A.J. Hodges, IV – Attorney at LawShreveport Criminal Defense Attorney | A.J. Hodges2025-08-13T15:51:42Zhttps://www.ajhodgesattorney.com/feed/atom/WordPress/wp-content/uploads/sites/1503664/2021/04/cropped-ajh-site-identity-32x32.jpgOn Behalf of A.J. Hodges, IV - Attorney at Law<![CDATA[4 things you need to know about ignition interlock devices]]>https://www.ajhodgesattorney.com/?p=493132025-08-13T15:51:42Z2025-08-13T15:51:42ZWhen is an IID required?
In Louisiana, courts may order you to install an IID after a DWI conviction. Here's when you might face this requirement:
First offense: If your blood alcohol concentration (BAC) was 0.20% or higher
Second offense: Mandatory for all convictions
Third and subsequent offenses: Always required
The length of time you must keep the IID varies. For first offenses, it's typically six months to a year. For repeat offenders, it can be several years or even indefinitely.
How much does an IID cost?
IIDs aren't free. You are responsible for the costs of installation, monthly leasing or maintenance, and eventual removal. The total costs vary, but in general, installation can cost around $100-$200, and monthly fees can range from $60-$100. On average, having an IID could cost approximately $3.50 per day.
How does an IID work?
An IID is a breath-testing device connected to your vehicle's ignition system. Generally, it works in this way:
You get into your car and turn the key.
The IID prompts you to submit a breath sample.
You blow into the device, following the instructions.
If your breath sample is alcohol-free, the car will start.
During your drive, the IID will ask for random breath samples to ensure you remain sober.
If you fail the initial test, the car will not start. If you fail a rolling retest, the device can record the failure, and your car alarm may sound until you turn off the vehicle.
What happens if you fail or tamper with the IID?
Failing an IID test or attempting to tamper with the device can lead to serious consequences. These may include extending the period you're required to have the IID, additional fines and even jail time. It's crucial to use the device responsibly and follow all the rules.
Dealing with a DWI and the possibility of an IID can be overwhelming. That's why it's essential to seek guidance from an experienced attorney who can help you navigate the legal process and work to minimize the potential penalties.]]>On Behalf of A.J. Hodges, IV - Attorney at Law<![CDATA[How the right to remain silent protects Louisiana drug defendants]]>https://www.ajhodgesattorney.com/?p=493102025-06-21T14:58:12Z2025-06-21T14:58:12ZSmall admissions can have big consequences
While decriminalization of certain drugs has swept across the nation, Louisiana has not followed the trend. In fact, state drug statutes prohibit not just scheduled substances but also analogs and counterfeit substances intended to duplicate prohibited drugs or trick those buying drugs.
Even substances treated with leniency in other states can easily lead to felony drug possession charges or worse in Louisiana. As such, even admitting to possessing a small amount of certain substances could be enough to complicate an individual's position.
Remaining silent and refusing to answer questions about the drugs that police officers found, personal habits and other details can make all the difference for those facing drug charges. Once people make statements admitting to the use of drugs or otherwise implicating themselves, it may be very difficult to mount a credible defense.
Police officers can potentially ask people leading questions. Even those who avoid outright confessing to drug offenses can make statements that affect their options for fighting their charges. Police officers have to advise people of their Miranda rights for a reason.
Defendants who make use of their right to remain silent and reach out to an attorney as soon as possible have the best chances of successfully responding to pending drug charges. Refusing to speak to officers can reduce the likelihood of a defendant ending up convicted and facing harsh mandatory minimum sentences.]]>On Behalf of A.J. Hodges, IV - Attorney at Law<![CDATA[Can I get my driver’s license back after a DWI arrest in Louisiana?]]>https://www.ajhodgesattorney.com/?p=493092025-05-21T17:52:41Z2025-05-21T17:52:41ZWho can get a hardship license?
You must meet certain criteria to qualify for a hardship license in Louisiana. These include:
First-time offenders: Typically, first-time DWI offenders are eligible for a hardship license. However, the court must approve the request. Those who have previous DWI offenses are generally not eligible.
Completion of requirements: Applicants must complete any court-mandated requirements, such as alcohol education programs or community service.
Proof of necessity: Individuals must demonstrate a genuine need to drive, such as commuting to work or attending school.
Meeting these eligibility requirements is the first step toward obtaining a hardship license. It is essential to ensure all conditions are satisfied to avoid delays in the application process.
