Clients often ask me, “if I’m sentenced to x amount of years, how much time do I actually have to serve locked up.” That is an excellent question because the real-time spent behind bars is more critical to consider than the sentence.
Louisiana’s method of calculating good time and an early release is complicated. The actual amount of time a person serves his sentence depends on a variety of factors.
Most people think that calculating the time a person has to serve is simple, but it’s not. In some cases, people spend time incarcerated beyond their release date due to the Department of Corrections’ failure to understand its own guidelines.
Along with reducing the length of sentences and easing eligibility for drug court, the Legislature changed the calculations of “good time” credit for prisoners.
Under the new law, inmates earn “good time” credits easier, which reduces their time spent incarcerated. The new law significantly increases the “good time” rate for non-violent charges.
Under the most recent legislation, an inmate gets credited 13 days for every seven days they serve incarcerated; this reduces their annual sentence by 130 days. Inmates who are eligible and enroll in drug, educational, or work programs will reduce their sentences even more.
Loyolalawteck provides a “good time” calculator that is helpful and simple to use. The tool is designed to provide general information about a sentence but is not a substitute for legal advice. The Louisiana Department of Corrections is the final arbitrator of a person’s sentence.
The new law also establishes that non-violent and non-sex offense crimes are eligible for parole after serving 25 percent of their original sentence. First-time violent offenders are eligible for parole after serving 65 percent of their sentences.
When Will I Get Released?
Louisiana’s system for calculating inmates’ release dates has created a lot of confusion. It is not uncommon for different Louisiana Department of Corrections employees to determine varying release dates for the same inmates.
It should be unacceptable to the citizens that Louisiana doesn’t have a central computer program to calculate an inmate’s release date. The State has figured out how to calculate and collect residents’ taxes, which is a much more complicated endeavor.
Are people imprisoned past their release date?
Even if all agree on your release date, it doesn’t guarantee you will walk free on that day. It is not uncommon for people to be kept imprisoned well beyond their release date.
A person can be held past their release date for several reasons, but the two most common are:
Failure of communication between the Parish and the Department of Corrections.
Human mistakes when calculating “good time.”
Throughout the State, hundreds of persons are held beyond their release date. Some of these individuals are kept incarcerated for years past the dates they were eligible for release.
The Department of Corrections employees has acknowledged the failure of the system. During a lawsuit, one employee testified that prison staff discovered approximately one case of over-detention per week for the previous nine years.
Calculating your release date is not easy, and the system is broken. These are problems that should be addressed immediately. It should outrage any citizen when a person is confined beyond his sentence.
There is a lack of accountability for over-detaining people. Some inmates that are over-detained file a lawsuit; however, these lawsuits are difficult to win. It’s easy for the Department of Corrections to recalculate inmates’ “good-time” and consider other factors to adjust the actual release date to coincide with a new day.
If you’re charged with a crime or need our assistance in any legal matter, contact our office to speak with an experienced attorney. We have offices in Hammond and Livingston, Louisiana. Call our offices at (225) 686-8006 or visit our website and email us.
In Louisiana, you consent to a breath, blood, or urine test when you operate a vehicle on the roads in the state. This consent is the Louisiana “implied consent” law. If an officer has probable cause to believe you are operating a vehicle under the influence, you must submit to testing. The officer is obligated to inform you that your license will be suspended for refusing the breath test.
What happens if you refuse to take a breathalyzer test? Drivers who refuse a breathalyzer are subject to having their driver’s license suspended, be required to have a restricted license (ignition interlock), fined or be criminally charged. Further, the arresting officer can seek a warrant to have a blood sample drawn.
Before an officer can legally stop a person driving on the roads, he must have “probable cause” for the stop. He’s also required to have a reason for requesting you submit to a blood alcohol concentration test(BAC) and inform you of the penalty for refusing the breathalyzer. An experienced DWI attorney will raise all officer violations with the appropriate authority.
