HLS 24RS-1324 ORIGINAL
2024 Regular Session
HOUSE BILL NO. 776
BY REPRESENTATIVE BRYANT
DWI: Provides relative to operating a vehicle while intoxicated
1 AN ACT
2To amend and reenact R.S. 14:32.1(A)(1) and (3) through (5), 32.8(A)(2)(a) and (c) through
3 (e), 39.1(A)(1) and (3), 39.2(A)(1) and (3), 98(A)(1)(introductory paragraph), (a),
4 and (c) and (2), (C)(1)(e) and (3), (E), and (F)(1) and (2), 98.1(Section heading),
5 98.2(Section heading), 98.3(Section heading), 98.4(Section heading), 98.5(B)(4),
6 98.6(A), and 98.7(A), to enact R.S. 14:98(A)(3), and to repeal R.S. 14:32.1(A)(6)
7 and (7), 32.8(A)(2)(f) and (g), 39.1(A)(4) and (5), 39.2(A)(4) and (5), and
8 98(A)(1)(d) and (e), relative to operating a vehicle while intoxicated; to provide
9 relative to changes in terminology; to provide for a definition; to provide relative to
10 elements of certain offenses involving a motor vehicle and the operator of a motor
11 vehicle; and to provide for related matters.
12Be it enacted by the Legislature of Louisiana:
13 Section 1. R.S. 14:32.1(A)(1) and (3) through (5), 32.8(A)(2)(a) and (c) through (e),
1439.1(A)(1) and (3), 39.2(A)(1) and (3), 98(A)(1)(introductory paragraph), (a), and (c) and
15(2), (C)(1)(e) and (3), (E), and (F)(1) and (2), 98.1(Section heading), 98.2(Section heading),
1698.3(Section heading), 98.4(Section heading), 98.5(B)(4), 98.6(A), and 98.7(A) are hereby
17amended and reenacted and R.S. 14:98(A)(3) is hereby enacted to read as follows:
18 §32.1. Vehicular homicide
19 A. Vehicular homicide is the killing of a human being caused proximately
20 or caused directly by an offender engaged in the operation of, or in actual physical
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1 control of, any motor vehicle, aircraft, watercraft, or other means of conveyance,
2 whether or not the offender had the intent to cause death or great bodily harm,
3 whenever any of the following conditions exists and such condition was a
4 contributing factor to the killing:
5 (1) The operator is under the influence of impaired by alcoholic beverages
6 as determined by chemical tests administered under the provisions of R.S. 32:662.
7 * * *
8 (3)(a) The operator is under the influence of any controlled dangerous
9 substance listed in Schedule I, II, III, IV, or V as set forth in R.S. 40:964 impaired
10 by any other drug, combination of drugs, or combination of alcohol and drugs.
11 (b) As used in this Section, the term "drug" means any substance or
12 combination of substances that, when taken into the human body, can impair the
13 ability of the person to operate a vehicle safely.
14 (4) The operator is under the influence of impaired by alcoholic beverages.
15 (5)(a) The operator is under the influence of a combination of alcohol and
16 one or more drugs which are not controlled dangerous substances and which are
17 legally obtainable with or without a prescription.
18 (b) It shall be an affirmative defense to any charge under this Paragraph
19 pursuant to this Section that the label on the container of the prescription drug or the
20 manufacturer's package of the drug does not contain a warning against combining
21 the medication with alcohol.
22 (6) The operator is under the influence of one or more drugs which are not
23 controlled dangerous substances and which are legally obtainable with or without a
24 prescription and the influence is caused by the operator knowingly consuming
25 quantities of the drug or drugs which substantially exceed the dosage prescribed by
26 the physician or the dosage recommended by the manufacturer of the drug.
27 (7) The operator's blood has any detectable amount of any controlled
28 dangerous substance listed in Schedule I, II, III, or IV as set forth in R.S. 40:964, or
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1 a metabolite of such controlled dangerous substance, that has not been medically
2 ordered or prescribed for the individual.
3 * * *
4 §32.8. Third degree feticide
5 A. Third degree feticide is:
6 * * *
7 (2) The killing of an unborn child caused proximately or caused directly by
8 an offender engaged in the operation of, or in actual physical control of, any motor
9 vehicle, aircraft, vessel, or other means of conveyance whether or not the offender
10 had the intent to cause death or great bodily harm whenever any of the following
11 conditions exist and such condition was a contributing factor to the killing:
12 (a) The offender is under the influence of impaired by alcoholic beverages
13 as determined by chemical tests administered under the provisions of R.S. 32:662.
