Skip to main content
Find a Lawyer

Louisiana Revised Statutes Tit. 14, § 39.2. First degree vehicular negligent injuring

Current as of January 01, 2023 | Updated by Findlaw Staff

A. “First degree vehicular negligent injuring” is the inflicting of serious bodily injury upon the person of a human being when caused proximately or caused directly by an offender engaged in the operation of, or in actual physical control of, any motor vehicle, aircraft, watercraft, or other means of conveyance whenever any of the following conditions exists:

(1) The offender is impaired by alcoholic beverages.

(2) The offender's blood alcohol concentration is 0.08 percent or more by weight based upon grams of alcohol per one hundred cubic centimeters of blood.

(3)(a) The offender is impaired by any other drug, combination of drugs, or combination of alcohol and drugs.

(b) As used in this Section, the term “drug” means any substance or combination of substances that, when taken into the human body, can impair the ability of the person to operate a vehicle safely.

(4), (5) Repealed by Acts 2024, No. 662, § 3.

B. The violation of a statute or ordinance shall be considered only as presumptive evidence of negligence as set forth in Subsection A.

C. Repealed by Acts 2019, No. 2, § 3.

D. (1) Whoever commits the crime of first degree vehicular negligent injuring shall be fined not more than five thousand dollars or imprisoned with or without hard labor for not more than ten years, or both.

(2) Whoever commits the crime of first degree vehicular negligent injuring and who had either a blood alcohol concentration, at the time of the commission of the offense, of at least 0.15 percent by weight based on grams of alcohol per one hundred cubic centimeters of blood, or has a prior conviction for operating a vehicle while intoxicated, shall be fined not more than five thousand dollars and imprisoned with or without hard labor for not less than two years nor more than ten years. At least two years of the sentence imposed shall be served without the benefit of probation, parole, or suspension of sentence. During any period of probation, the court shall order the offender to participate in a court-approved substance abuse treatment program and may require successful completion of a court-approved driver improvement program.

Previous Part of Code Next Part of Code
Back to Chapter List

Cite this article: FindLaw.com - Louisiana Revised Statutes Tit. 14, § 39.2. First degree vehicular negligent injuring - last updated January 01, 2023 | https://codes.findlaw.com/la/revised-statutes/la-rev-stat-tit-14-sect-39-2/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.

Was this helpful?

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.

Go to Learn About the Law

Latest Blog Posts

For Legal Professionals

Learn About The Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

Copied to clipboard