on specific details: the amount of drugs, the type, and where they were found. These factors can significantly alter the outcome of a case.

Legal Strategies for Challenging Evidence in Drug Cases

In drug cases, legal strategies often focus on questioning the evidence presented by prosecutors. Defense teams scrutinize the method of how law enforcement obtained the drugs, ensuring it aligns with legal protocols. If officers did not follow proper procedures, such as having a valid search warrant, the evidence could be considered invalid. Another approach is examining the accuracy of drug tests. Sometimes, these tests can give false positives, or the substances may be handled incorrectly, leading to contamination. Defense teams may also investigate whether the evidence is directly linked to the individual accused. Without clear proof of possession, the charges might not stand. Each piece of evidence can alter the direction of a case, making detailed examination a key part of the defense strategy.

Key Factors That Influence Drug Possession Defenses

Key factors can greatly influence defenses in drug possession cases. One major element is the amount of the substance found. Small quantities might suggest personal use, while larger amounts could imply intent to distribute, which carries harsher penalties. The type of substance also matters; different drugs have varying levels of legal severity. Location plays a role as well; being caught with drugs near a school can worsen charges. Another factor is the individual’s history with the law; first-time offenders might face more lenient treatment compared to those with prior convictions. Additionally, how the evidence was gathered can affect the case—if law enforcement did not adhere to legal rights or procedures, it might weaken the prosecution’s position. These aspects form the foundation of how a defense is constructed and can greatly affect the case’s outcome.

How to Select a Criminal Defense Attorney for Drug Charges

Selecting a criminal defense attorney for drug charges involves careful consideration. Experience is a top factor; look for a lawyer with a track record in handling drug-related cases. It’s beneficial to find someone familiar with the local courts and laws, offering insight into how cases are typically handled in the region. Reviews and testimonials from past clients can provide real-world feedback on an attorney’s performance and approach to cases. Communication style is also important—choose someone who speaks clearly and explains legal matters in understandable terms. Consider their availability; a lawyer who has the time to focus on a case is preferable. Cost is another factor; while not always reflecting quality, it’s important to ensure the fees are transparent and within budget. These considerations can help in finding a lawyer suited to an individual’s specific situation.

Role of Plea Bargaining in Drug Possession Cases

Plea bargaining plays a pivotal role in drug possession cases. It’s a process where the defendant agrees to plead guilty to a lesser charge, or to only one of several charges, in exchange for concessions from the prosecutor. This might include reduced charges or a recommendation for a lighter sentence. Plea bargains can benefit the accused by offering a quicker resolution and potentially less severe penalties than if the case went to trial. For the court system, lawyers help manage the caseload by resolving cases more efficiently. Prosecutors might prefer plea bargains to ensure a conviction and save the time and resources required for a lengthy trial. While plea bargaining can provide a way to mitigate risk for all parties involved, the decision to enter such an agreement depends on the specifics of the case and the strength of the prosecution’s evidence.

Consequences of a Drug Possession Conviction

A drug possession conviction can lead to a range of consequences extending beyond immediate legal penalties. Legally, an individual may face jail time, fines, or probation. The severity of these consequences often depends on the type and amount of substance, prior convictions, and the jurisdiction’s specific laws.

Beyond the courtroom, a conviction can have lasting effects on an individual’s personal and professional life. This situation can limit job possibilities, given that numerous employers carry out background investigations and often show reluctance to hire individuals with a history of drug-related convictions.. Educational prospects can also be affected, with some colleges and scholarship programs considering criminal history in their admissions and funding decisions. There can be social repercussions as well, impacting relationships and community standing. A drug possession conviction can affect housing options, as some landlords may not rent to individuals with a criminal record. There are also potential impacts on civil rights, including voting and gun ownership.

Preparing for Trial: Steps to Take When Accused of Drug Possession

Preparing for trial when accused of drug possession involves several critical steps to ensure a robust defense. Initially, documentation of all events related to the charge is important, including times, dates, and interactions with law enforcement. Gathering evidence might aid in defense, such as texts, emails, or witness statements, is also crucial.

Legal representation should be secured promptly. A defense attorney can provide guidance on the rights of the accused and the intricacies of the legal process. The attorney will review the charges and evidence, advise on the strengths and weaknesses of the case, and may engage in pretrial motions to suppress evidence or dismiss charges if appropriate procedures were not followed.

An understanding of the charges and potential outcomes is essential. The accused should work closely with their attorney to develop a defense strategy, which may involve challenging the prosecution’s evidence or presenting an alibi. Participation in pretrial hearings will be required, during which the defense can argue for bail conditions, negotiate plea bargains, or address other legal issues.

Finally, the accused should be prepared to make decisions about whether to accept a plea offer or proceed to trial, and if going to trial, whether to testify in their own defense. These decisions should be made in consultation with their attorney, considering all available evidence and the potential risks and benefits.

Call 504-523-6496 or contact our expert team for a free consultation. 

Marijuana remains illegal for any resident of any age in Louisiana. That means there are also legal penalties for college students, as well as short- and long-term consequences that will affect their future, post-graduation, for any amount of possession. Despite that, smoking marijuana is even more common than drinking alcohol on some campuses.

Take, for example, a college sophomore at LSU whose fast-track path to a promising future came to a halt after she was arrested for possession of four ounces of marijuana found after a search of her dorm room in 2019. The student was arrested for possession with intent to distribute marijuana and possession with intent to distribute marijuana within 2,000 feet of a school, a drug-free zone, and possession of paraphernalia. 

