GREEN SHEET REDIGEST
HB 776 2024 Regular Session Bryant
DWI: Provides relative to operating a vehicle while intoxicated.
DIGEST
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) and
certain other offenses involving the operation of a vehicle or watercraft under the influence
of drugs or alcohol.
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.
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), and R.S. 32:661(A)(1) and (2),
661.1(A), 661.2(A), 664(A), 666(A)(1)(a)(i) and (2)(c) and (B), 667.1(C)(2) and (3),
668(A)(1), 681(A)(introductory paragraph) and (B), (C), and (D); Adds R.S. 14:98(A)(3) and
R.S. 32:661(E) and 681(H); 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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Prepared by Jonathon Wagner. Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of
Criminal Justice to the original bill:
1. Relative to the unlawful refusal to submit to chemical tests, change the present
law reference from the first offense of operating a vehicle while intoxicated (R.S.
14:98.1) to underage operating a vehicle while intoxicated (R.S. 14:98.6).
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary C to the engrossed
bill
1. Make technical changes.
2. Change references from "abused substance or controlled dangerous substance"
to "drug, or combination of drugs".
3. Define the term "drug" for purposes of proposed law.
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Prepared by Jonathon Wagner.