In a nutshell, if you have been drinking alcohol and believe you might be near the threshold of .08 BAC, you may be better off refusing the breathalyzer. In Louisiana, if you take the test or not, you could end up with your license suspended. It is important to note that prosecutors regularly submit to the court evidence of your refusal to take the BAC; they argue that refusal is a sign of guilt. Be aware that if you have refused a BAC test two or more times prior, you may be fined and jailed. .
Possible penalties for refusing breathalyzer:
LicenseSuspensions
First Offense Refusal: If you refused to participate in a blood alcohol test: you could recieve a license suspension of 180 days for your 1st offense.
Subsequent Refusals: If you have refused a BAC test previously you could have your license suspended for 545 days for each subsequent refusal or offense.
If you intend to fight the license suspension, you must apply for an administrative hearing within 30 days of your arrest.
Can You Refuse A Field Sobriety Test?
Yes, an office can not force you to take a field sobriety test. If you don’t want to take a field sobriety test, you should politely decline. You can still be charged with a DUI, but you at least are not providing additional evidence they could use to convict you. Louisiana law enforcement officers generally, use three field sobriety test, they are the Horizontal Gaze Nystagmus Test, The Walk and Turn Test, and The One Leg Stand Test, a person could fail any or all three and alcohol consumption or drug use not be the cause. For instance, a prior leg injury could cause a person to be unstable on one leg. If you find yourself in a similar situation,an experienced DWI attorney is needed. Officers evaluations are not infallible.
What is the legal alcohol limit in Louisiana
In Louisiana, the maximum legal BAC (blood alcohol content) for driving are as follows:
In the State of Louisiana, adult drivers operating a motor vehicle with a BAC 0.08% or more, by weight, of alcohol in his/her blood are above the legal limits of alcohol to drive.
In the State of Louisiana, drivers under the age of 21 operating a motor vehicle with a BACof 0.02% or more, by weight, of alcohol in his/her blood are above the legal limits of alcohol to drive.
In the State of Louisiana, commercial drivers with a BAC of 0.04% or more, by weight, of alcohol in his/her blood are above the legal limits of alcohol to drive.
Possible Penalties if Convicted of DUI in Louisiana
In Louisiana, the particular circumstances surrounding your DUI charge will affect your penalty. For example, enhanced penalties including jail time, enhanced penalties include aggravating factors such as:
1) Committing an offense with BAC of 0.15 or higher
2) Committing an offense with BAC of 0.20 or higher
3) Committing an offense while a minor 12 years of age or younger was in the vehicle;
A 1st Offense DUI DWI Offense conviction is a misdemeanor crime. The penalty for a first offense DUI in Louisiana is:
• You can be fined from $300 to $1,000 fine ($750 to $1,000 if BAC 0.20 or more)
• You could be sentenced to serve time in jail from 10 days to 6 months
• You can have your driver’s license suspended for 12 months drivers license suspension (2 years if BAC 0.20 or more)
• You may be eligible for a restricted hardship driving license immediately, with an ignition interlock will be required for the entire time of applicable suspension period for at least 12 months if convicted with a high BAC of 0.20 or more
• You could have to perform 32 hours of community service and attend a court-approved substance abuse program
• The court could also require you to attend an improved driver improvement program
• You will have to provide an LA SR22 Insurance Requirement (proof of financial responsibility)
A 2nd Offense DUI DWI Offense conviction is a misdemeanor crime. Penalties in Louisiana for a conviction of a 2nd offense DUI DWI are as follows:
• Fines range from 750 to $1,000
• You could receive a sentence of incarceration from 30 days to 6 months in jail
• Your drivers’ license suspended for 24 months (4 years if BAC 0.20 or more)
• You could be restricted to a hardship driving license available after 45 days, and an ignition interlock will be required for the entire time of applicable suspension period
• You may have to complete 240 hours of community service
• You may have to attend a court-approved substance abuse program
• The court could require you attend an approved driver improvement program
• (IID) ignition interlock restriction upon drivers license reinstatement
• You will have to provide an LA SR22 Insurance Requirement (proof of financial responsibility)
A 3rd conviction for a DUI DWI Offense is a felony. The penalties in Louisiana for a conviction for a 3rd offense DUI DWI are as follows:
• You may have to pay a fine of $2000
• You could be sentenced to incarceration from 1 to 5 years.