While all charges were dropped, as a past offender, she still faces having her arrest record on job applications and grant applications. Other past offenders like this may also have to struggle with jail time, fines, and a tarnished record that could limit future opportunities after their release.

What Happens Directly After a Marijuana Possession Arrest?

Once one of the strictest states in the country for drug possession penalties, Louisiana reduced these consequences in August 2020 in a movement toward more decriminalization of minimal amounts of possession, but they are still substantial, which include: 

• A maximum fine of up to $300 and up to 15 days in jail for possessing 14 grams or less of marijuana, which is a misdemeanor
• A $100,000 fine and a five- to 30-year jail sentence for possession of over 60 pounds of marijuana 
• Up to $50,000 in fines and five to 30 years of imprisonment for distribution or non-medical sale of marijuana of any amount
• The marijuana possession charge listed on the offender’s permanent record

Specifically, in the city of New Orleans, City Council voted to decriminalize simple marijuana possession of under 14 grams. Smoking marijuana in public is still illegal. Offenders will receive a ticket for violating the Smoke-Free Air Act.

Violators who are college students also need to consider the negative impact these consequences could have on their college career and beyond, such as their government-funded student aid, which pays for tuition, to be revoked. And, if the student is forced to spend time in jail, that absence from school could land them on academic probation, which could lead to a late graduation.

What are the Long-Term Consequences of Marijuana Possession?

For college students who have a marijuana possession charge on their criminal record, it could affect them long into their future off-campus. Keep in mind that misdemeanor drug convictions stay on a record and are available to the public for three years before they can be expunged. Felony convictions linger on a record for public view for five before they can be expunged.

More long-term impacts, post-college graduation, include lower chances of:

• Getting accepted into graduate school
• Getting approved for a rental contract
• Getting approved for a house, car, or student loan
• Getting hired for a job, when a potential employer runs a background check (particularly in law enforcement, legal positions, medical field, commercial driving, or jobs dealing with children)
• Getting child custody

Non-Legal Consequences of Marijuana Possession for College Students

In the wake of the legal repercussions of marijuana possession charges, college students must also face the consequences that will blow up their personal and professional lives, plus cause mental health issues and added stress from court hearings and legal penalties.

More detailed consequences that stem from marijuana possession include:

School Suspension

Depending on the university, there may be a code of conduct requirements for all students to follow to stay enrolled in school. A student’s possession charges may violate this code, which could result in suspension or expulsion from the school – and this often happens without a tuition refund.

Forfeit of Financial Aid

Student grants, loans, or financial aid may be revoked upon a marijuana possession charge, leaving the student with the possibility of losing out on earning their college degree or losing their scholarship privileges.

Loss of Student Housing

Whether they live on or off campus, students may be evicted from their dorm room by the school or a rental by the landlord if they have a criminal record because of a drug charge. Their criminal record may also affect their credit score and ability to rent an apartment or get approved for a home loan in the future.

A Dead-End Career Path

If a student had career goals of becoming a doctor or going into the medical field, being an attorney, or other professions, this drug conviction could deflate that direction in the future because these careers require a professional license.

How Criminal Records Can Be Expunged

Criminal records in Louisiana can be expunged, which wipes the slate clean for those who have committed a drug crime and means that the general public will no longer be able to review the marijuana charge or arrest.

The judge will consider a few of these factors when deciding whether or not to expunge a criminal record:

• The circumstances involved in the drug possession charge
• How long it has been since the arrest, drug charge, or conviction
• Any dangers there may be to the community if expunged

Marijuana Laws and Arrest Stats: Now and the Future

Marijuana laws in Louisiana are constantly changing, with a movement toward more decriminalization of possession, or the lessening of charges for having a minimal amount of the drug. But, remember, marijuana is still illegal in the state. One misstep could affect someone’s life for a long time after their college years, choking out any potential opportunities for their future.

According to a 2020 report by the American Civil Liberties Union (ACLU), more people are arrested for marijuana than any other drug, with nearly 90 percent of those arrests for possession alone. Comparing this statistic to data from 2018, this translates into an estimated 39 out of every 100 drug arrests for possession of marijuana.

Similar to regular THC, Delta-8-THC has demonstrated medicinal and recreational benefits. Federal law permits the purchase of Delta-8-THC goods both in-person and online. Normally, Delta-8 falls under the same state rules that govern cannabis. Four additional states are now examining the legality of Delta-8 THC, which is currently prohibited or limited in 21 U.S. states.

Law enforcement agents are somewhat in a tough spot about what to do if they suspect someone has ingested Delta-8 before or while driving. There is no fail-proof way to test for THC or Delta-8, which makes it difficult to regulate and govern use while operating a vehicle. The best way to avoid any trouble is to never use a cannabis product while driving. 

What is Delta-8? 

The psychoactive compound Delta-8 tetrahydrocannabinol, sometimes referred to as Delta-8 THC, is a component of the Cannabis sativa plant, from which hemp and marijuana are derived. One of the more than 100 cannabinoids that the cannabis plant naturally produces, Delta-8 THC is not present in high concentrations in the cannabis plant. As a result, cannabidiol produced from hemp (commonly called CBD) is often used to produce concentrated levels of Delta-8 THC. 

