Impaired Driving LAWS
Zero Tolerance for under 21 (R.S. 14:98.6) - .02 BAC** for persons under 21 years of age
Alcohol under 21 (R.S. 14:93.10) (R.S. 14:93.11) (R.S. 14:93.12) - It is illegal for persons under the age of 21 to buy, consume, or have an alcoholic beverage in their possession
Provider (R.S. 14:93.13) - It is illegal for any person, other than a parent, spouse, or legal guardian, to purchase alcohol beverages on behalf of a person under 21 years of age.
Contributing (R.S. 14:92) - Intentional enticing, aiding, soliciting, or permitting, by anyone over the age of 17, of any child under the age of 17, with no exception for emancipation, marriage, or otherwise, to visit any place where alcohol is the principle commodity sold or given away.
Child Endangerment (R.S. 14:98B) - If a child 12 years or younger is a passenger in a vehicle where the driver is charged with DWI, the minimum mandatory sentence for 1st - 4th DWI conviction shall not be suspended.
Improper Supervision (R.S. 14:92.2) - A parent or legal custodian of a minor, through criminal negligence, the permitting of a minor to violate a local or municipal curfew ordinance or enter the premises known by the parent or custodian as a place of underage drinking.
Open Container (R.S. 32:300) - It is illegal for any occupant of a vehicle to possess an alcoholic beverage that is open to consumption
BAC .08 (R.S. 14:98) (R.S. 14:98.6) - DWI for all drivers over the age of 21 is .08 BAC; under 21 the BAC limit is .02
Driver's License Seizure (R.S. 32:414) - A DWI conviction will result in a minimum 365 day suspended driver's license.
Refusal of chemical test and consequences (R.S. 32:666) (R.S. 32:667) - A driver involved in a fatality does not have the right to refuse a chemical test to determine alcohol impairment. As a result of any other violation that prohibits operating a vehicle while intoxicated the suspect may refuse after being told the consequences. Result of consequences: Driver's license will be seized, issuance of license or permit denied for 12 months for first offense and 24 months for subsequent offenses, refusal is admissible in a criminal action and a civil action to suspend, revoke, or cancel his driving privileges.
Rules governing required functioning ignition interlock device restricted driver's license subsequent to DWI arrest or conviction: (R.S. 32:378.2) (R.S. 32:414) (R.S. 32:415.1) (R.S.32:667) (R.S. 32:668) - Requires installation of ignition interlock devices to be eligible for a hardship driver's license upon arrest of a first offense DWI or for one year ignition interlock upon first offense DWI conviction. Duration extends for multiple convictions.
Occupant Protection LAWS
Primary Seatbelt (R.S. 32:295.1) - vehicle 10,000 lbs. or less, all occupants must have seat belt when vehicle is in motion
Child Occupant Seatbelt (R.S. 32:295) - Children under the age of 6 years or less than 60 lbs. must be in a child restraint system or booster seat that is age and size appropriate, in accordance with manufacturers recommendations. Children 6 to 12 years of age must be restrained by a lap belt, shoulder harness, or an age / size appropriate child safety or booster seat.
Child Restraint Affidavit (R.S. 32:414T) - The department shall send written notification to the driver to inform them of 30 day allowance for the driver to show an affidavit for proof that an appropriate child safety seat has been obtained. Following the 30 day period, if not affidavit has been provided, the Department shall suspend the license of any person upon notification of the first or second conviction, until such time as he provides the department with a notarized affidavit stating he has acquired an approved age- or size-appropriate child restraint system where applicable and has complied with all other requirements of reinstatement as provided by law and department regulation.
Motorcycle Helmet (R.S. 32:190) - all motorcycle operators and passengers must wear a motorcycle helmet.
Child Passenger Safety LAWS
Child Occupant Seatbelt (R.S. 32:295) - Children under the age of 6 years or less than 60 lbs. must be in a child restraint system or booster seat that is age and size appropriate, in accordance with manufacturers recommendations. Children 6 to 12 years of age must be restrained by a lap belt, shoulder harness, or an age / size appropriate child safety or booster seat.
Child Restraint Affidavit (R.S. 32:414T) - The department shall send written notification to the driver to inform them of a 30 day allowance for the driver to show an affidavit for proof that an appropriate child safety seat has been obtained. Following the 30 day period, if no affidavit has been provided, the Department shall suspend the license of any person upon notification of the first or second conviction, until such time as he provides the department with a notarized affidavit stating he has acquired an approved age- or size-appropriate child restraint system where applicable and has complied with all other requirements of reinstatement as provided by law and department regulation.
CHILD SAFETY SEAT AFFIDAVIT
In accordance with R.S. 32:414T, the department shall suspend the license of any person upon notification of the first or second conviction under R.S. 32:295, until such time as he provides the department with a notarized affidavit stating he has acquired an approved age- or size-appropriate child restraint system.
Click here for copy of Affidavit