• Your driver’s license will be suspended for 36 months
• If you enroll in a DWI or sobriety program and you are in good standing, you will be eligible to apply for a restricted drivers license (hardship license) after the passage of 45 days suspension period
• You are required to complete a substance abuse evaluation and treatment programs as ordered by the court.
• You may be required to attend a court-approved substance abuse program
• You may be required to attend a court improved driver improvement program
• You could have your vehicle seized and sold.
• You will have to provide an LA SR22 Insurance Requirement (proof of financial responsibility)
LA RS 32:666 provides as follows:.
§666. Refusal to submit to chemical test; submission to chemical tests; exception; effects of
A.(1)(a)(i) When a law enforcement officer has probable cause to believe that a person has violated R.S. 14:98, 98.1, or any other law or ordinance that prohibits operating a vehicle while intoxicated, that person may not refuse to submit to a chemical test or tests if he has refused to submit to such test or tests on two previous and separate occasions of any previous such violation or in any case wherein a fatality has occurred or a person has sustained serious bodily injury in a crash involving a motor vehicle, aircraft, watercraft, vessel, or other means of conveyance. Serious bodily injury means bodily injury which involves unconsciousness, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty, or a substantial risk of death. The law enforcement officer shall direct that a chemical test or tests be conducted of a person’s blood, urine, or other bodily substance, or perform a chemical test of such person’s breath, for the purpose of determining the alcoholic content of his blood and the presence of any abused substance or controlled substance as set forth in R.S. 40:964 in his blood in such circumstances. The officer may direct a person to submit to a breath test, and if indicated, an additional blood test for the purpose of testing for the presence of alcohol, abused substances, and controlled dangerous substances. A refusal of any such test or tests shall result in the suspension of driving privileges as provided by the provisions of this Part. A physician, physician assistant, registered nurse, licensed practical nurse, emergency medical technician, chemist, nurse practitioner, or other qualified technician shall perform a chemical test in accordance with the provisions of R.S. 32:664 when directed to do so by a law enforcement officer.
(ii) As used in this Section “law enforcement officer” shall include but not be limited to any commissioned local or state police officer, wildlife enforcement agent, sheriff, deputy sheriff, marshal, deputy marshal, or state park warden.
(b) The law enforcement officer shall inform the person who is required to submit to such testing of the consequences of a refusal to submit to any testing as required by this Paragraph.
(c) Any person who refuses to submit to a chemical test as required by the provisions of this Paragraph shall be fined not less than three hundred dollars nor more than one thousand dollars and imprisoned for not less than ten days nor more than six months. Imposition or execution of sentence shall not be suspended unless:
(i) The offender is placed on probation with a minimum condition that he serve two days in jail and participate in a court-approved substance abuse program and participate in a court-approved driver improvement program; or
(ii) The offender is placed on probation with a minimum condition that he perform four eight-hour days of court-approved community service activities, at least half of which shall consist of participation in a litter abatement or collection program, participate in a court-approved substance abuse program, and participate in a court-approved driver improvement program. An offender who participates in a litter abatement or collection program pursuant to this Subparagraph shall have no cause of action for damages against the entity conducting the program or supervising his participation therein, including a municipality, parish, sheriff, or other entity, nor against any official, employee, or agent of such entity, for any injury or loss suffered by him during or arising out of his participation in the program, if such injury or loss is a direct result of the lack of supervision or act or omission of the supervisor, unless the injury or loss was caused by the intentional or grossly negligent act or omission of the entity or its official, employee, or agent.
(2) In all cases other than those in Paragraph (1) of this Subsection, a person under arrest for a violation of R.S. 14:98, 98.1, or other law or ordinance that prohibits operating a vehicle while intoxicated may refuse to submit to such chemical test or tests, after being advised of the consequences of such refusal as provided for in R.S. 32:661(C), subject to the following:
(a) His license shall be seized under the circumstances provided in R.S. 32:667.