The FDA is aware of the escalating worries regarding goods containing Delta-8 THC that are now being sold around the country. The FDA has not examined or cleared these items for safe use in any situation. Furthermore, some of these goods may simply be referred to as “hemp products,” which may confuse customers who mistakenly believe that “hemp” means “non-psychoactive.” It is against federal law when unapproved products with unsupported therapeutic claims are sold, and since these items have not yet been shown to be safe or effective, they may also put consumers in danger.

Delta-8, just like any THC, can cause a certain high or intoxicating effect when consumed. Due to this, there is a certain level that is deemed safe for users. Though, there is not a standard that is safe for operating a vehicle. 

Legal Doses of Delta-8

Delta-8 is less potent, and it will not have as strong of an effect on a person as marijuana THC does. Even more advantages of Delta-8 THC may exist for people. Many users report fewer anxiety symptoms, pain alleviation, nausea relief, and many other benefits.

Some people might believe that Delta-8 can be administered in the same manner as a CBD dosage. Though a valid thought, this train of thinking is typically wrong. Finding the ideal serving size for Delta-8 depends on a variety of different factors. CBD is a non-psychoactive cannabinoid, whereas the less strong version of THC (Delta-8) is psychoactive, which means a high or intoxicating feeling may occur. While the two serving sizes are comparable and both come from hemp, they should not be treated the same. 

As to the legal limit, there is no “limit” that the law provides. Delta-8 is not governed by any controlling body, which means there are not many sanctions around it, included with does. We encourage readers to engage in conversations with their doctor when considering whether or not to consume THC or Delta 8. Understanding the potency and what is best for the body is important. 

Being Pulled Over While Under the Influence of Delta-8

Delta-8 THC is a psychoactive chemical that can make it difficult to drive, even though it is legal to ingest in Louisiana. There may be consequences for driving while using or impaired by Delta-8 THC that are similar to those for driving when intoxicated by alcohol or other substances. So it’s preferable to err on the side of caution and never use Delta-8 THC while operating a vehicle.

Any form of intoxication makes it illegal to operate a vehicle in Louisiana. According to the definition of being under the influence, a person must not have any intoxicants or drugs in their system that would impair their mental or physical faculties or cause them to lose control. This includes all of the aforementioned types of THC, such as Delta-8.

When it comes to marijuana DUIs, the issue is how the State proves that a person is too intoxicated to operate a motor vehicle if the blood test results show that delta-9 is present. Although a blood test often does not detect Delta-8 THC or comparable chemicals, the low amount below may cause you to test positive for delta-9 marijuana. The products only contain 3% THC.

Even though there may be no exact way to test for Delta-8, if the police feel that a person is intoxicated in any manner and it is affecting their driving, they have a right to pull a person over and test for any substances. 

Having Delta-8 in the Car

No state has transportation regulations regarding Delta-8. Many states have laws about transporting THC, but Delta-8 has not fallen under that list. Therefore, it is deemed legal to have Delta-8 in the car. However, it is typically governed the same way as marijuana, and users must keep the product in the original container. It must be sealed and out of reach of the driver. 

Though, because there is not a specific law and more of guidelines for having Delta-8 in the car, it would not be illegal for a person to be carrying Delta-8 on them while driving or in a car. 

State Laws Regarding Delta-8 and Marijuana 

There are no state laws for the controlled use of Delta-8. So, state officials will typically turn to what the marijuana laws say. 

Louisiana has yet to enact a state law legalizing marijuana use for recreational users. However, the governor has recently signed a series of bills that decriminalize possession and broaden existing laws. Marijuana purchase and use is legal for all medical card holders. 

The new laws under these bills were meant to go into effect on August 1, 2022. The biggest development in marijuana law in Louisiana is the protection of medical marijuana patients in the workplace. 

Criminal Defense Lawyers at Stephenson, Charvarri & Dawson, L.L.C. 

Being pulled over after consuming Delta-8 could result in serious charges, and every person should know their rights. It is important to understand the laws governing Delta-8 and other related products. Discussing these rights and laws with an attorney can help keep roadways safe. 

Driving under the influence (DUI) of drugs or alcohol is a severe offense in Louisiana. A DUI charge can inflict all sorts of penalties against a motorist, including criminal charges, civil charges, and suspension or revocation of a driver’s license. However, many motorists do not always see the impacts of a DUI charge directly. A common form of penalty is rate hikes on a motorist’s car insurance premiums.

What are DUIs?

Motorists should generally understand that operating a motor vehicle while intoxicated is against the law. However, it is essential for drivers facing DUI convictions to comprehend the factors of a typical DUI case.

Under Louisiana state law, a motorist can be charged with a DUI under one of the following circumstances:

• The motorist’s blood alcohol level is .08% or greater.
• The motorist is operating a motor vehicle while intoxicated with a controlled substance (for example, drugs like marijuana, cocaine, or heroin).
• Operating a motor vehicle while under the influence of alcohol and certain legal narcotics like painkillers or anti-anxiety medication.
• Operating a motor vehicle while under the influence of alcohol.

A law enforcement official may pull over a motorist they suspect is driving under the influence. Under the plain view doctrine, a law enforcement officer can legally search a vehicle and commence an in-the-field sobriety test if they observe open containers of alcohol or drug paraphernalia by looking into the vehicle or smell odors like alcohol or marijuana emanating from the vehicle.

