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are additions.
Regular Session, 2012
HOUSE BILL NO. 726
BY REPRESENTATIVE PYLANT
DWI: Provides relative to impaired driving
AN ACT1
To amend and reenact R.S. 14:98(A)(1) and to enact R.S. 14:32.1(A)(7), 32.8(A)(2)(g),2
39.1(A)(6), and 39.2(A)(6), relative to driving offenses; to provide relative to3
impaired driving; to amend the crimes of operating a vehicle while intoxicated,4
vehicular homicide, third degree feticide, vehicular negligent injuring, and first5
degree vehicular negligent injuring; to provide relative to operating a vehicle while6
the operator's blood contains any controlled dangerous substance; to provide for7
exceptions; and to provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 14:98(A)(1) is hereby amended and reenacted and R.S.10
14:32.1(A)(7), 32.8(A)(2)(g), 39.1(A)(6), and 39.2(A)(6) are hereby enacted to read as11
follows: 12
§32.1. Vehicular homicide13
A. Vehicular homicide is the killing of a human being caused proximately14
or caused directly by an offender engaged in the operation of, or in actual physical15
control of, any motor vehicle, aircraft, watercraft, or other means of conveyance,16
whether or not the offender had the intent to cause death or great bodily harm,17
whenever any of the following conditions exists and such condition was a18
contributing factor to the killing:19
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(7) The operator's blood contains any detectable amount of any controlled1
dangerous substance listed in Schedule I, II, III, IV, or V as set forth in R.S. 40:9642
which has not been medically ordered or prescribed for the individual or a metabolite3
of a controlled dangerous substance.4
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§32.8. Third degree feticide6
A. Third degree feticide is:7
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(2) The killing of an unborn child caused proximately or caused directly by9
an offender engaged in the operation of, or in actual physical control of, any motor10
vehicle, aircraft, vessel, or other means of conveyance whether or not the offender11
had the intent to cause death or great bodily harm whenever any of the following12
conditions exist and such condition was a contributing factor to the killing:13
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(g) The operator's blood contains any detectable amount of any controlled15
dangerous substance listed in Schedule I, II, III, IV, or V as set forth in R.S. 40:96416
which has not been medically ordered or prescribed for the individual or a metabolite17
of a controlled dangerous substance.18
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§39.1. Vehicular negligent injuring20
A. Vehicular negligent injuring is the inflicting of any injury upon the person21
of a human being when caused proximately or caused directly by an offender22
engaged in the operation of, or in actual physical control of, any motor vehicle,23
aircraft, watercraft, or other means of conveyance whenever any of the following24
conditions exists:25
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(6) The operator's blood contains any detectable amount of any controlled27
dangerous substance listed in Schedule I, II, III, IV, or V as set forth in R.S. 40:96428 HLS 12RS-1142 ORIGINAL
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which has not been medically ordered or prescribed for the individual or a metabolite1
of a controlled dangerous substance.2
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§39.2. First degree vehicular negligent injuring4
A. First degree vehicular negligent injuring is the inflicting of serious bodily5
injury upon the person of a human being when caused proximately or caused directly6
by an offender engaged in the operation of, or in actual physical control of, any7
motor vehicle, aircraft, watercraft, or other means of conveyance whenever any of8
the following conditions exists:9
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(6) The operator's blood contains any detectable amount of any controlled11
dangerous substance listed in Schedule I, II, III, IV, or V as set forth in R.S. 40:96412
which has not been medically ordered or prescribed for the individual or a metabolite13
of a controlled dangerous substance.14
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§98. Operating a vehicle while intoxicated16
A.(1) The crime of operating a vehicle while intoxicated is the operating of17
any motor vehicle, aircraft, watercraft, vessel, or other means of conveyance when18
any of the following occur:19
(a) The operator is under the influence of alcoholic beverages; or.20
(b) The operator's blood alcohol concentration is 0.08 percent or more by21
weight based on grams of alcohol per one hundred cubic centimeters of blood; or.22
(c) The operator is under the influence of any controlled dangerous substance23
listed in Schedule I, II, III, IV, or V as set forth in R.S. 40:964; or.24
(d)(i) The operator is under the influence of a combination of alcohol and25
one or more drugs which are not controlled dangerous substances and which are26
legally obtainable with or without a prescription.27
(ii) It shall be an affirmative defense to any charge under this Subparagraph28
pursuant to this Section that the label on the container of the prescription drug or the29 HLS 12RS-1142 ORIGINAL
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manufacturer's package of the drug does not contain a warning against combining1
the medication with alcohol.2
(e)(i) The operator is under the influence of one or more drugs which are not3
controlled dangerous substances and which are legally obtainable with or without a4
prescription.5
(ii) It shall be an affirmative defense to any charge under this Subparagraph6
pursuant to this Section that the operator did not knowingly consume quantities of7
the drug or drugs which substantially exceed the dosage prescribed by the physician8
or the dosage recommended by the manufacturer of the drug.9
(f) The operator's blood contains any detectable amount of any controlled10
dangerous substance listed in Schedule I, II, III, IV, or V as set forth in R.S. 40:96411
which has not been medically ordered or prescribed for the individual or a metabolite12
of a controlled dangerous substance.13
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DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Pylant HB No. 726
Abstract: Provides relative to offenses involving operating a vehicle while the operator's
blood contains any detectable amount of a controlled dangerous substance or a
metabolite of a controlled dangerous substance.
Present law provides that the commission of vehicular homicide, third degree feticide,
vehicular negligent injuring, first degree vehicular negligent injuring, and operating a vehicle
while intoxicated can occur under any of the following conditions:
(1)The operator is under the influence of alcoholic beverages.
(2)The operator's blood alcohol concentration is 0.08 percent or more.
(3)The operator is under the influence of any controlled dangerous substance.
(4)The operator is under the influence of a combination of alcohol and one or more
drugs which are not controlled dangerous substances and which are legally
obtainable with or without a prescription.
(5)The operator is under the influence of one or more drugs which are not controlled
dangerous substances and which are legally obtainable with or without a
prescription. HLS 12RS-1142 ORIGINAL
HB NO. 726
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are additions.
Proposed law adds operating a vehicle while the operator's blood contains any detectable
amount of any controlled dangerous substance or a metabolite of a controlled dangerous
substance to the present law.
Proposed law provides for an exception for any controlled dangerous substance which has
been medically ordered or prescribed for the individual.
(Amends R.S. 14:98(A)(1); Adds R.S. 14:32.1(A)(7), 32.8(A)(2)(g), 39.1(A)(6), and
39.2(A)(6))