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Stricter DWI enforcement fails; treatment focus cited
The vote was 38 votes for and 62 against the measure, largely because critics of the bill said the current system that emphasizes treatment over jail time is working. The Senate approved the measure 37-0 on April 20.
The issue stems from a 2001 controversy. Law enforcement officials and others said they were surprised to learn, after that year's legislative session, that the state had dramatically reduced prison time for those convicted of the state's most serious drunken driving charges.
That law, which remains in effect, requires judges to sentence third-time offenders to 1 year to 5 years in prison but requires them to suspend all but 30 days.
Before the change, those multiple drunken-driving offenders faced a minimum of six months in jail.
The same law requires sentences of 10 years to 30 years for fourth-time offenders. But judges have to suspend all but 60 days. Before the change, fourth-time violators had to serve at least two years.
Critics noted that, because of the 2001 law, third- and fourth-offense drunken drivers, which are felonies, faced less jail time than first- and second-offense violators, which are misdemeanors.
Backers countered that the change put new emphasis on treatment over jail time, including in-house substance treatment of up to six weeks and up to a year of outpatient substance abuse treatment.
Rep. Eric LaFleur, D-Ville Platte and sponsor of the bill, said it would allow judges to suspend all but 30 days or 60 days of the sentences but not require suspended sentences.
"We want to give the court that discretion," LaFleur said. "That is what the judges are for. That is what they are elected to do."
He said the measure was backed by the Louisiana District Attorneys Association. Some prosecutors complained when the 2001 law came to light.
Rep. Kenneth Odinet, D-Arabi and sponsor of the 2001 change, urged colleagues to reject LaFleur's bill.
Odinet said 1,331 violators have gotten treatment for alcohol problems under the 2001 law, and show a high success rate.
"Senate Bill 679 will negate all this success," Odinet said of LaFleur's measure. "I ask you please vote against this bill."
LaFleur said a Ville Platte case helps point up the need for his bill.
Prosecutors dealt with one violator who had seven drunken-driving convictions, he said, but could only be charged with three because of technical problems. That driver, LaFleur said, cannot be forced to serve more than 30 days.
"Thirty days on a third or fourth offense is not sufficient in certain cases," he said.
Rep. Troy Hebert, D-Jeanerette, criticized LaFleur's bill and echoed Odinet's comment that the state's emphasis on treatment is working for third and fourth-time violators.
"That's keeping them off the roads driving while they are drinking," Hebert said. "And this bill would undo all of that."
http://2theadvocate.com/stories/061804/leg_legdwi001.shtml