DUI Penalties

Many DUI penalties are based on the facts surrounding each case. However, common DUI offenses include the following penalties:

• First Offense: Up to six months in jail, fines of up to $1,000, and probation, including the possibility of a driver’s license suspension.
• Second Offense: Up to six months in jail, fines of up to $1,000, and a minimum of six months of probation, including driver’s license suspension.
• Third Offense: Up to five years in jail, fines of up to $2,000, and driver’s license suspension with probation and substance abuse treatment.

Other penalties can include increased jail time and fees, depending on the circumstances of the DUI charge. A court may also revoke a license, impound a driver’s vehicle, and take ownership of a vehicle through civil forfeiture.

SR-22 Licenses

When a motorist incurs a DUI charge, insurance providers almost always want to eliminate coverage or require the motorist to change their policy. Therefore, upon notification of a DUI charge, an insurance provider usually requires the motorist to obtain an SR-22 License from the Louisiana Office of Motor Vehicles (LOMV).

What is an SR-22 License?

An SR-22 License is a supplemental certificate demonstrating a motorist’s financial accountability to pay for the insurance policy. Most DUI charges in Louisiana include suspending the motorist’s driver’s license. Once this occurs, a motorist may still operate a motor vehicle but must obtain an SR-22. Insurance companies will still insure drivers with an SR-22 License but will likely charge higher premiums.

How Long Do Motorists Keep Their SR-22 License?

The duration of SR-22 Licenses varies between the factual issues presented in many DUI cases. However, many states, including Louisiana, require a driver whose license has been suspended due to a DUI charge to maintain an SR-22 License for three years.

Suppose, at any time, a motorist cannot maintain insurance coverage (for example, unable to pay premiums). In that case, the insurance company must contact LOMV, which may revoke the motorist’s SR-22 License.

Duration of an SR-22 License

Although many Louisiana motorists will find themselves holding an SR-22 License for at least three years, this is not always the case. Below are typical examples of SR-22 Licenses being issued for varying durations depending on the circumstances that led to a DUI conviction:

• 6 Months: Some first-time offenders may only need to hold an SR-22 for no more than six months.
• 9 Months: A motorist that has prior convictions (DUI or not) committed personal injury or property damage because of the stop that led to a DUI conviction, aggravating circumstances during the stop, or blood-alcohol levels of 0.15% or more, can result in the suspension of the driver’s license for at nine months.  
• A year or more: motorists may have their driver’s licenses suspended for at least a year if their blood alcohol level is 0.20% or more and may require an Ignition Interlock Device (IID), requiring the motorist to use a breathalyzer to activate their vehicle.

Car Insurance Premiums After a DUI Charge

DUI charges can wreak havoc on a motorist’s driving records, which can cause all sorts of headaches in the months and years after a conviction. One of the most common issues motorists encounter after a DUI charge is inflated prices on car insurance premiums. Insurance companies excel at compiling massive amounts of data on drivers to set insurance rates. As a result, car insurance providers can lawfully increase car insurance premiums of a driver convicted of a DUI charge.

By the Numbers

Based on data last updated in August 2021, Insure.com has compiled the following statistics regarding Louisiana car insurance premiums once a driver has been convicted of a DUI:

• Average yearly car insurance premium before a conviction: $2,228.
• Average yearly car insurance premium after a conviction: $3,292.
• Percentage increase: 48%.

Finding Insurers

Some insurers automatically deny drivers deemed as “risky” car insurance coverage. Other insurers may only offer simple liability to ensure other motorists and pedestrians are covered in case of an accident. Drivers with a DUI conviction may obtain comprehensive coverage but will likely have to pay an additional premium on that coverage.

How Long Does a DUI Charge Stay on a Driver’s Record?

Unfortunately, drivers with a DUI charge in Louisiana will maintain that record for at least ten years. However, Louisiana does allow drivers to wipe DUI convictions from their driving record, generally referred to as record expungement. Interested drivers should contact a record expungement attorney for advice on clearing a DUI charge from their record.

Driving under the influence can have disastrous consequences on the lives of victims of accidents, along with those convicted of the crime. This charge is largely looked down upon in society but oftentimes does not tell the whole story. It is important to remember that DUI cases may include controlled substances and drugs such as marijuana. However, this has presented logistical and ethical challenges to Louisiana courts. Understanding the flaws in cases such as these that happen every day on Louisiana roadways is critical as attorneys fight to defend individual rights in a court of law.

DWIs and Their Repercussions in LA

Driving under the influence, more commonly known as a DUI, is a serious charge in every state in the nation. Louisiana oftentimes refers to this offense as a DWI and has heavy consequences for those convicted of the charge

A DUI offense includes fines of up to $1000 and up to six months in jail. Additionally, certain circumstances can have your license suspended for anywhere from 12 months to four years. This is one of the most devastating consequences of a DUI charge as many people rely on personal automobile transportation to get to and from work, the grocery store, and all other services needed in day-to-day life. A second DUI offense may even restrict your license for an extended period of time. 

A third DUI conviction is considered a felony, meaning it must be listed on future job applications and many other forms of official governmental documentation. This offense is worth up to $2000 in fines and five years in jail, in addition to a license suspension, restricted driver’s license, and the attendance of court-approved drug programs.

As can be easily seen, a DUI conviction is detrimental to the life and well-being of oneself and their family. While it would be expected that this reality would cause police officers and law enforcement to use the utmost scrutiny when dealing with these offenses, this is hardly the case. Marijuana DUI convictions are in need of intense review in the state of Louisiana.

