Opinion Number

Dear Mr. Picard:

As Marshal of the City Court of Lafayette, you have requested an Attorney General opinion addressing the following issue:

Whether the Lafayette Parish Sheriff's Office through its Department of Corrections had the authority under R. .S. 15:764 to refuse to accept into its jail persons arrested for driving under the influence of intoxicating substances and instead issue such persons a summons to appear to the respective court within 45 days?

R.S. 14:98 defines the crime of operating a vehicle while intoxicated and provides that first and second offenses are considered…