What is the application process?
Once you establish eligibility, the next step is to navigate the application process. This involves several key steps that you must follow carefully. The applicant generally needs to wait 30 days to apply for the hardship license. Next, fill out an application with the Louisiana Department of Public Safety and Corrections. If denied, you can petition the court. Successfully completing the application process requires attention to detail and adherence to legal requirements. It is advisable to consult with a legal professional to ensure all steps are properly executed.
Obtaining a hardship license in Louisiana after a DWI suspension can provide a lifeline for those needing to drive to essential destinations. Understanding the eligibility requirements and application process helps increase the odds of success. By meeting the necessary criteria and following the application steps, individuals can regain limited driving privileges and continue fulfilling their daily responsibilities.]]>On Behalf of A.J. Hodges, IV - Attorney at Law<![CDATA[The fine line between misdemeanor and felony theft]]>https://www.ajhodgesattorney.com/?p=493082025-02-19T17:47:19Z2025-02-19T17:47:19ZSeveral factors influence charge severity
State prosecutors reviewing theft allegations look at several factors when deciding what type of charge to pursue. In many cases, the first consideration is the financial impact of the crime. Beyond that, the criminal record of the defendant is another important factor.
The total value of the stolen property is a top consideration, especially in first-time theft cases. When the value of the assets involved is less than $1,000, then the state is likely to pursue misdemeanor charges for someone facing their first theft charge. Once the value of the assets stolen reaches $1,000, then felony charges are likely even for a first offense.
The prior criminal record of the defendant is also a key factor. Those accused of a second or subsequent theft offense could face felony charges even if the property is worth less than $1,000. Aggravating factors that endanger other people could also lead to felony charges.
If the theft involves a home invasion, then felony charges are likely. The same is true in cases involving robbery, especially with a weapon. The use of violence or threats can impact the charges the state pursues.
Both misdemeanor and felony theft offenses require a careful response in criminal court. While misdemeanor offenses carry lower penalties, they pave the way for a felony theft offense in the future.
Fighting back against theft allegations can help people avoid jail time, fines and criminal records. Defendants who understand the basic rules that apply to theft offenses may recognize the importance of having the right assistance when they face charges.]]>On Behalf of A.J. Hodges, IV - Attorney at Law<![CDATA[Navigating Louisiana’s DWI laws this holiday season]]>https://www.ajhodgesattorney.com/?p=493072024-12-28T00:03:13Z2024-12-28T00:03:13ZFew things ruin the holidays more quickly than an unexpected arrest. For many celebrants heading home after a party or family gathering, drunk driving charges could be a serious concern. Those accused of a driving while impaired (DWI) offense are at risk of major consequences. Drivers don't need to cause crashes to be at risk of arrest. Even technical violations can be grounds for prosecution.
Also known as operating a vehicle while impaired (OWI) offenses, drunk driving can prove far more consequential than people initially anticipate. The individuals headed home after holiday celebrations are at risk of getting arrested if they have consumed alcohol. They usually can't count on officers extending them grace because of the holidays.Instead, police officers are on high alert for signs of intoxicated motorists around the holidays. In fact, they may even set up sobriety checkpoints or OWI roadblocks to screen for drunk drivers on busy roads. Checkpoints are relatively common around the holidays and are legal in Louisiana when properly conducted. What do those accused of a Louisiana DWI / OWI offense need to know?
The penalties can cause major setbacks
Individuals who do not have criminal records might make the mistake of assuming that a guilty plea is their best option. People may hope to receive lenient treatment from the courts after a DWI offense. However, the sentence handed down must align with state statutes. A first-time OWI is typically a misdemeanor offense, but that does not mean the defendant walks away without penalties. The courts can sentence an individual to community service, up to six months in jail and between $300 and 1,000 in fines. They are also likely to lose their driving privileges for 90 days or longer.
There are defense options available
Many people assume that a DWI charge is an open-and-shut case. However, test results can be inaccurate, especially if the driver has underlying medical conditions. In some cases, the test may have been inappropriate because the police officer pulled the defendant over without justification or the local police department did not have the right paperwork in place for a sobriety checkpoint. Reviewing the circumstances that led to a DWI arrest around the holidays can help drivers explore their options. Motorists who have the right support may be able to avoid a conviction or limit the penalties they incur for a holiday DWI.]]>On Behalf of A.J. Hodges, IV - Attorney at Law<![CDATA[What is a hardship license, and how do I get one?]]>https://www.ajhodgesattorney.com/?p=493052024-12-11T16:47:35Z2024-12-11T16:47:35ZObtaining a hardship license involves showing proof of need and adhering to specific legal requirements.
