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)]
Greene HB No. 508
Abstract: Expands vehicular negligent injuring, first degree vehicular negligent injuring, and
operating a vehicle while intoxicated to include operating a vehicle with any detectable
amount of a controlled dangerous substance in the operator's blood.
Present law provides for the crimes of vehicular negligent injuring (R.S. 14:39.1), first degree
vehicular negligent injuring (R.S. 14:39.2), and operating a vehicle while intoxicated (R.S.
14:98) and provides as elements of the offense that during the operation of the vehicle:
(1)The offender is under the influence of alcoholic beverages.
(2)The offender's blood alcohol concentration is 0.08 % or more by weight based upon
grams of alcohol per one hundred cubic centimeters of blood.
(3)The offender is under the influence of any controlled dangerous substance listed in
Schedule I, II, III, IV, or V as set forth in present law (R.S. 40:964).
(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 and
the influence is caused by the operator knowingly consuming 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.
Proposed law retains present law and adds as an element to each of these offenses that during the
operation of the vehicle the operator's blood has any detectable amount of any controlled
dangerous substance listed in Schedule I, II, III, or IV as set forth in present law (R.S. 40:964), or
a metabolite of such controlled dangerous substance, that has not been medically ordered or
prescribed for the individual.
(Adds R.S. 14:39.1(A)(6), 39.2(A)(6), and 98(A)(1)(f))