Field Testing, Full of Faults and Fiction

The primary concern regarding wrongful convictions is the field testing for marijuana used by police officers after pulling over someone they suspect of driving while under the influence. As previously mentioned, this charge can include the use of marijuana, a controlled and illegal substance in the Bayou State.

Field drug tests have rampantly taken over the news in recent years. With half of all federal inmates and 16% of all state prisoners serving time for drug convictions, the question of false positives on field drug tests is one that has been brought to light time and time again. This can happen in a myriad of ways for a number of different drug tests, including those for hard drugs like cocaine and methamphetamine. A study conducted by the Marijuana Policy Project showed how Tylenol PM tested positive for cocaine, while Hershey’s chocolate tested positive for marijuana. Even more damning, the consumption of Mucinex has even been shown to lead to a false positive for heroin and morphine.

As a comparison between field tests and expertly-tested laboratory tests has shown that approximately 21% of drug-related field tests contacted by the police are false positives, the question of marijuana testing for a DUI in Louisiana is one that must be re-examined. Recently, NBC Washington reported that the field tests are unable to distinguish between CBD, a legal substance with health benefits, with THC (the illegal chemical in marijuana). This has brought some states, such as Virginia even to halt field testing to avoid sending innocent citizens to prison.

These two-dollar roadside tests have changed little since their inception in 1973. In fact, no central agency regulates the manufacture or sale of these tests, and little to no documentation is kept on them. The National Bureau of Standards furthermore warned that these tests are unreliable and should not be used to predict usage of controlled substances as they have been noted to test positive for over 80 substances, including common household cleaners. National surveys have even shown that 9 out of 10 jurisdictions accept guilty pleas that are solely based on field tests, a huge issue as most people convicted of drug-related crimes plead guilty in order to avoid longer sentences and heavier fines.

The Mother of a Disabled Child Put Away for a False Positive

One of the stories follows that of Amy Albritton. Albritton manages an apartment complex in Monroe, Louisiana. However, her ability to take care of her business and her disabled children would be changed forever after two cops pulled her over. The 43-year-old woman was accused by Officer Duc Nguyen of keeping a needle in the car’s ceiling lining. She was pinned against the car, and a search commenced. Officer Nguyen was skeptical of a crumb he found on the floor of the car. He accused her of shooting up crack cocaine and eventually decided to conduct a field test on a box of BC powder, a common over-the-counter pain reliever. As stated, this test, should it turn blue, would it indicate the presence of crack cocaine. Despite Albritton’s confusion and protests, the veil turned blue despite containing no trace of cocaine.

Albritton’s world fell apart when she was told that she would be charged with possession of crack cocaine. This would land her a felony and substantial absence from her disabled child’s life. She was told if she would plead guilty she would receive a 45-day sentence in county jail, ultimately swaying her to accept the deal for her family.

Taking Back the Rights of Those Wrongfully Convicted

This exact same situation happens to many Americans across the nation. Louisiana alone sees an enormous number of drug convictions, with marijuana being the largest. Furthermore, certain attorneys are unwilling to stand up for their clients. As in the case of Albritton’s lawyer, they failed to challenge what was a wrongful conviction on the part of the Louisiana courts. Fortunately, there are many other attorneys who have the best interest of their clients in mind, fighting for justice in any way that is necessary.

Most college students devote the majority of their days to attending classes, studying, and social activities. Some students may even work part-time while still in school. Long hours of study, financial obligations, and the pressure of graduation and finding a job all weigh on a student and bring added stress.

Hanging out with friends or going to a party is a common approach for students to release stress. This is completely normal and welcomed at most colleges. However, some students make unwise decisions, such as driving while intoxicated.

Most people might not give much thought to drinking and driving. Some may argue that if only a few beers were consumed with some food, a person is fine to drive after drinking. Some individuals may be fine to drive. However, if you risk it and are pulled over by an officer, they are likely to write a ticket for a DUI, which can have severe implications on a college student’s life.

Educational Implications of a DUI 

A conviction, or even a DUI charge, could affect a student’s academic status. Criminal charges are usually brought to the attention of the proper staff at schools. Otherwise, even if a charge does not result in a conviction, the school may suspend or expel someone who keeps quiet about the charges, depending on the school’s policies. A conviction results in a criminal record and may result in automatic expulsion.

Even if the student is permitted to continue with their schooling, he or she may lose scholarships, grants, or financial aid. Alcohol counseling may also be required of the student. It’s also possible that the student may lose his or her student housing, and if he or she is a member of a sports team, he or she would have to leave the team or suffer a significant suspension from sporting activity. Furthermore, many higher education institutions do not accept students with criminal records, thus a student’s plans to transfer to a different school may be thwarted.

Financial Aid Implications of a DUI 

A FAFSA (Free Application for Federal Student Aid) is required to apply for federal student aid through the government. DUI offenses are not asked about on the FAFSA, but drug convictions are. So a person will likely not have to worry about losing their financial aid if they are convicted of driving under the influence of solely alcohol. Though, if the financial aid was obtained through the school or another resource, the student may be at risk of losing such aid.

A student’s financial aid may be jeopardized if they are caught driving under the influence of drugs and authorities discover narcotics in the car. It’s usual for the motorist to be charged with a drug DUI and drug possession in these situations. A student’s financial aid may be affected by a marijuana possession charge, as well. 

