Louisiana

Implied Consent Laws

Drugs

RS 32:661 - Learn More
Any person, regardless of age, who operates a motor vehicle upon the public highways of this state shall be deemed to have given consent, subject to the provisions of R.S. 32:662, to a chemical test or tests of his blood, breath, urine, or other bodily substance for the purpose of determining the alcoholic content of his blood, and the presence of any abused substance or controlled dangerous substance…

Blood

RS 32:661 - Learn More
Any person, regardless of age, who operates a motor vehicle upon the public highways of this state shall be deemed to have given consent, subject to the provisions of R.S. 32:662, to a chemical test or tests of his blood, breath, urine, or other bodily substance for the purpose of determining the alcoholic content of his blood, and the presence of any abused substance or controlled dangerous substance…

Urine

RS 32:661 - Learn More
Any person, regardless of age, who operates a motor vehicle upon the public highways of this state shall be deemed to have given consent, subject to the provisions of R.S. 32:662, to a chemical test or tests of his blood, breath, urine, or other bodily substance for the purpose of determining the alcoholic content of his blood, and the presence of any abused substance or controlled dangerous substance…

Oral Fluids

RS 32:661 - Learn More
Not specific to oral fluids

Other

RS 32:661 - Learn More
Any person, regardless of age, who operates a motor vehicle upon the public highways of this state shall be deemed to have given consent, subject to the provisions of R.S. 32:662, to a chemical test or tests of his blood, breath, urine, or other bodily substance for the purpose of determining the alcoholic content of his blood, and the presence of any abused substance or controlled dangerous substance…

DUI Statutes

Drugs

RS 14:98 - Learn More
The crime of operating a vehicle while intoxicated is the operating of any motor vehicle, aircraft, watercraft, vessel, or other means of conveyance when any of the following conditions exist:…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; The operator is under the influence of a combination of alcohol and one or more drugs that are not controlled dangerous substances and that are legally obtainable with or without a prescription; The operator is under the influence of one or more drugs that are not controlled dangerous substances and that are legally obtainable with or without a prescription.

Combined/Multiple Substance

RS 14:98 - Learn More
The crime of operating a vehicle while intoxicated is the operating of any motor vehicle, aircraft, watercraft, vessel, or other means of conveyance when any of the following conditions exist:…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; The operator is under the influence of a combination of alcohol and one or more drugs that are not controlled dangerous substances and that are legally obtainable with or without a prescription; The operator is under the influence of one or more drugs that are not controlled dangerous substances and that are legally obtainable with or without a prescription.

Refusal Law to Chemical Testing (Not Alcohol)

Penalties

RS 32:666 -
RS 14:98.7 - Learn More
Drivers who refuse to submit to a lawfully requested blood, urine, or breath test face a one-year license suspension. A second or subsequent test refusal within ten years will result in a two-year license suspension. Third refusals are subject to same penalties as first offense DUI (see RS 14:98.1)

Can Refusal Be Used as Evidence?

Admin Hearing or Civil Trial

In Civil trial: No. RS 32:666 In Administrative Driver’s License Hearing: Yes. RS 32:668

Criminal Trial

RS 32:666
Yes: “Evidence of refusal shall be admissible in any criminal action or proceeding arising out of acts alleged to have been committed…”

ALR Laws

Cannabis

Not applicable for cannabis
Administrative law provisions only apply to alcohol-related DWIs.

Length/Time of Restriction

Not applicable for cannabis

Hardship License Available

Not applicable for cannabis

Random Drug Testing or Ignition Interlock Requirements

Cannabis

32:378.2 - Learn More
Not specific to cannabis, applicable to all DWIs

Other Drugs

32:378.2 - Learn More
Not specific to cannabis, applicable to all DWIs

Zero Tolerance Level for People Under 21 Who Are Driving Under the Influence of Cannabis or Other Drugs

14:98.6 - Learn More
Underage DWI is based on operator’s BAC of .02 grams percent or greater, if the operator is under the age of 21.

Cannabis Per Se Statute

No

Threshold

n/a

Nanogram Limit

n/a

DUI Standards

Statute indicates driver must be under the influence.

Provisions for Screening Cannabis/Assessment/Education/Treatment

RS 14:98.1-4 - Learn More and RS 14:98.1.5.1
All DUI penalties include substance abuse evaluation and programs 14:98.1 and 14:98.2 allow for, but do not require, a substance abuse evaluation. On a second or subsequent DWI conviction, the court may order the offender to undergo an assessment that uses a standardized evidence-based instrument performed by a physician to determine whether the offender has a diagnosis for alcohol or drug dependence and would benefit from court-approved treatment.

