Legal Question in DUI Law in Louisiana

Re: dwi

Dear Law Guru Friend,

Using your search engine, go to the web-site of the Louisiana Legislature and click on Louisiana laws, and then go to Revised Statutes and then search for Title 14, Section 98, and that will give you the DWI (DUI) law of Louisiana, at least the main statute. Then click on the sections following that for more relevant statutory law concerning DWI (DUI), etc. Just read it just like us lawyers do. If after having read it, you still have questions, feel free to re-post or to contact me at [email protected]. No charge for talking. I am a retired lawyer and no longer practice law in Louisiana. Good luck!

Sincerely,

Hardy Parkerson, Attorney -Retired; Lake Charles, LA

P.S.: Attached is the beginning of Title 14, Section 98. Of course, this posting set-up will take only so many words. The statute is much longer than what will be shown here. HMP

LA Revised Statute, Title 14:98:

�98. Operating a vehicle while intoxicated

A.(1) The crime of operating a vehicle while intoxicated is the operating of any motor vehicle, aircraft, watercraft, vessel, or other means of conveyance when:

(a) The operator is under the influence of alcoholic beverages; or

(b) The operator's blood alcohol concentration is 0.08 percent or more by weight based on grams of alcohol per one hundred cubic centimeters of blood; or

(c) The operator is under the influence of any controlled dangerous substance listed in Schedule I, II, III, IV, or V as set forth in R.S. 40:964; or

(d)(i) The operator is under the influence of a combination of alcohol and one or more drugs which are not controlled dangerous substances and which are legally obtainable with or without a prescription.

(ii) It shall be an affirmative defense to any charge under this Subparagraph pursuant to this Section that the label on the container of the prescription drug or the manufacturer's package of the drug does not contain a warning against combining the medication with alcohol.

(e)(i) The operator is under the influence of one or more drugs which are not controlled dangerous substances and which are legally obtainable with or without a prescription.

(ii) It shall be an affirmative defense to any charge under this Subparagraph pursuant to this Section that the operator did not knowingly consume quantities of the drug or drugs which substantially exceed the dosage prescribed by the physician or the dosage recommended by the manufacturer of the drug. (MORE TO FOLLOW IN ORIGINAL LAW BOOK.)