Legal Limits For Drinking and Driving in Louisiana:

The limit of blood alcohol concentration at which a driver is considered legally intoxicated is 0.08%. Testing shows that a person with a blood alcohol concentration level of 0.08% will have poor muscle coordination which affects their balance, speech, vision, reaction time, and hearing. They will also have impaired judgement, self control, reasoning ability, and memory. Finally, a person with this level of alcohol concentration will experience a loss of concentration, reduced information processing capability, and impaired perception. If the driver is under the age of twenty-one, then the legal limit for operation of a vehicle is only 0.02%. Although this limit might seem low, testing has shown that people with 0.02% blood alcohol concentration may exhibit loss of judgement, relaxation, a decline in visual function, and a loss of their ability to properly perform two tasks at the same time. For many people, one drink will raise their blood alcohol concentration level above 0.02%.

Louisiana Criminal and Traffic Laws Related to Driving while Impaired:

Louisiana Revised Statute 14:98 defines the operation of a vehicle while intoxicated as operating any motor vehicle, aircraft, watercraft, vessel, or other means of conveyance when the operator is under the influence of alcoholic beverages, or if the operator’s blood alcohol concentration is 0.08% or more by weight based on grams of alcohol per 100 cubic centimeters of blood. Operating a vehicle while intoxicated also includes the operation of a motor vehicle, aircraft, watercraft, vessel, or other means of conveyance when the operator is under the influence of any controlled dangerous substance listed in certain schedules in Louisiana Revised Statute 40:964, or the operator is under the influence of a combination of alcohol and one or more drugs that are not controlled substances and which are legally obtainable with or without a prescription.

As Revised Statute 14:98 is written, an individual can be guilty of operating a vehicle while intoxicated even if his or her blood alcohol concentration is lower than 0.08%, since it is sufficient for the operator to be “under the influence” of alcoholic beverages, or “under the influence” of a controlled dangerous substance. If the driver of the vehicle or other conveyance does not have a valid driver’s license, that is not a defense to a conviction.

Louisiana Revised Statute 14:98.1 applies to an underage person operating a vehicle while intoxicated. “Underage” is defined as a person who is under the age of twenty-one. For an underage person, the crime of operating a vehicle while intoxicated occurs when the driver’s blood alcohol content is 0.02% or more.

Louisiana Revised Statute 32:661 provides that a person who operates a motor vehicle upon the public highways of Louisiana is deemed to have given consent to a chemical test or tests of his blood, breath, urine, or other bodily substance for the purpose of determining the alcoholic of the driver’s blood and the presence of any abused substance or controlled dangerous substance described in another statute. If the blood alcohol concentration for a person over twenty-one is 0.08% or more, or for a person under age twenty-one it is 0.02% or more, it will be presumed that the person was under the influence of alcoholic beverages, pursuant to Louisiana Revised Statute 32:662. In the case of any traffic fatality, the coroner or whomever he designates must perform or cause to be performed a toxicology screen on the victim of the accident.

Louisiana Civil Laws Regarding Driving While Intoxicated:

Louisiana Civil Code Article 2315 provides the basic rule that one who injures another must compensate that person for his or her injuries. Louisiana Civil Code Article 2315.4 provides that, in addition to the damages sustained by the victim of a drunk driver, exemplary damages may also be awarded upon proof that the injuries were caused by a wanton or reckless disregard for the rights and safety of others by a defendant whose intoxication while operating a motor vehicle was a cause in fact of the resulting injuries. Exemplary damages are referred to as punitive damages in most states, and they are often awarded as a multiple of the other damages sustained by the victim. Most importantly for victims of drunk drivers, Louisiana law allows an automobile insurance company to exclude payment of exemplary damages from any payments it must make for its insured driver. Thus, a drunk driver may be responsible for payment of exemplary or punitive damages from his or her own funds, and he is usually not insured for that portion of a victim’s claim. However, if the drunk driver is acting within the course and scope of his or her employment at the time of an accident, the drunk driver’s employer may be legally responsible for payment of all damages, including punitive or exemplary damages.

In one case, a Louisiana Court of Appeal found that the factors relevant in determining the amount of exemplary damages due were the nature and extent of the harm suffered by the injured victim, the wealth and financial situation of the defendant drunk driver, the character of the conduct involved, and the extent to which the drunk’s conduct offended the sense of justice and propriety. Angeron v. Martin, 93-2381 (La.App. 1 Cir. 12/22/94), 649 So.2d 40.

In another case, a Louisiana Court of Appeal affirmed an award of $500,000.00 in exemplary or punitive damages in a drunk driving case. In Mosing v. Domas, 2001-0265 (La.App. 3 Cir. 10/03/01), 798 So.2d 1105, the court considered the long history of alcohol-related offenses committed by the drunk driver, the level of intoxication of the driver following the accident, and the fact that the drunk driver tried to leave the scene of the accident, the Court of Appeal affirmed the award of $500,000.00. The Court of Appeal stated in Mosing that the drunk driver and others should be deterred from drinking and driving, and that this driver should be punished for failing to obey the rules of civilized society and for the wanton disregard of the rights and safety of others.

If you have been involved in a crash with a drunk driver, please call us for a free consultation.