New Laws - Driving Offenses & One Random Offense

This week, we are addressing some changes the Louisiana Legislature made to the Driving While Intoxicated laws as well as a new sentencing enhancement for operating a vehicle without a properly attached license plate.

The Louisiana Legislature amended all of the Operating a Vehicle While Intoxicated to mandate that the Department of Motor Vehicles shall suspend a defendant’s Driver’s License if he submitted to a blood alcohol test and the results were 0.15 or higher. For a first offense, the Driver’s License shall be suspended for 2 years. For a second offense, 4 years. This amendment does allow the defendant to obtain a hardship license during the term of his suspension, as long as his vehicle is equipped with an ignition interlock device (a breathalyzer).

Louisiana Revised Statutes 32:57 has been amended to create a sentencing enhancement under the following circumstances:

If a violation of R.S. 32:53(A)(2) [improper display of a license plate] is committed in the preparation of or during the commission of a felony offense in order to escape detection, the violator shall be punished by an additional fine of two hundred dollars or by imprisonment of an additional thirty days, or both. For any violation of R.S. 32:53(A)(2), the vehicle may be immediately impounded.

La. R.S. 32:57(A)(2).

The Louisiana Legislature also enacted La. R.S 14:93.2.4 - Unlawful Swimming in Certain Waterways:

A. It shall be unlawful for any parent or legal guardian who has care and control of a minor, to permit a minor, either knowingly, willfully, or through criminal negligence to swim without wearing a Type 1, type II, Type III, or Type V personal floatation device approved by the United States Coast Guard in the portion of any river beginning from a water-controlled structure through which that river flows to a point seventy miles downstream when that structure creates a reservoir used to generate hydroelectric power. The distance provided for in this Subsection shall be measured from the structure along a line drawn downstream in the middle of the river bed.

(B)(1) On a first conviction, the parent or legal guardian shall be issued a warning ticket, fined not more than twenty-five dollars, or both.

(2) On a second conviction, the parent or legal guardian shall be fined not more than fifty dollars, imprisoned for not more than seven days, or both.

(3) On a third or subsequent conviction, the parent or legal guardian shall be fined not more than seventy-five dollars nor more than two hundred fifty dollars, imprisoned for not more than thirty days, or both.

La. R.S. 14:93.2.4.

If you or someone you know is facing criminal prosecution, give us a call at (318) 459-9111 to set up a consult.