Rules for obtaining and using a hardship license
Not everyone with a suspended license can get a hardship license. Only those with Class D or E licenses are eligible. Commercial drivers with Class A, B or C licenses cannot apply. Here are the requirements:
Driving restrictions: You can only drive on designated streets and during specific times necessary for work or medical treatment.
Legal compliance: You must carry documentation that outlines the restrictions and keep it in the vehicle at all times.
Court approval: You need the court’s consent before making any changes to your driving situation.
Additional restrictions: The court can impose other necessary conditions based on your circumstances.
The costs of getting a hardship license can add up. You may need to pay reinstatement fees, court costs and possibly for an ignition interlock device. High-risk insurance, known as SR-22, is also required and is more expensive than regular insurance.
What is the process for applying?
Getting a hardship license involves several steps. Here are the basics of the application process:
Waiting period: You must wait 30 days from when your license is suspended before applying
Eligibility check: Ensure you hold a Class D or E license
Documentation: Gather necessary documents proving the need for the license, like proof of employment or medical appointments
Financial preparation: Be ready to cover fees, including reinstatement, new license costs and SR-22 insurance
Ignition interlock device: If required, install this device in your vehicle and provide proof of installation
Appealing a denial: Submit a petition to the district court if the Department of Motor Vehicles denies your application
A skilled attorney can be crucial in securing a hardship license, especially if you have multiple DWIs. Experienced lawyers can help you meet all legal benchmarks and comply with complicated requirements.]]>On Behalf of A.J. Hodges, IV - Attorney at Law<![CDATA[How can I get my driver’s license back after a DUI in Louisiana?]]>https://www.ajhodgesattorney.com/?p=493032024-08-20T20:06:17Z2024-08-20T20:06:17ZWhy do I need to worry about losing my license just for allegations of drunk driving?
In Louisiana, a police officer can seize a driver’s license for a DUI (Driving Under the Influence) charge alone — a conviction is not necessary. If convicted, they can take away your license for even longer. The length of time varies depending on the details of the charges.
How can I get my driver’s license back?
There are several important steps. Although the process varies depending on the details of the situation, these steps often include the following:
Complete the suspension period: Fulfill the full term of your license suspension as determined by the court or the Department of Public Safety and Corrections.
Satisfy court requirements: Complete any court-mandated requirements, which may include alcohol education classes, community service, or rehabilitation programs.
Pay fines and fees: Settle all fines associated with your DUI charge and pay a reinstatement fee to the Department of Public Safety and Corrections.
Apart from the basic steps, additional considerations can apply. In some cases, the judge may require installation of an ignition interlock device or SR-22 insurance, a certificate of financial responsibility, to prove that you meet the minimum coverage requirements for auto insurance.
Getting your driver’s license back after a DUI charge in Louisiana involves a detailed process with specific legal and administrative steps. It is important to understand your obligations and take the necessary actions to get your license back as soon as possible.]]>On Behalf of A.J. Hodges, IV - Attorney at Law<![CDATA[Why DUI arrests tend to go up in Shreveport every summer]]>https://www.ajhodgesattorney.com/?p=492672024-05-28T19:00:08Z2024-05-28T19:00:08Zseveral reasons this seems to happen starting around Memorial Day and lasting until Labor Day or so. Here are a few of the most important:
Increased travel and good weather
One primary reason for the spike in DWI arrests during summer is the favorable weather. With clear skies and warmer temperatures, more people are inclined to drive to various destinations both near and far. The more people on the road, the more impaired drivers there will be.
Social activities and celebrations
Summer breaks and pleasant weather collectively contribute to a surge in social gatherings such as barbecues and beach parties. With schools and universities on vacation, young adults and families seize the chance to socialize, whether to celebrate official holidays like Juneteenth and the Fourth of July or just enjoy the weekend. Alcohol is often served at these parties.
Heightened law enforcement presence
Anticipating the summer increase in social drinking and driving, law enforcement agencies typically intensify their vigilance. You might notice more patrols and DWI checkpoints during these months as officers aim to step up arrests.
