Louisiana DUI/DWI Law Explained

In the state of Louisiana, the crime of drunk driving is referred to as "Operating a Vehicle While Intoxicated" (DUI/DWI). It is illegal to operate any motor vehicle, aircraft, watercraft, vessel, or other means of conveyance when the operator is under the influence of alcohol beverages and/or drugs. Under Louisiana's "per se" OWI provision, persons with a blood alcohol content (BAC) of .08 or more will be presumed impaired.

DUI/DWI DRUG IMPAIRMENT - A person may be arrested and charged with OWI if they operate a vehicle while under the influence of any listed controlled dangerous substance, or one or more drugs which are not controlled dangerous substances and which are legally obtainable with or without a prescription. The fact that the operator did not knowingly consume quantities of the drug or drugs which substantially exceed the dosage prescribed by the physician or the dosage recommended by the manufacturer of the drug may be used as an affirmative defense.

DUI/DWI COMBINATION OF ALCOHOL AND/OR DRUGS - It is also illegal to operate a vehicle while under the influence of a combination of alcohol and/or one or more drugs which are not controlled dangerous substances and which are legally obtainable with or without a prescription. The fact that the label on a container of a prescription drug or the manufacturer's package of the drug does not contain a warning against combining the medication with alcohol is an affirmative defense to any OWI Drug charge.

DUI/DWI CHILD ENDANGERMENT - Any person who is arrested for DUI/DWI with a minor child 12 years of age or younger present as a passenger in the vehicle at the time of the commission of the offense will also be charged with Child Endangerment. The minimum mandatory sentence may not be suspended by the court for an OWI offender who is convicted of Child Endangerment.

AGGREVATED DUI/DWI - A person who is arrested for DUI/DWI with a BAC of .20 or more will face harsher penalties. For example, upon a conviction for a first offense, an offender with a high BAC will have their driver's license suspended for a period of 2 years.

UNDERAGE DUI/DWI - Underage operating a vehicle while intoxicated is defined as the "operating of any motor vehicle, aircraft, watercraft, vessel, or other means of conveyance when the operator's blood alcohol concentration is 0.02 percent or more by weight if the operator is under the age of twenty-one based on grams of alcohol per one hundred cubic centimeters of blood".

UNLAWFUL CHEMICAL TEST REFUSAL - Persons arrested for DUI/DWI will be charged with the offense of "unlawful refusal to submit to chemical tests" if the person has refused to submit to such testing on two previous and separate occasions. The penalties for an unlawful refusal are the same as the penalties for first conviction of driving while intoxicated.

COMMERCIAL DRIVERS - Drivers of commercial vehicles will be arrested for DUI/DWI if they have a BAC of .04 or higher.

VEHICULAR HOMICIDE - vehicular homicide is the killing of a human by an operator of any motor vehicle, aircraft, watercraft, or other means of conveyance, whether or not there is any intent to cause death or great bodily harm.

VEHICLE NEGLIGENT INJURY - vehicle negligent injury is inflicting any injury by an operator of any motor vehicle, aircraft, water-craft, or other means of conveyance when the offender is under the influence of alcohol or drugs and/or the offender's blood alcohol concentration is 0.08% or more.

FIRST DEGREE VEHICLE NEGLIGENT INJURY - first degree vehicle negligent injury is inflicting of serious bodily injury by an operator of any motor vehicle, aircraft, water-craft, or other means of conveyance when the offender is under the influence of alcohol or drugs and/or the offender's blood alcohol concentration is 0.08% or more.