14 * * *
15 (c)(i) The offender is under the influence of any controlled dangerous
16 substance listed in Schedule I, II, III, IV, or V as set forth in R.S. 40:964 impaired
17 by any other drug, combination of drugs, or combination of alcohol and drugs.
18 (ii) As used in this Section, the term "drug" means any substance or
19 combination of substances that, when taken into the human body, can impair the
20 ability of the person to operate a vehicle safely.
21 (d) The offender is under the influence of impaired by alcoholic beverages.
22 (e)(i) The offender is under the influence of a combination of alcohol and
23 one or more drugs which are not controlled dangerous substances and which are
24 legally obtainable with or without a prescription.
25 (ii) It shall be an affirmative defense to any charge under this Subparagraph
26 that the label on the container of the prescription drug or the manufacturer's package
27 of the drug does not contain a warning against combining the medication with
28 alcohol.
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1 (f) The offender is under the influence of one or more drugs which are not
2 controlled dangerous substances and which are legally obtainable with or without a
3 prescription and the influence is caused by the offender's knowingly consuming
4 quantities of the drug or drugs which substantially exceed the dosage prescribed by
5 the physician or the dosage recommended by the manufacturer of the drug.
6 (g) The operator's blood has any detectable amount of any controlled
7 dangerous substance listed in Schedule I, II, III, or IV as set forth in R.S. 40:964, or
8 a metabolite of such controlled dangerous substance, that has not been medically
9 ordered or prescribed for the individual.
10 * * *
11 §39.1. Vehicular negligent injuring
12 A. Vehicular negligent injuring is the inflicting of any injury upon the person
13 of a human being when caused proximately or caused directly by an offender
14 engaged in the operation of, or in actual physical control of, any motor vehicle,
15 aircraft, watercraft, or other means of conveyance whenever any of the following
16 conditions exists:
17 (1) The offender is under the influence of impaired by alcoholic beverages.
18 * * *
19 (3)(a) The offender is under the influence of any controlled dangerous
20 substance listed in Schedule I, II, III, IV, or V as set forth in R.S. 40:964 impaired
21 by any other drug, combination of drugs, or combination of alcohol and drugs.
22 (b) As used in this Section, the term "drug" means any substance or
23 combination of substances that, when taken into the human body, can impair the
24 ability of the person to operate a vehicle safely.
25 (4)(a) The operator is under the influence of a combination of alcohol and
26 one or more drugs which are not controlled dangerous substances and which are
27 legally obtainable with or without a prescription.
28 (b) It shall be an affirmative defense to any charge under this Paragraph
29 pursuant to this Section that the label on the container of the prescription drug or the
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1 manufacturer's package of the drug does not contain a warning against combining
2 the medication with alcohol.
3 (5) The operator is under the influence of one or more drugs which are not
4 controlled dangerous substances and which are legally obtainable with or without a
5 prescription and the influence is caused by the operator knowingly consuming
6 quantities of the drug or drugs which substantially exceed the dosage prescribed by
7 the physician or the dosage recommended by the manufacturer of the drug.
8 * * *
9 §39.2. First degree vehicular negligent injuring
10 A. First degree vehicular negligent injuring is the inflicting of serious bodily
11 injury upon the person of a human being when caused proximately or caused directly
12 by an offender engaged in the operation of, or in actual physical control of, any
13 motor vehicle, aircraft, watercraft, or other means of conveyance whenever any of
14 the following conditions exists:
15 (1) The offender is under the influence of impaired by alcoholic beverages.
16 * * *
17 (3)(a) The offender is under the influence of any controlled dangerous
18 substance listed in Schedule I, II, III, IV, or V as set forth in R.S. 40:964, or any
19 abused substance impaired by any other drug, combination of drugs, or combination
20 of alcohol and drugs.
21 (b) As used in this Section, the term "drug" means any substance or
22 combination of substances that, when taken into the human body, can impair the
23 ability of the person to operate a vehicle safely.
24 (4)(a) The operator is under the influence of a combination of alcohol and
25 one or more drugs which are not controlled dangerous substances and which are
26 legally obtainable with or without a prescription.
27 (b) It shall be an affirmative defense to any charge under this Paragraph
28 pursuant to this Section that the label on the container of the prescription drug or the
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1 manufacturer's package of the drug does not contain a warning against combining
2 the medication with alcohol.