Relaxed routines and late-night outings
With fewer daily responsibilities like school or certain jobs on hold, many indulge in late-night activities that extend into the early hours. This shift in routine can lead to increased alcohol consumption and, subsequently, a higher risk of DWI as people drive home from these late-night events.
Seeking legal guidance after a DWI arrest
If you are facing DWI charges this summer, it's crucial to act swiftly. Contacting a defense attorney promptly can significantly influence the outcome of your case. A knowledgeable attorney will help you understand your rights, explore your options, and develop a strategy to navigate the legal challenges ahead.]]>On Behalf of A.J. Hodges, IV - Attorney at Law<![CDATA[Common mistakes police make during DUI stops]]>https://www.ajhodgesattorney.com/?p=492632024-02-24T18:40:42Z2024-02-24T18:40:42Zmake mistakes during DUI stops. These mistakes can potentially influence a defendant’s legal strategy.
Officers typically stop drivers who exhibit suspicious behavior or erratic driving patterns that may indicate impairment. When they do, they are not immune from making consequential mistakes.
Legal basis for DUI stops
The police must always have reasonable suspicion to stop a vehicle for a DUI investigation. If they don’t, that’s a pre-stop legal mistake that can influence a defendant’s case. This suspicion may arise from:
Observations of erratic driving
Traffic violations
Tips from other motorists
Once stopped, officers look for additional signs of being under the influence of drugs or alcohol, such as slurred speech, the smell of alcohol or bloodshot eyes.
Common mistakes made by police during DUI stops
Chemical tests, such as breathalyzers or blood tests, are often used to determine a motorist’s blood alcohol concentration (BAC) levels. However, if these tests are administered incorrectly or without probable cause, the results may be inaccurate or inadmissible in court. This is because police officers are usually required to adhere to strict protocols when conducting chemical tests to help ensure test validity and reliability.
During DUI stops, officers are expected to follow specific procedures to help ensure the legality of the encounter. This includes:
Administering field sobriety tests correctly
Informing motorists of their rights
Accurately documenting the events leading up to and following the stop
Failure to adhere to these procedures can compromise the integrity of the stop and undermine the prosecution’s case. Such mistakes can be valuable for a defendant’s response to allegations of wrongdoing.
DUI stops are a critical tool for enforcing laws against impaired driving and promoting road safety. However, police officers can sometimes make mistakes that a defendant could leverage to improve the outcome of their case. By understanding and addressing common mistakes made by police at DUI stops and working with an experienced legal team, those who have been accused of impaired driving can better advocate for their rights.]]>On Behalf of A.J. Hodges, IV - Attorney at Law<![CDATA[Why are the police on high alert for DUIs during the holidays?]]>https://www.ajhodgesattorney.com/?p=492652024-03-07T21:22:15Z2023-11-22T04:08:01ZIt is universally understood that drivers must be on their best behavior to avoid being stopped by one of the many law enforcement officers patrolling the roads this time of year, especially on significant holidays. But why? Does drunk driving actually spike during the holiday season, or does a heightened police presence simply lead to more arrests? The answer is that it's a little of both.
Alcohol is a significant factor in holiday car accidents
According to the National Highway Traffic Safety Administration, 36% of the 515 drivers killed over the Thanksgiving holiday period in 2020 had alcohol in their systems. Over Christmas the same year, 39% of the 336 drivers who died had consumed alcohol before the crash. Finally, a whopping 49% of the 153 traffic fatalities on New Year's Day in 2020 were intoxicated.
More people are drinking and driving
The close relationship between alcohol consumption and traffic deaths on major holidays suggests that drivers are more likely to get behind the wheel after drinking on these days. It makes sense – there tend to be more parties and gatherings on holidays. The norm on these occasions is to celebrate with alcoholic beverages. Drinking to excess is often more acceptable, too. With their estimation of their abilities augmented and their judgment impaired, many drivers choose to get behind the wheel when drunk.
The police are trying to keep our roads safe
The police are aware of the increase in drunk drivers and drunk driving accidents during the holidays. So, they increase the amount of DUI patrols and checkpoints on these days. Their goal is to get dangerous drivers off the road. However, this heightened scrutiny can lead them to pull drivers over without probable cause. They may even arrest people without having sufficient evidence of drunk driving.
What if you get stopped for drunk driving over the holidays?
If a police officer makes an unlawful traffic stop and charges someone with a DUI without sufficient evidence, legal options are available. A DUI defense attorney can help.]]>