Louisiana law prohibits anyone from driving a motor vehicle if the driver’s Blood Alcohol Content (BAC) is 0.08 or above. For a driver under the age of twenty-one, a BAC of only 0.02 constitutes driving while intoxicated. Louisiana Revised Statute 14:98 is the statute which defines driving while intoxicated. The United States Department of Transportation defines an alcohol-related death from a motor vehicle as a fatality that occurs in a crash where at least one driver or another person such as a pedestrian or bicyclist involved in the accident has a BAC over 0.08. The latest statistics show that in the year 2009, there were 295 fatality automobile accidents in Louisiana where either a driver, pedestrian, or other person involved had a BAC of 0.08 or above. There were also 366 similar fatalities in Louisiana motor vehicle accidents where the driver or another person had a positive BAC value.
In Louisiana, the driver of a vehicle who causes injury or death because of his or her intoxication may also have civil liability to the person or persons injured for punitive or exemplary damages, in addition to all other damage caused in the accident, pursuant to Louisiana Civil Code Article 2315.4. If you have been injured in an automobile accident in Louisiana, call Gary P. Koederitz at Koederitz Law Firm, LLC at (225) 295-9494 for a free consultation regarding your claims.