Implications Outside of School 

Criminal convictions, such as a DUI, make it more difficult to do everyday things like applying for a job or renting an apartment. Another area where a DUI record can stifle a student’s potential is when applying for financing outside of school (purchasing a house or car). Many tasks that most people take for granted may be far more difficult or even impossible for a student with a DUI on their record. 

A DUI conviction, or even a charge with no subsequent conviction, can pose numerous issues in the life of a college student. Some concerns, such as a loss of potential income and a lack of employment, are direct results of a conviction, but the indirect ramifications of these primary consequences can be just as damaging.

Underage DUI in College 

The majority of college students reach 21 during their junior year, but many freshmen and sophomores can’t wait to start drinking. However, many people are unaware of the potential consequences of Louisiana’s zero-tolerance statute for underage alcohol consumption and DUIs.

Individuals under the age of 21 who are detected possessing or ingesting alcohol face a 6-month suspension of their driving rights, a maximum $2,500 fine, and up to a year in prison. Those found driving under the influence face the same penalties, as well as a suspension of their driving rights for at least two years. If they have many offenses or are caught transporting alcohol, they may face additional penalties and suspensions.

Students over the age of 21 who are charged with DUI face identical penalties, but their driving privileges are not suspended as severely. Older students should not allow younger classmates to drink in their homes, as this can result in a Class 4 felony if serious injuries result. Louisiana state police are constantly on the lookout for underage drinkers on college campuses, especially when they know that the average college student is likely to be underage. 

Implications of a DUI on Louisiana College Students

Students who receive a DUI may face disciplinary action at their university in some Louisiana colleges. A student may only face modest sanctions, such as an alcohol safety course or a temporary suspension from school activities, depending on the board’s decision. Universities, on the other hand, have the authority to place students on probation or suspension and even expel them in some circumstances. 

For instance, the LSU Code of Student Conduct contains a broad provision of conduct that might apply to a DWI arrest. It is a violation of LSU policy for a student to break the law on school grounds or in other locations that have a significant impact on the University’s interests.

The conclusion of a Dean of Students Office investigation determines the type of discipline you will receive for violating the Code of Student Conduct. Violations may result in a minor sanction, such as probation, but they can also result in suspension or expulsion. Students who live on campus may be evicted from their residence halls. Finally, in addition to any disciplinary sanctions, the University may require you to complete a compulsory educational intervention program.

Contact the Personal Injury Attorneys at Stephenson, Chavarri & Dawson, LLC

Our criminal defense attorneys are dedicated to protecting your rights as you move through the criminal justice system. To speak with one of our criminal defense lawyers, contact Stephenson, Chávarri & Dawson, LLC.

Our attorneys are members of the National Association of Criminal Defense Lawyers (NACDL), the Louisiana Association of Criminal Defense Lawyers and the Hispanic Lawyers Association of Louisiana.

DUI convictions carry stiff penalties in Louisiana. For example, a first-time DUI conviction in the state carries penalties that include fines of up to $1,000, incarceration for up to 6 months, the requirement that the defendant perform community service, and a driver’s license suspension of up to two years, with an interlock ignition requirement for the first year after the license has been reinstated. The penalties for subsequent alcohol-involved traffic offenses are worse.

Additionally, through an interstate compact, Louisiana and other states share information about alcohol-related traffic arrests. What this means is that if you are convicted of a DUI in another state, this information will be shared in your home state and could impact the severity of the penalties you face.

An experienced New Orleans DUI attorney can assist you in your case, ensuring that your rights are protected and leveraging their experience and knowledge of the criminal investigations process to reduce or even eliminate the penalties you face, if possible. However, there are important actions that you can take for yourself that will go great lengths in upholding your constitutional rights during the criminal process.

Know Your Rights

If you’re stopped on suspicion of DUI, you can be subjected to three levels of police encounters: 

• Consensual encounters occur when the police approach you without any legal basis to ask questions. Your Constitutional rights allow you to either choose to answer the questions or to refuse the questioning. If you are unsure as to whether the interaction is consensual, ask the officer if you are free to leave. If they say no, then the encounter is no longer consensual.

• An investigative detention occurs when the officer stops you on suspicion of committing a crime such as a DUI. The officer must provide you with a reason as to why you are not free to leave. During an investigative detention, if the officer requests your ID, you must provide it. You must also provide proof of insurance or other documents as requested and that fit in the scope of the officer’s stated reason for detaining you. However, you do not have to consent to a search of your car or your personal belongings, and if the officer asks if you are drinking, you do not have to answer that question.

• An arrest occurs when the officer has probable cause to believe that you have committed a crime. In this circumstance, you are not free to leave and you must provide the officer with basic information upon request. However, you do not have to answer the officer’s questions and you can request to speak to an attorney. Additionally, you are not required to submit to field sobriety testing or a handheld breath test. However, you should be aware that refusing to take a sobriety test can result in a 180-day suspension of your driver’s license, and the interlock requirement.

Be Respectful

Refusing to answer a police officer’s questions when stopped on suspicion of DUI does not mean being rude to the officer. Rudeness will not help your case, and can even result in needlessly escalating the situation surrounding your arrest, which can lead to additional charges. This is not the time to passionately argue your case. Keep your tone mild and remain respectful throughout the investigation, while only offering the information you are required to give.