(b) If he is a resident without a license or permit to operate a motor vehicle in this state, the department shall deny the issuance of a license or permit to such person for a period of six months after the date of the alleged violation.
(c) Evidence of his refusal shall be admissible in any criminal action or proceeding arising out of acts alleged to have been committed while the person, regardless of age, was driving or in actual physical control of a motor vehicle upon the public highways of this state while under the influence of alcoholic beverages or any abused substance or controlled dangerous substance as set forth in R.S. 40:964. Additionally, evidence of his refusal shall be admissible in any criminal action or proceeding arising out of acts alleged to have been committed while the person under twenty-one years of age was driving or in actual physical control of a motor vehicle upon the public highways of this state after having consumed alcoholic beverages. However, such evidence shall not be admissible in a civil action or proceeding other than to suspend, revoke, or cancel his driving privileges.
(3) In all cases where a person is under arrest for a violation of R.S. 14:98, 98.1, or other law or ordinance that prohibits operating a vehicle while intoxicated who refuses to submit to a chemical test or tests if he has refused to submit to a chemical test on two previous and separate occasions of any previous such violation shall be advised that the consequences of such refusal shall be subject to criminal penalties under the provisions of R.S. 14:98.2.
B. In each instance that a person submits or refuses to submit to a chemical test, after being advised of the consequences of such refusal or submission as provided for in R.S. 32:661(C), the officer shall submit a report in a form approved by the secretary. The officer shall certify that he had reasonable grounds to believe that the arrested person had been driving or was in actual physical control of a motor vehicle upon the public highways of this state while under the influence of alcoholic beverages or any abused or illegal controlled dangerous substance as set forth in R.S. 40:964, that he had followed the procedure in informing such person of his rights under R.S. 32:661(C), and that such person had submitted to the test or refused to submit to the test upon the request of the officer. In the case of a submission to the test, the officer shall provide complete information regarding the test as may be available at the time the certified report is completed.
C. In cases where electronic signatures are used, the officer shall affix his electronic signature to the report in the manner approved by the Department of Public Safety and Corrections Laws are subject to change, you can click here to read the current statute
Contact Sonja Bradley your attorney in Hammond Louisiana, Denham Springs, Louisiana, Ponchatoula Louisiana, Livingston Louisiana, Albany Louisiana, Amite Louisiana, Walker Louisiana and surrounding areas.
Have you seen dogs roaming around town? Have you ever wondered if Denham Springs has a leash law? Well, I have the answer for you.
Yes, Denham Springs and the entire State of Louisiana is covered by the state leash law. Livingston Parish has adopted the State’s regulations.
Some dogs might be homeless, but many of the animals roaming around do have owners and should be adequately secured.
Louisiana’s Leash Law
Louisiana has enacted laws for the protection of its citizens against free-roaming animals. La. RS 3:2771 reads as follows:
Dogs not to run at large: No person shall suffer or permit any dog in his possession, or kept by him about his premises, to run at large on any unenclosed land, or trespass upon any enclosed or unenclosed lands of another.
La. R.S. 3:2771 makes it a violation of the law for a dog owner to allow his dog to go onto your property. An owner is responsible for all damages his animal causes to another person, his property, or animal.
La. R.S. 2652 is a specific statute directed at damages caused by a dog to another person’s livestock. It reads as follows:
2652. Liability for injury to livestock caused by dog
Any owner, harborer, or possessor of any dog that kills, harasses, or wounds livestock shall be liable to the owner of the livestock for the damages sustained, to be recovered before any court of competent jurisdiction.
If you need an attorney call, Sonja Bradley, she has 19 years of experience fighting for the people of Louisiana. To find out if it is legal to ride a horse on the roads in Louisiana click here.
Have you ever passed a car and witnessed a passenger in the vehicle drinking a beer? It’s not a unique site in Louisiana. Are there laws prohibiting passengers from drinking in cars?
