Impaired Driving

Upcoming 2012 Enforcement Waves: July 3-8 , August 16-September 3 and December 20 - January 2

Resources to assist in the planning and implementation of "No Refusal Weekends"

NHTSA "No Refusal" Tool Kit

Blood Draws and the Law Enforcement Phlebotomy Program

No Refusal Implementation Information

Jefferson Affidavit, warrant, officer protocol, and updated return documents

 

Other Impaired Driving Resources

Supreme Court guidance for DWI checkpoints as a result of State of Louisiana vs. Jackson

DWI Case Law Update

The Century Council

NHTSA - Impaired Driving

2008 Statistical Summary with Impaired Driving Analysis

Alcohol Involved Statistics

2009 Louisiana Impaired Driving Assessment

 

Zero Tolerance for under 21 (R.S. 14:98.1) - .02 BAC** for persons under 21 years of age

Alcohol under 21 (R.S. 14:93.10) (R.S. 14:93.11) (R.S. 14:93.12) - It is illegal for persons under the age of 21 to buy, consume, or have an alcoholic beverage in their possession

Provider (R.S. 14:93.13) - It is illegal for any person, other than a parent, spouse, or legal guardian, to purchase alcohol beverages on behalf of a person under 21 years of age.

Contributing (R.S. 14:92) - Intentional, enticing, aiding , soliciting, or permitting, by anyone over the age of 17, of any child under the age of 17, with no exception for emancipation, marriage, or otherwise, to visit any place where alcohol is the principle commodity sold or given away.

Child Endangerment (R.S. 14:98.J) - If a child 12 years or younger is a passenger in a vehicle where the driver is charged with DWI the minimum mandatory sentence for 1st -3rd DWI conviction shall not be suspended and for 4th DWI conviction at least two years of the sentence shall be imposed without benefit of suspension.

Improper Supervision (R.S. 14:92.2) - A parent or legal custodian of a minor, through criminal negligence, the permitting of a minor to violate a local or municipal curfew ordinance or enter the premises known by the parent or custodian as a place of underage drinking.

Open Container (R.S. 32:300) - It is illegal for any occupant of a vehicle to possess an alcoholic beverage that is open to consumption

BAC .08 (R.S. 14:98) - DWI for all drivers over the age of 21 is .08 BAC; under 21 the BAC limit is .02

Driver’s License Seizure  (R.S. 32:414) - A DWI conviction will result in a 365 day suspended driver’s license.

Refusal of chemical test and consequences (R.S. 32:666) - A driver involved in a fatality does not have the right to refuse a chemical test to determine alcohol impairment.  As a result of any other violation that prohibits operating a vehicle while intoxicated the suspect may refuse after being told the consequences.  Result of consequences:  Driver’s license will be seized, issuance of license or permit denied for 6 months, refusal is admissible in a criminal action and a civil action to suspend, revoke, or cancel his driving privileges.

Ignition Interlock (R.S. 32:378.2) - Requires installation of ignition interlock devices to be eligible for a hardship drivers license upon arrest of a first offense DWI or for one year ignition interlock upon first offense DWI conviction.  Duration extends for multiple convictions.