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CODING: Words in struck through type are deletions from existing law; words underscored
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Regular Session, 2014
HOUSE BILL NO. 508
BY REPRESENTATIVE GREENE
DWI: Provides relative to certain offenses of operating a vehicle while intoxicated
AN ACT1
To enact R.S. 14:39.1(A)(6), 39.2(A)(6), and 98(A)(1)(f), relative to operating a vehicle2
while intoxicated; to provide relative to the crimes of vehicular negligent injuring,3
first degree vehicular negligent injuring, and operating a vehicle while intoxicated;4
to expand these crimes to include operating a vehicle with any detectable amount of5
a controlled dangerous substance in the operator's blood; and to provide for related6
matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 14:39.1(A)(6), 39.2(A)(6), and 98(A)(1)(f) are hereby enacted to read9
as follows: 10
§39.1. Vehicular negligent injuring11
A. Vehicular negligent injuring is the inflicting of any injury upon the person12
of a human being when caused proximately or caused directly by an offender13
engaged in the operation of, or in actual physical control of, any motor vehicle,14
aircraft, watercraft, or other means of conveyance whenever any of the following15
conditions exists:16
* * *17
(6) The operator's blood has any detectable amount of any controlled18
dangerous substance listed in Schedule I, II, III, or IV as set forth in R.S. 40:964, or19 HLS 14RS-1305 ORIGINAL
HB NO. 508
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are additions.
a metabolite of such controlled dangerous substance, that has not been medically1
ordered or prescribed for the individual.2
* * *3
§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
* * *10
(6) The operator's blood has any detectable amount of any controlled11
dangerous substance listed in Schedule I, II, III, or IV as set forth in R.S. 40:964, or12
a metabolite of such controlled dangerous substance, that has not been medically13
ordered or prescribed for the individual.14
* * *15
§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 when:18
* * *19
(f) The operator's blood has any detectable amount of any controlled20
dangerous substance listed in Schedule I, II, III, or IV as set forth in R.S. 40:964, or21
a metabolite of such controlled dangerous substance, that has not been medically22
ordered or prescribed for the individual.23
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HB NO. 508
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CODING: Words in struck through type are deletions from existing law; words underscored
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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)]
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))