3 (5) The operator is under the influence of one or more drugs which are not
4 controlled dangerous substances and which are legally obtainable with or without a
5 prescription and the influence is caused by the operator knowingly consuming
6 quantities of the drug or drugs which substantially exceed the dosage prescribed by
7 the physician or the dosage recommended by the manufacturer of the drug.
8 * * *
9 §98. Operating a vehicle while intoxicated impaired
10 A.(1) The crime of operating a vehicle while intoxicated impaired is the
11 operating of any motor vehicle, aircraft, watercraft, vessel, or other means of
12 conveyance when any of the following conditions exist:
13 (a) The operator is under the influence of impaired by alcoholic beverages.
14 * * *
15 (c) The operator is under the influence of any controlled dangerous substance
16 listed in Schedule I, II, III, IV, or V as set forth in R.S. 40:964 impaired by any other
17 drug, combination of drugs, or combination of alcohol and drugs.
18 (d)(i) The operator is under the influence of a combination of alcohol and
19 one or more drugs that are not controlled dangerous substances and that are legally
20 obtainable with or without a prescription.
21 (ii) It shall be an affirmative defense to any charge under this Subparagraph
22 that the label on the container of the prescription drug or the manufacturer's package
23 of the drug does not contain a warning against combining the medication with
24 alcohol.
25 (e)(i) The operator is under the influence of one or more drugs that are not
26 controlled dangerous substances and that are legally obtainable with or without a
27 prescription.
28 (ii) It shall be an affirmative defense to any charge under this Subparagraph
29 that the operator did not knowingly consume quantities of the drug or drugs that
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1 substantially exceed the dosage prescribed by the physician or the dosage
2 recommended by the manufacturer of the drug.
3 (2) A valid driver's license shall not be an element of the offense, and the
4 lack thereof shall not be a defense to a prosecution for operating a vehicle while
5 intoxicated impaired.
6 (3) As used in this Section, the term "drug" means any substance or
7 combination of substances that, when taken into the human body, can impair the
8 ability of the person to operate a vehicle safely.
9 * * *
10 C.(1) For purposes of determining whether a defendant has a prior
11 conviction for a violation of this Section, a conviction under any of the following
12 shall constitute a prior conviction:
13 * * *
14 (e) A law of any state or an ordinance of a municipality, town, or similar
15 political subdivision of another state that prohibits the operation of any motor
16 vehicle, aircraft, watercraft, vessel, or other means of conveyance while intoxicated,
17 while impaired, or while under the influence of alcohol, drugs, or any controlled
18 dangerous substance, or as otherwise provided by R.S. 13:1894.1.
19 * * *
20 (3) For purposes of this Section, a prior conviction shall not include a
21 conviction for an offense under this Section, a conviction for an offense under R.S.
22 14:39.1, or a conviction under the laws of any state or an ordinance of a
23 municipality, town, or similar political subdivision of another state which prohibits
24 the operation of any motor vehicle, aircraft, watercraft, vessel, or other means of
25 conveyance while intoxicated, while impaired, or while under the influence of
26 alcohol, drugs, or any controlled dangerous substance, or as otherwise provided by
27 R.S. 13:1894.1, if committed more than ten years prior to the commission of the
28 crime for which the defendant is being tried, and such conviction shall not be
29 considered in the assessment of penalties in this Section. However, periods of time
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1 during which the offender was awaiting trial, under an order of attachment for failure
2 to appear, or on probation or parole for an offense described in this Paragraph, or
3 periods of time during which an offender was incarcerated in a penal institution in
4 this or any other state for any offense, including an offense described in Paragraph
5 (1) of this Subsection, shall be excluded in computing the ten-year period.
6 * * *
7 E. The legislature hereby finds and declares that conviction of a third or
8 subsequent offense of operating while intoxicated impaired is presumptive evidence
9 of the existence of a substance abuse disorder that poses a serious threat to the health
10 and safety of the public. Further, the legislature finds that there are successful
11 treatment methods available for treatment of addictive disorders.
