The Louisiana Supreme Court imposed a split sanction in a matter involved alcohol-related conduct outside the practice of law.

On February 23, 1993, respondent was arrested during Mardi Gras on charges of disturbing the peace and obscenity. Alcohol consumption was involved. Records could no longer be located regarding this arrest.

On February 18, 2001, respondent was again arrested after having consumed alcohol during Mardi Gras. He was charged with interfering with police and public nudity. The charges were ultimately dismissed.

On October 3, 2002, respondent was arrested and charged with operating a vehicle while intoxicated, reckless operation of a motor vehicle, hit and run driving, and failure to use a seatbelt. Respondent had consumed alcohol and the prescription sleep aid Ambien. He was allowed to plead guilty to a reduced charge of reckless operation of a vehicle under the provisions of La. Code Crim. P. art. 894.

On March 8, 2003, after consuming alcohol and Ambien, respondent was arrested and charged with operating a vehicle while intoxicated and exceeding the speed limit. He was permitted to enter a guilty plea to a reduced charge of reckless operation of a vehicle under the provisions of La. Code Crim. P. art. 894.

On June 28, 2003, respondent was arrested and charged with simple battery. The incident stemmed from an argument with his girlfriend at their apartment. The matter was ultimately dismissed without prosecution.

None of the above incidents were reported to the ODC by respondent or any prosecuting authority in the State of Louisiana.

On November 4, 2013, respondent consumed wine with dinner and later took an Ambien “to help him sleep.” He continued to drink wine thereafter and estimates that he drank two bottles of wine that evening. At some point, respondent got into his car and drove it into a tree, causing him to hit his head on the windshield. Emergency medical services were called to the scene and respondent was taken to the emergency room. While there, respondent was fitted with a neck brace, which he proceeded to remove. As a nurse attempted to restrain him and put the neck brace back on, he bit the nurse, leading to a charge of battery. Respondent’s blood alcohol level at the time registered at .2%, more than two and a half times the legal limit. Respondent was arrested and released.

The following day, on November 5, 2013, respondent consumed more wine, took another Ambien, and blacked out. He then entered his vehicle and commenced driving. Respondent was later arrested for driving erratically. His blood alcohol level at the time registered at .151%, nearly twice the legal limit.

It was only after these two final incidents in successive days that the matter was reported to the ODC by the prosecuting authority.

The attorney then began a treatment regime for alcoholism and drew the support of the bar’s counseling program.

The issue was sanction

Respondent has “multiple DWI offenses” and other alcohol-related incidents, including a simple battery with injury. Clearly, under Baer, an actual period of suspension is warranted.

Based upon our jurisprudence, we will suspend respondent from the practice of law for eighteen months. In light of the mitigating factors present, we will defer all but six months of the suspension, subject to a five-year period of probation with the conditions recommended by the disciplinary board.

(Mike Frisch)