Governor Bobby Jindal Announces Legislative Priorities For Cracking Down on Drunk Drivers
Press Release
Governor Bobby Jindal Announces Legislative Priorities For Cracking Down on Drunk Drivers
Today, Governor Bobby Jindal announced his legislative priorities for cracking down on drunk drivers in the upcoming legislative session. The governor was joined by members of the DWI-Vehicular Homicide Task Force to outline three legislative initiatives that will strengthen drunk driving laws and make roads safer in Louisiana. Earlier today, the task force met to formally make recommendations for statutory improvements to DWI laws.
Governor Jindal said, "Despite recent progress, Louisiana's alcohol-related fatality rates remain significantly higher than the national average. We have an obligation to keep our roads safe in order to keep our communities safe for our families.
"These proposals will increase penalties for those who drive under a suspended license after a DWI arrest, will strengthen laws for those drunk drivers who refuse to submit to a breathalyzer test and will help streamline the process to allow our prosecutors to more quickly prosecute those who break the law.
"And we can't stop there - we will continue to support our local law enforcement entities as they prosecute these crimes, and support victim service programs that are not only a part of helping drunk driving victims heal from the horrific crimes they have experienced, but a vital part to preventing drunk drivers from repeating their crime."
Of the 987 people killed in car crashes in Louisiana in 2007, nearly half of those accidents were alcohol-related (475 people killed). This is in addition to the 7,288 alcohol-related traffic crash injuries. Nationally, 37 percent of all fatal crashes are alcohol-related.
Murphy Painter, DWI-Vehicular Homicide Task Force Chairman and Office of Alcohol and Tobacco Control Commissioner, said "This is the right approach. We need a comprehensive effort to target and remove drunk drivers from the road. I applaud the Governor for recognizing the urgency of this matter and we appreciate his willingness to work with law enforcement, victims groups and the legal community to make Louisiana's roads safer."
Louisiana State Police Colonel Mike Edmonson said, "Even one alcohol related death is too many but when you consider half of our traffic fatalities involve alcohol, this is unacceptable. We must change the culture of acceptance in our state when it comes to drinking and driving."
Donna Tate, DWI-Vehicular Homicide Task Force member and MADD Louisiana Executive Director, said "The proposed legislation will save lives, and MADD Louisiana is excited at Governor Jindal's interest and commitment to the safety of the public as demonstrated by his support for these initiatives.
Colonel John Leblanc, DWI-Vehicular Homicide Task Force member and Executive Director of the Louisiana Highway Safety Commission, said "Voluntary compliance is the ultimate goal, but these proposals are innovative and will strengthen our tactics for getting drunks drivers off the road."
An outline of the initiatives for cracking down on drunk drivers that Governor Jindal announced today in Baton Rouge is included below:
1. Strengthen Penalties When Driving On A Suspended License If The Suspension Stems From A DWI Arrest
Currently, state law says that driving with a suspended license will result in a fine, but there is no specific category to punish the offense of "driving with a suspended license after a DWI." The law does not provide for a specific penalty for this violation and therefore some drivers with repeat DWIs continue to drive, despite their license suspension or revocation, and they do not face an additional penalty
Governor Jindal will propose a law so that driving without a license that has been suspended due to a DWI arrest or conviction, in and of itself, is a criminal offense with a six-month jail sentence.
2. Strengthen Existing Laws For Refusing To Submit To A Breathalyzer Exam
When a person is arrested under suspicion of DWI, current law provides for criminal penalties on the third refusal to submit to a chemical test within a five-year period. Upon the first refusal, the individual's driver's license is suspended for 180 days, a restricted license is issued, and an administrative law hearing is conducted. The second or subsequent refusal results in an 18-month driver's license suspension.
Criminal penalties are not initiated until the third refusal at which point the driver is charged with the same penalties as a first offense DWI conviction - with a fine of not less than $300 or more than $1,000, and imprisonment from ten days to six months.