12 F.(1) On a third or subsequent conviction of operating while intoxicated
13 impaired pursuant to this Section, in addition to any other sentence, the court shall
14 order, upon motion of the prosecuting district attorney, that the vehicle being
15 operated by the offender at the time of the offense be seized and impounded, and be
16 sold at auction in the same manner and under the same conditions as executions of
17 writs of seizure and sale as provided in Book V, Title II, Chapter 4 of the Code of
18 Civil Procedure.
19 (2) The vehicle shall be exempt from sale if it was stolen, or if the driver of
20 the vehicle at the time of the violation was not the owner and the owner did not know
21 that the driver was operating the vehicle while intoxicated impaired. If this
22 exemption is applicable, the vehicle shall not be released from impoundment until
23 such time as towing and storage fees have been paid. In addition, the vehicle shall
24 be exempt from sale if all towing and storage fees are paid by a valid lienholder.
25 * * *
26 §98.1. Operating while intoxicated impaired; first offense; penalties
27 * * *
28 §98.2. Operating while intoxicated impaired; second offense; penalties
29 * * *
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1 §98.3. Operating while intoxicated impaired; third offense; penalties
2 * * *
3 §98.4. Operating while intoxicated impaired; fourth offense; penalties
4 * * *
5 §98.5. Special provisions and definitions
6 * * *
7 B.
8 * * *
9 (4) An offender who has been convicted of any second violation of any state
10 or local law or ordinance prohibiting operating a vehicle while intoxicated impaired,
11 committed within five years of the commission of any prior operating while
12 intoxicated impaired violation, shall not be eligible for home incarceration until the
13 offender has first served a minimum of forty-eight consecutive hours of
14 imprisonment.
15 * * *
16 §98.6. Underage operating while intoxicated impaired
17 A. The crime of underage operating a vehicle while intoxicated impaired is
18 the operating of any motor vehicle, aircraft, watercraft, vessel, or other means of
19 conveyance when the operator's blood alcohol concentration is 0.02 percent or more
20 by weight based on grams of alcohol per one hundred cubic centimeters of blood, if
21 the operator is under the age of twenty-one.
22 * * *
23 §98.7. Unlawful refusal to submit to chemical tests; arrests for driving while
24 intoxicated impaired
25 A. No person under arrest for a violation of R.S. 14:98, 98.1, or any other
26 law or ordinance that prohibits operating a vehicle while intoxicated impaired, may
27 refuse to submit to a chemical test when requested to do so by a law enforcement
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1 officer if he has refused to submit to such test on two previous and separate
2 occasions of any such violation.
3 * * *
4 Section 2. R.S. 14:32.1(A)(6) and (7), 32.8(A)(2)(f) and (g), 39.1(A)(4) and (5),
539.2(A)(4) and (5), and 98(A)(1)(d) and (e) are hereby repealed in their entirety.
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)]
HB 776 Original 2024 Regular Session Bryant
Abstract: Provides relative to the terminology and elements of particular offenses
involving operation of a vehicle when the offender is intoxicated.
Present law provides for the offenses of vehicular homicide (R.S. 14:32.1), third degree
feticide (R.S. 14:32.8), 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).
Proposed law retains present law in general but amends certain provisions of each present
law as follows:
(1)Changes terminology of "under the influence" to "impaired".
(2)Defines the term "drug" to mean any substance or combination of substances that,
when taken into the human body, can impair the ability of the person to operate a
vehicle safely.
(3)Removes the element that 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.
(4)Removes an affirmative defense to any charge under present law that the label on the
container of the prescription drug or the manufacturer's package of the drug does not
contain a warning against combining the medication with alcohol.
(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.
Present law (R.S. 14:98, 98.1, 98.2, 98.3, 98.4, 98.5, 98.6) provides for the offenses of
operating a vehicle while intoxicated.
Proposed law changes the terminology used in present law from "under the influence" to
"impaired".
Present law (R.S. 14:98.7) provides for the unlawful refusal to submit to chemical tests
during arrests for driving while intoxicated.
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Proposed law changes the terminology used in present law from "under the influence" to
"impaired".
(Amends R.S. 14:32.1(A)(1) and (3)-(5), 32.8(A)(2)(a) and (c)-(e), 39.1(A)(1) and (3),
39.2(A)(1) and (3), 98(A)(1)(intro. para.), (a), and (c) and (2), (C)(1)(e) and (3), (E), and
(F)(1) and (2), 98.1(Section heading), 98.2(Section heading), 98.3(Section heading),
98.4(Section heading), 98.5(B)(4), 98.6(A), and 98.7(A); Adds R.S. 14:98(A)(3); Repeals
R.S. 14:32.1(A)(6) and (7), 32.8(A)(2)(f) and (g), 39.1(A)(4) and (5), 39.2(A)(4) and (5), and
98(A)(1)(d) and (e))
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