Obtain an Attorney

Obtaining an attorney is one of the most important steps to take after you have been arrested on suspicion of a DUI, as it provides a pair of legal eyes that can help you ensure that your Constitutional rights are protected while also helping you to avoid the legal missteps that lead to convictions. Some of the services an attorney can provide in a DUI case include:

• Legally challenging the results of field sobriety, as well as bread, blood, or urine alcohol tests.

• Challenging the initial reason why the officer stopped you, as well as the actions the officer took during that stop.

• Protecting your Constitutional rights throughout the entire case.

• Negotiate a plea bargain that can reduce the charges you face or the penalties you incur as a result of the conviction in exchange for a guilty plea.

• Litigation services, including presenting your case in court.

• Guidance about all matters in your case, including the penalties that drivers commonly face when pleading guilty before a judge in New Orleans and other information that can help a client make decisions on the direction of their case.

Attend an Administrative Hearing about Your Driver’s License Suspension

While protecting your rights during the investigation of suspected DUI, your attorney will also be working on your driver’s license suspension, which will be in place as soon as you are arrested. You will have 15 days to attend an administrative hearing, in which the Louisiana Department of Motor Vehicles will have to prove that the suspension was lawful. Failing to attend this hearing can result in an automatic suspension of your driving privileges for at least 90 days.

In many cases, an attorney can help you apply for a hardship license. This is a temporary license that is granted — often with interlock provisions — so that the driver can continue to drive to work and attend to life responsibilities while awaiting trial for a DUI conviction, or after they have been convicted and are serving out their sentence.

Trust Your Attorney and Stay Out of Trouble

If your attorney is working on a plea bargain on your behalf or you have entered a plea agreement, ensure that you perform all of the tasks that are asked of you. This can include finding employment, attending alcohol education courses, enrolling in an alcohol treatment program or other provisions that show you are taking responsibility for the conviction. Additionally, stay out of trouble so that your legal worries are not compounded by additional charges.

Have you been arrested for DUI in New Orleans? Let an experienced criminal defense attorney from  Stephenson, Chavarri & Dawson, L.L.C. help you find a path forward. For a free case evaluation, contact us online or by calling 504-523-6496.

 

In today’s world, you’re more likely to encounter a teen who owns a cell phone than one who doesn’t. In fact, according to a recent report, over half of all children in the United States have a cell phone by the time they turn 11, and a whopping 84% of all teenagers have their own phone. For parents, cell phones can provide security by allowing them to stay in touch with their children when they are away and allow them to feel they are giving their teen a little bit of freedom. For teenagers, cell phones can represent a way to connect with friends, play games, and get on social media. But what happens when teenagers use these devices for risky or dangerous behavior?

Sexting is a serious problem among teenagers across the United States and involves the transmission of sexually explicit content, including videos, photos, or language, by means of an electronic device. DoSomething.org reports nearly 40% of teenagers have sent or uploaded a sexually explicit message and 15% of teens have sent a nude picture of themselves. And while this behavior may seem innocent to teens who engage in it, any teen who sends or receives sexually explicit content in Louisiana is breaking the law and may face legal consequences. If your teen has been charged with sexting, it’s important to seek legal advice. To learn more or to speak to an experienced attorney, contact Stephenson, Chavarri & Dawson, LLC at 504-523-6496.

Shocking sexting statistics

As parents, we do our best to protect our children. Unfortunately, it’s impossible to monitor everything they do. With advances in technology and increasing usage of mobile devices, more and more teens are participating in sexual activity online and exchanging sexually graphic material. This disturbing trend has led to changes to state and federal laws aimed to protect our children. As a parent, the more you know, the more you can educate your child and help them make smart choices. Recent research has found:

• 70% of teenagers sexting do so with their partner.

• 12% of teen girls who have reported sexting did so because they felt pressured. 

• Approximately 1 in 8 teens has had an explicit text forwarded to someone else without their consent and 1 in 12 teens has forwarded a sext without the other person’s consent. 

• Only 8 states currently have laws in place regarding teens and sexting. 

Sexting and the law

If you live in Louisiana and have a teenager, it is important to understand the law regarding sexting. When it comes to grown adults, sexting is an activity that is at the discretion of the parties involved. Anyone over the age of 17 can send and accept sexual content to another person over the age of 17. The law is not the same for minors.  Louisiana is one of the few states that have laws specifically prohibiting the dissemination and acceptance of sexual material between minors. According to Louisiana law, no person under the age of 17 shall send an “indecent depiction” of themselves to another person, nor shall they accept an indecent depiction sent by another person under the age of 17. 

Specifically, the law finds:

• Indecent depiction is defined as any “photograph, videotape, film, or other reproduction of a person under the age of seventeen years engaging in sexually explicit conduct.”

• Sexually explicit conduct includes: “masturbation or lewd exhibition of the genitals, pubic hair, anus, vulva, or female breast nipples of a person under the age of seventeen years.”

Under the law, both the sender and the recipient can be found guilty of a crime, punishable by a fine of no less than $100, imprisonment of no less than 10 days, or both. Consequences can go up for each subsequent offense.

Special considerations when one party is 17 or older

Louisiana’s sexting laws only apply when both parties are under the age of 17. If the sender or recipient is at least 17 years old, they may be subject to child pornography charges. It’s very important to understand that it does not matter if the person under the age of 17 gave consent or if the adult was unaware of the minor’s age. Further, Louisiana does not have a close in age exemption, meaning a person 18 found guilty of sexting a person under 17 may face felony charges. The consequences for these charges are severe and can include substantial jail time and/or fines. 

