SSHB776 4274 4659
HOUSE SUMMARY OF SENATE AMENDMENTS
HB 776 2024 Regular Session Bryant
DWI: Provides relative to operating a vehicle while intoxicated
Synopsis of Senate Amendments
1.Makes technical changes.
2.Changes references from "abused substance or controlled dangerous substance"
to "drug, or combination of drugs" within certain provisions of Title 32 of the
La. Revised Statutes of 1950.
3.Defines the term "drug" for purposes of proposed law within certain provisions
of Title 32 of the La. Revised Statutes of 1950.
Digest of Bill as Finally Passed by Senate
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.
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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), 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)(intro. para.) 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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