Louisiana DUI Laws

In the state of Louisiana, driving under the influence (DUI), is an offense that is punishable by law.  Louisiana DUI law shall suspend the driving privileges of any person upon receiving satisfactory evidence of conviction for a charge of driving under the influence (DUI) as required under the laws of Louisiana.

Louisiana DUI – statute(s)

• LSA-R.S. 14:98.

Louisiana DUI – standard

• “The crime of operating a vehicle while intoxicated is the operating of any motor vehicle, aircraft, watercraft, vessel, or other means of conveyance when any of the following conditions exist: . . . [t]he operator is under the influence of any controlled dangerous substance listed in Schedule I, II, III, IV, or V as set forth in R.S. 40:964. . . [or] [t]he operator is under the influence of one or more drugs that are not controlled dangerous substances and that are legally obtainable with or without a prescription. LSA-R.S. 14:98(A)(1).

Louisiana DUI – applicable substances

• Any controlled dangerous substance listed in Schedule I, II, III, IV, or V. LSA-R.S. 14:98(A)(1)(c).
• One or more drugs that are not controlled dangerous substances and that are legally obtainable with or without a prescription. LSA-R.S. 14:98(A)(1)(e).

Louisiana DUI – affirmative defense

• There is an affirmative defense to LSA-R.S. 14:98(A)(1)(e) [applying to non-controlled dangerous substances] if “the operator did not knowingly consume quantities of the drug or drugs that substantially exceed the dosage prescribed by the physician or the dosage recommended by the manufacturer of the drug.” LSA-R.S. 14:98(A)(1)(e)(ii).

Louisiana Per se – statute(s)

Louisiana Per se – standard

• N/A

Louisiana Per se – applicable substances

• N/A

Louisiana Per se – affirmative defense

• N/A

Louisiana Implied consent – applicable drivers

• Any person who operates a motor vehicle on the public highways of Louisiana. LSA-R.S. 32:661(A)(1).

Louisiana Implied consent – tests authorized

• Chemical test or tests of blood, breath, urine, or other bodily substance. LSA-R.S. 32:661(A)(1).

Louisiana Implied consent – basis for test

• Driver must be arrested for any offense arising out of allegedly driving a vehicle while under the influence. LSA-R.S. 32:661(A)(1).
• LEO must have “reasonable grounds to believe” the driver operated the motor vehicle while under the influence. LSA-R.S. 32:661(A)(2).
• Where LEO has “probable cause to believe” that the person has violated drugged driving laws, the driver may not refuse a chemical test if: (1) he / she has refused to submit to one or more tests on two or more occasions; or (2) if the driver has been involved in an accident causing a fatality or where any person has suffered “serious bodily injury.” LSA-R.S. 32:666(A)(1).

Louisiana Implied consent – evidence of refusal

• Evidence of a refusal is admissible in any criminal action or proceeding arising out of acts alleged to have been committed while the person was driving under the influence. LSA-R.S. 32:666(2)(c).

Louisiana Implied consent – administrative / civil penalty for refusal

• First refusalà driving privileges suspended for one year.
• Second or subsequent refusal within 10 yearsà driving privileges suspended for two years. LSA-R.S. 32:667(B)(2).

DUI Arrest Statistics and Louisiana Drunk Driving

* Sources: State Justice Department, Federal Highway Administration