What to do if you or your teen are charged with sexting

Cases involving minors under the age of 17 are often referred to family court. However, that does not mean that these are not serious charges. Sexting offenses stay on a person’s criminal record unless they are expunged. While your teen may see their offense as a minor inconvenience, it is one that can follow them throughout their personal and professional life. 

If your teen is accused of sexting, or if you are facing more serious child pornography charges, it is important to contact an experienced attorney right away. Do not admit to anything and do not hand over any electronic device without talking to an attorney. Once you meet with your attorney they will advise you of your rights and help guide you through the next steps. If you already have a sexting conviction on your record, an attorney may be able to help you get your record expunged. 

Contact an attorney you can trust

At Stephenson, Chavarri & Dawson, LLC, our job is to fight for our clients. If you or your teen is facing a sexting charge, it is important to speak to an experienced legal professional right away. If you believe your child is sexting, talk to them and make sure they understand the law. Don’t let a mistake define your child’s future. To learn more or to speak to an attorney, contact our office at 504-523-6496 or visit us online to schedule an initial consultation. 

 

If you or a family member is facing serious criminal charges, you should have a skilled and knowledgeable criminal defense attorney on your side, fighting on your behalf. However, before you pick just any attorney to take on your case, you need to understand that hiring a criminal defense law firm is one of the most important decisions you can make. That is why, in this blog post, we will discuss some of the more critical factors you need to consider in your search for the right counsel.  

Find a Criminal Defense Lawyer with Experience

One of the first things you want to discuss with the lawyer is the years of experience they have successfully helping people face criminal charges and defending clients facing the specific criminal charges you are dealing with. This is important because you want to retain a law firm that not only has experience handling criminal cases in general but a law firm that is familiar with the type of criminal charges you are facing so that they already know how your kind of case is likely to be handled. 

Research their Reputation

It is also critical to research the attorney’s reputation. In some instances, lawyers are known to take on high-profile, challenging, and complicated cases. While others take on less complex issues and claim that they rarely lose. For these reasons, it is a good idea to learn more about the lawyer’s reputation by researching testimonials, publications, and reviews to better understand what clients thought of the attorney, the type of cases they handle, and how they are known for handling each case. 

Figure Out if You Are Hiring Just One Attorney or a Team

Before hiring a law firm, you will want to know if they employ multiple experienced criminal defense attorneys and whether they all will collaborate on your case. Criminal defense matters can often get quite complicated. When you hire a law firm with multiple lawyers who have criminal defense experience, it can allow the lawyers to work together to plan your defense and prioritize your case. 

Verify How They Will Communicate with You

Communication is key in criminal defense cases. Going through the criminal process is already stressful. You want to make sure to find an attorney that will be there for you when you have a question or need to discuss an issue. That is why you want to retain a law firm that makes it easy for you to reach them.

When talking about your case with a potential criminal defense lawyer, consider asking about the following:

• Their business hours.

• Do they have a lawyer you can call if you have an emergency?

• Is there an individual (whether attorney or paralegal) that you can reach out to for updates on your case?

Consider Your First Impression

Sometimes no matter how many reviews you read, your first impression will be vital in determining whether the attorney is a right fit for you. You will want to consider particular factors such as:

• Was it easy to get a hold of the attorney when you called them the first time?

• Did you get the answers to your questions over the phone, or did the office ask you to leave a message?

• Did the lawyer return calls promptly, or did you have to wait a long time before hearing from them?

You want a law firm that understands what you are going through and will be there when you call for help. For these reasons, it is important to consider your lawyer’s responsiveness, as it can be a good indication of how their communication may be during your case. 

Do Not Expect a Guarantee From Them

Facing a criminal charge is stressful and overwhelming. Unfortunately, some firms may try to take advantage of this fear and your vulnerable state by guaranteeing you a specific result. However, no matter how much you may want to believe this lawyer when you hear a guarantee, it should be a red flag for you. 

No lawyer can guarantee a certain outcome, and making such promises is against the State Bar rules. Each case is unique, and the results will depend on many individual factors that will unfold as the case progresses. That is why if a criminal attorney promises you a specific outcome, it is time to find another law firm that you can trust. 

Compare Costs and Get Everything in Writing

Since the cost of private defense varies, it is crucial to understand what factors will affect the cost of your legal representation. Usually, criminal defense firms will charge based on a number of factors, including:

• The attorney’s reputation

• The seriousness of the charges

• The complexity of the legal case

• The attorney’s experience 

• Whether the case is likely to go to trial

• Whether expert witnesses are required

Make sure you discuss all of these factors, have the lawyers explain how their fees work, and ensure that the law firm provides you with a signed written contract before hiring them.

Additionally, before entering into a professional relationship with the firm, feel free to discuss a fee schedule and payment plan, so you have a better understanding of the terms of your contractual relationship. 

Contact An Experienced New Orleans Drug Defense Attorney Today For More Information

Hiring a criminal defense attorney is one of the most critical decisions you can make. Remember, your freedom is on the line, so you want to make sure you are in capable hands. At Stephenson, Chavarri & Dawson, L.L.C., our senior partner has practiced law for over 33 years, and our partners have at least 18 years of legal experience. We have helped countless clients in their time of legal need, and we are ready to help you. Do not wait any longer. Contact Stephenson, Chavarri & Dawson, L.L.C. online, or call our office at 504-523-6496 about your case, and let our attorneys show you how we can help.