The Governor said that the current law is written in such a way that seems to encourage the refusal to submit to a chemical test. For example, if an offender tests positive, they would lose their license for two years - rather than the penalty of a suspended license for 180 days for the refusal to submit to a breathalyzer test. Similarly, on a second offense, the driver would lose their license for four years for failing the test - versus a license suspension for just 18 months for refusing to submit to the test.
Governor Jindal said he will act on the DWI Task Force's recommendation to elevate the suspension penalties for refusal to submit to a chemical test to match the penalties for failure of the test, effectively removing any incentive to refuse the chemical test.
Governor Jindal said, "This is a strong statement that we are serious about our drunk driving laws in Louisiana. And, if you get behind the wheel drunk, you should expect to pay the price and be prosecuted to the fullest extent of the law."
3. Streamline Administrative Hearings For Driver's License Suspensions For Those Arrested For Drunk Driving.
When a driver is arrested for a DWI today, there is both a criminal process handled by the district attorney and an "implied consent" hearing process on the suspension of driving privileges handled by the Department of Public Safety and Administrative Law Judges. The second process provides for open discovery, which facilitates the questioning of police officers on a host of issues beyond the purpose of the hearing. Because of the sheer number of hearings, the state and law enforcement are frequently not represented, often leading to the dismissal of the suspension.
The Governor said that current law also allows for a pre-hearing deposition that provides defense attorneys the opportunity to obtain a sworn statement from law enforcement - a statement that is not available to prosecutors. In fact, DWI is the only crime that puts the prosecutor at a disadvantage in this way.
Governor Jindal supports the DWI Task Force's recommendation to restrict pre-hearing discovery to requests for production of documents and deposition of non-law enforcement witnesses. Law enforcement would still participate at the actual administrative hearing and the appeal.
Additional State-Led DWI Initiatives Currently Underway
In addition to these three legislative priorities outlined by the governor, there are also important initiatives currently underway for strengthening DWI enforcement today.
DWI Courts:
DWI Courts are an innovative way state government and the Supreme Court are tackling the DWI problem in Louisiana. To reduce recidivism and fatality rates, the Highway Safety Commission is funding the start-up of DWI courts in several parishes across the state. In these courts, the offender goes before a judge, pleads guilty, and agrees to a treatment program in an effort to ensure they do not become a recurring offender.
Terrebonne Parish began the first DWI Court in Louisiana in recent years - and the state is now assisting the start-up of new DWI Courts in Iberia, Ouachita, and St. Mary Parishes. The Highway Safety Commission funds these courts with $150,000 a year for three years in order to encourage them to become self-supporting entities over time through fees for treatment.
In-Person Awareness For Youth:
The Highway Safety Commission also supports in-person awareness for youth in targeted regions and communities across the state. One such initiative involves Dr. Rani Whitfieldotherwise known as the "Hip-Hop Doc"a family practice physician in Baton Rouge who conducts dozens of presentations in high schools to innovatively educate young people on health issues, including the dangers of underage drinking.
Victim Impact Panels
The state is also providing technical support in 20 places for Victim Impact Panels, which provide support to courts and are conducted by Mothers Against Drunk Driving (MADD) members and community volunteers.
Once a month, two to three volunteers speak at the courthouse about their tragic experiences involving drunken driving. Many tell of the loss of a family member or close friend, while others discuss their own personal injuries. The goal is to help drunk driving offenders understand the serious nature of their crime and help reduce the number of recurring drunk driving offenders.
Targeted DWI Overtime Enforcement Program To 77 Local Law Enforcement Agencies
Through sub-grants, these agencies can pay for overtime enforcement and buy equipment to help them prosecute drunk driving offenses in their area.
Overtime Hours For Analysts
In order to increase the effectiveness of DWI prosecutions and adjudications, Louisiana State Police and the Highway Safety Commission are also currently funding overtime hours for analysts in order to reduce the backlog of breathalyzer exams that are awaiting results from statewide crime labs and coroners.
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