It's important to be familiar with traffic laws created to regulate Louisiana roadways. Please use these convenient resources to learn more about traffic laws with everyone's safety in mind.​

 

Louisiana State Laws

Cell Phones – Hands-free (R.S. 32:59) - No person is allowed to utilize any wireless telecommunications device while operating a motor vehicle upon any public road or highway, unless the motor vehicle is lawfully stationary. Violation of Hands-free law is classified as a nonmoving violation. There are exceptions to the prohibition against the use of wireless telecommunications devices if a person does any of the following: (1) Reports a traffic collision, medical emergency, other emergency, or serious road hazard. (2) Reports a situation in which a person believes an individual can suffer serious injury or death. (3) Relays information between a transit of a for-hire operator, including a transportation network company driver, and that operator's dispatcher, in which the device is affixed to the vehicle. (4) Operates a wireless telecommunications device while the motor vehicle is lawfully stationary and not in violation of any other law. Specifies that a utility vehicle or roadside assistance vehicle parked while the utility worker or roadside responder is in the course and scope of performing his duties must be considered lawfully stationary. (5) Uses a wireless telecommunications device in an official capacity as an operator of an authorized emergency vehicle while in performance of official duties as a law enforcement officer, firefighter, or emergency services or EMS practitioner. (6) Views data or images related to navigation of a motor vehicle using a hands-free global positioning system. (7) Dials 9-1-1 to report a crime in progress.

If a violation occurs in a school zone or a highway construction zone, it is a primary offense and is punishable by a fine of $250. Additionally, specifies that at the judge's discretion, the fine may be reduced to $100 with community service not to exceed 15 hours, consisting of half the hours dedicated to a litter abatement program in a school zone or highway construction zone.

If a violation occurs in any location other than a school zone or 3991 highway construction zone, it constitutes a secondary offense when the officer detains the driver for an alleged violation of another provision of law and is punishable by a fine of $100. Additionally, specifies that at the judge's discretion, the fine may be reduced to $50 with community service not to exceed 15 hours, with half of the hours being dedicated to a litter abatement program.

If a person is involved in a crash at the time of the violation, the fine will be equal to double the amount of the fine imposed and the law enforcement officer investigating the crash must indicate on the written accident report that a wireless telecommunications device was used at the time of the crash.

Law enforcement officers can only issue a written warning for violations of Hands-free law occurring before Jan. 1, 2026.

Graduated Licensing (R.S. 32:407) - Applies to first time driver license applicants 15-17 years old. Those aged 15 must complete a DPS approved driver's education course, pass an eye test and pass a road knowledge test in order to receive a learner's permit. Upon turning 16, the learners permit may be converted to an intermediate license if the learner's permit has been held for at least 6 months with no at-fault driving accidents or moving violations or seat belt violations. The applicant must also pass an on-road skills test and the parent or guardian must provide a signed statement that the applicant has at least 50 hours of supervised driving practice with a licensed adult driver and at least 15 of those hours must be a night. A curfew is imposed. After one year free of at-fault accidents and no citations, the intermediate license may be upgraded to a regular class E license.

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. 14:98(J)) - 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 -3rd DWI conviction shall not be suspended and for 4th DWI conviction at least two years of the sentence shall be imposed without benefit of suspension.

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 to drive or occupy a moving motor vehicle in possession of an alcoholic beverage open to consumption.

BAC .08 (R.S. 14:98) - 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 365 day suspension for first offense; two years for second offense and three years for third and subsequent offenses.

Refusal of chemical test and consequences (R.S. 32:666) (R.S. 32:667) - Third refusal of a chemical test for blood alcohol arising from DWI arrest is a crime under R.S. 14:98.2. A refusal of such test by a driver in a fatal crash is illegal. First refusal subjects the offender to a one year driver's license suspension, with a two year suspension for subsequent offenses.

Ignition Interlock (R.S. 32:378.2) (R.S. 32:415.1A(1)(f)) (R.S. 32:667) - The restricted hardship driver's license is available to offenders suspended for a DWI conviction or for refusing or failing a chemical test subsequent to a DWI arrest. Second offense convictions must be suspended 45 days before eligibility for the interlock license occurs and third offenders must wait a year before obtaining the interlock restricted license.

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.

Driving with headsets on (R.S. 32:295.2) - Prohibits the wearing of headphones by any operator of a motor vehicle. "Headphones" are defined as a headset, headphone, or listening device other than a hearing aid, which covers or is inserted in both ears. Law enforcement and certain motorcycle helmets are exempted from enforcement. The penalty is a $25 fine plus court costs.

Pickup Trucks (R.S. 32:284) - Under 12 years of age may not ride in an open truck bed or trailer.

Incompetence (R.S. 32:424) - The Department of Public Safety and Corrections may, with good cause, request any driver to submit to an examination to insure his competency to possess a Louisiana driver’s license. Refusal to submit is grounds for suspension of license.

Headlights (R.S. 32:301) (R.S. 32:322) - Every vehicle upon a highway within this state shall display lighted lamps and illuminating devices (1) At any time between sunset and sunrise. (2) When, due to insufficient light or unfavorable atmospheric conditions, persons and vehicles on the highway are not clearly discernible at a distance of five hundred feet ahead. (3) When moisture in the air or precipitation necessitates the continuous use of windshield wipers.

Move Over (R.S. 32:125) - Upon the immediate approach of an authorized emergency vehicle making use of audible or visual signals, or of a police vehicle properly and lawfully making use of an audible signal only, the driver of every other vehicle shall yield the right-of-way and shall immediately drive to a position parallel to, and as close as possible to, the right-hand edge or curb of the highway clear of any intersection, and shall stop and remain in such position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer.

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.