Louisiana - Dui arrest in 1997, 2000 and 2010 - when convicted for the third offense, Is third offense a felony or is the 1997 arrest not considered becaused of the timeframe? for someone with medical condition is house arrest (?) given as an alternative to jail? where are in-patient treatement centers and can an attorney request this as part of the sentencing?
1 Answer from Attorneys
The 1997 should have prescribed. There is a 10 year prescriptive period. However, in sentencing, the judge can use the entire criminal history in formulating a sentence. In patient facilities are all over the state in appropriate hospitals and treatment centers. Health concerns can be taken into account but most jails have medical needs areas. A third offense requires in patient treatment, jail time and in home incarceration. The judge could sentence a second like a third if he/she chooses based on circumstances.
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