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.
