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Louisiana’s Drunk Driving Laws
Mardi Gras season brings celebration, heavier traffic, and increased risks on Louisiana roads. If you’re going out, make a plan to get home safely, because Louisiana’s drunk driving law is broad and enforced. Under Louisiana R.S. 14:98, a driver can be charged with Operating While Intoxicated (OWI) for having a BAC of .08% or higher, for operating a vehicle while under the influence of alcohol, or for operating a vehicle (including cars, motorcycles, and boats) while under the influence of illegal or even over-the-counter drugs.
A BAC-based OWI is often called a “per se OWI,” meaning the charge can be based on the BAC number alone, without proof that the driver was visibly impaired. That said, when an OWI leads to a crash, additional evidence of impairment (observations, videos, witness statements, field sobriety details, etc.) can matter, especially in an injury case, because alcohol affects people differently and insurers often dispute just how impaired a driver really was. Also, in Louisiana, an OWI is generally a misdemeanor for the first two offenses and becomes a felony after the third offense.
When impaired driving hurts or kills someone, the consequences can escalate beyond a standard OWI. Louisiana law includes vehicular negligent injuring (R.S. 14:39.1) for serious injuries, punishable by up to 6 months in jail, a $1,000 fine, or both and first-degree vehicular negligent injuring (R.S. 14:39.2) for catastrophic injuries, punishable by up to 5 years in prison (with or without hard labor), a $2,000 fine, or both. In fatal cases, vehicular homicide (R.S. 14:32.1) carries 5 to 30 years in prison (with or without hard labor) and a $2,000 fine, with a minimum “no parole” time that can increase based on BAC (0.15%+) or a prior OWI. If you or someone you love is injured or if your family is grieving a loss caused by a drunk driver, Joubert Law Firm can help you pursue compensation through an injury or wrongful death case.