Additional Penalties

No additional penalties for cannabis-impaired driving

Cannabis Impaired Driving Penalties

RS 14:98.1-4 - Learn More
First offense misdemeanor – fine of $300-$1,000 (plus fees), $750-$1,000 for .20 BAC or higher; jail for a period of 10 days to 6 months (all jail time can be suspended up to .149, .150 and above first 48 hours served w/o suspension); 32 hours of community service; substance abuse program which may include an assessment; driver improvement program; license suspension for 90 days for .08 to .199, license suspension for 2 years for .20 and above.
Second Offense misdemeanor – fine of $750-$1,000 (plus fees), $1,000 for .20 or higher; jail for a period of 30 days to 6 months (all but 48 hours of jail time can be suspended up to .149; all but 96 hours if .15 or higher); 240 hours community service; substance abuse program which may include an assessment; driver improvement program; ignition interlock for minimum of 6 months, three years if .20 or higher; license suspension for 1 year up to .199, for 4 years for .20 or higher. All penalties escalate if predicate offense was vehicular homicide, feticide, or injury.
Third offense felony – mandatory $2,000 fine; jail for a period of 1 to 5 years (all but 1 year of jail time can be suspended. No minimum mandatory if enrolled in DWI court); 240 hours of community service; obtain employment; undergo a substance abuse evaluation; ignition interlock until substance use treatment is completed and during entire time of license suspension; possible seizure and sale of the vehicle being operated; driver’s license suspension for 2 years.
Fourth offense felony – mandatory $5,000 fine; jail for 10 to 30 years (all but 2 years of jail time can be suspended), no minimum mandatory if enrolled in DWI court; 320 hours of community service; obtain employment; undergo a substance abuse evaluation; ignition interlock until substance use treatment is completed and during entire time of license suspension; possible vehicle seizure and sale of the vehicle being operated at the time of arrest with the proceeds forfeited to the state; license suspension 2 years; mandatory psychological testing.

Are the Impaired Driving Penalties the Same for Alcohol?

Yes

Are Combined Substances Mentioned in DUI Statute?

RS 14:98 - Learn More
Yes, defined as under the influence of a combination of alcohol and/or one or more drugs that are controlled dangerous substances; under the influence of one or more drugs that controlled dangerous substances that are legally obtainable with or without a prescription.

Penalties for Multiple Substance/Multiple Substance Impaired Driving

No

Child Endangerment or Enhanced Penalties for Driving Impaired by Cannabis/Drugs with Child in Car

RS 14:98 - Learn More
If a child 12 years old or younger is a passenger in the vehicle when a DWI is committed, then the mandatory sentence cannot be suspended.  

Statutes with THC Listed as Delta 8, 9, 10, or 11

n/a
Note: Therapeutic Use of Marijuana Law is contained in RS 40:1046

Electronic Warrant Program

Statewide

No Data Available

By Locality

No Data Available

Law Enforcement Phlebotomy Program

No Data Available

Oral Fluid

For Drug Detection

No Data Available

Roadside - Not Evidential

No Data Available

Evidential

No Data Available

Roadside and Evidential

No Data Available

Minimum Legal Age for Cannabis Consumption

Limited medical marijuana use. Patients under 21 need to have a written order from a physician. See 40:1046 - Learn More

Underage Cannabis Laws and Penalties

Underage Possession

No Data Available
RS 40:966 - Learn More outlines cannabis penalties but nothing specific to underage possession or use

Underage Consumption

No Data Available
No Data Available

Underage Purchase

No Data Available
No Data Available

Underage Attempt to Purchase

No Data Available
No Data Available

Underage Exemptions to Illegality of Cannabis

Medical Marijuana

No physician shall recommend medical marijuana for treatment of any condition associated with autism spectrum disorder for a patient who is under the age of eighteen unless the physician complies with the provisions of this Section and consults with a pediatric subspecialist. See 40:1046.

Other

No Data Available

Underage Cannabis Provisions for Screening/Assessment/Education/Treatment/Medication Assisted Treatment

No Data Available

Social Host Laws

Cannabis

No

Drugs

No

Penalties for Retailers Who Knowingly Sell to People Under 21

There are no retail sales for cannabis in Louisiana. Penalties vary on amount sold, but not the age of the buyer. There are administrative penalties for retailers who sell alcohol to persons under 21.

Other

No Data Available