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La. Reconsiders DWI Sentencing
May 18, 2005

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News Summary

A 2001 Louisiana state law that required judges to suspend the sentences of repeat drunk-driving offenders and place them in treatment programs should be amended, the state's district attorneys say.

The Associated Press reported May 16 that the DAs told the state Senate Judiciary Committee that while treatment can sometimes be more effective than prison, too often treatment is not available. Moreover, said Ouachita-Morehouse District Attorney Jerry Jones, there are cases where treatment is not an appropriate sentence for a third- or fourth-time drunk-driving offender.

Under the current law, third-time offenders are sentenced to one to five years in prison, and fourth-time offenders face 10 to 30 years. But the law required judges to suspend all but 30 days for three-time offenders and 60 days for four-time offenders, and instead place them in addiction treatment and home confinement.

A bill sponsored by state Sen. Joel Chaisson (D-Destrehan) and approved by the Senate committee would once again give judges the power to impose longer prison terms. Chaisson noted that due to lack of treatment capacity, just 5 of 47 repeat offenders from his district completed treatment; nor were they required to serve more than minimal prison terms.

"I had a judge tell me putting a drunk in jail does not help him, and I wholeheartedly agree," said Chaisson. "But it sure helps the public."

Mothers Against Drunk Driving is supporting Chaisson's bill.

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