Yes, Louisiana’s open container law makes it a crime for any person to have an open container of alcohol in a vehicle. Louisiana law considers an open container to be an unsealed bottle, can, or flasks that contains an alcoholic beverage. This statute covers Amite City
The federal government has provided guidelines to the states on proposed standards for open containers laws. Most states, including Louisiana, adopted the national open container standards. These federal standards can be read here.
Louisiana’s Open Container Law
Louisiana’s open container law is codified in LA Rev Stat § 32:300. The law specifically prohibits the driver and passengers from having an open container of an alcoholic beverage. Further, the law makes it illegal for a passenger to consume alcohol while the vehicle is operated.
Louisiana’s open container law allows for certain exceptions listed in the statute. The exceptions are enumerated below:
Any person driving or occupying a motor vehicle, as a condition of his employment. And the person is acting in the course and scope of his employment. The employment requires him to carry open alcoholic beverage containers, and the operator or passenger doesn’t consume the alcoholic beverages.
Any paid fare passenger on a standard or contract carrier vehicle, as defined in R.S. 45:162.
Any passenger in a commercial public carrier vehicle, as defined in R.S. 45:200.2.
Any passenger in a courtesy vehicle is operated as a courtesy vehicle.
Any passenger of a motor home that is self-contained and exceeds twenty-one feet in length.
Alcoholic beverages carried in the trunk of a motor vehicle.
If the vehicle doesn’t have a trunk, possession of an open container of alcoholic beverages in any of the following: (a) In a locked glove compartment. (b) In an area of the vehicle not normally occupied by, or readily accessible, to the driver or passengers.
Passengers members of a krewe riding on a parade float.
Any passenger in a private limousine the driver of which possesses a Class D commercial driver’s license.
Amite City Ordinances
Amite City has an ordinance Section 11-5028. That makes it illegal to carry possess or drink alcohol from an open container in public. Specifically, it prohibits open containers containing any alcohol either of low on high content, upon any public street, roadway, thoroughfare, right-of-way, sidewalk, park, school property, public building, public land or public waterways within the town.
The prohibition extends to include passengers in motor vehicles and boats as well as the operator of same. Further, a person can not have an open container or a private party’s property without their consent.
Amite City, Louisiana, prohibits the sale of packaged liquor on Sunday.
Drive Through Daiquiri Shops
Louisiana is unique in that it allows drive-through daiquiri shops. Businesses selling alcohol in cups through a drive-through window raises questions concerning the application of open container laws.
How is it legal? Louisiana considers the daiquiri cup legally sealed if:
The lid is in place on the cup;
No straw is sticking or inserted anywhere into the container;
The substance of the drink remains in the cup, that means it hasn’t been partially or entirely drunk.
You’ve been Charged for Violating Louisiana’s Open Container Law, Now What?
If the only charge you received is a violation for having an open container, your penalty should not be more than 100 dollars plus court costs. Be sure and check the statute for the current law to make sure the penalty is current.
The best way to prevent getting an open container violation is to take steps to ensure you comply with the law. If you must transport an alcoholic beverage that has been opened, place it in your trunk or bed of your truck. Don’t risk getting a ticket.
If you have any legal questions contact the Sonja Bradley, she has the experience to help you with any of your legal needs. If you want to read other articles on DUI or Expungements click the links.
Note: Crimes of Violence are non-expungeable offenses. If someone is imprisoned for a crime of violence, he will serve a minimum of 85% of the sentence.
B. In this Code, “crime of violence” means an offense that has, as an element, the use, attempted use, or threatened use of physical force against the person or property of another, and that, by its very nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense or an offense that involves the possession or use of a dangerous weapon. The following enumerated offenses and attempts to commit any of them are included as “crimes of violence”:
If you have been charged with a violent crime or need an attorney to help you with an expungement call Sonja.
Sonja Bradley your Attorney in Hammond Louisiana, Denham Springs, Louisiana, Ponchatoula Louisiana, Livingston Louisiana, Albany Louisiana, Amite Louisiana, Walker Louisiana and Surrounding Areas
