3.3 Operating While Intoxicated (La. R.S. 14:98) & SFST

Operating While Intoxicated (La. R.S. 14:98) & SFST

Impaired driving remains a leading cause of traffic fatalities. In Louisiana, the crime is legally termed Operating a Vehicle While Intoxicated (OWI), though it is commonly referred to as DWI. Vigorous enforcement of La. R.S. 14:98 requires officers to be highly trained in detecting impairment and administering field tests.

Louisiana DWI Statute (La. R.S. 14:98)

Under Louisiana law, the crime of Operating a Vehicle While Intoxicated is defined as the operating of any motor vehicle, aircraft, watercraft, vessel, or other means of conveyance when any of the following conditions exist:

1. The operator is under the influence of alcoholic beverages.
2. The operator's blood alcohol concentration (BAC) is 0.08 percent or more by weight based on grams of alcohol per one hundred cubic centimeters of blood.
3. The operator is under the influence of any controlled dangerous substance (CDS) listed in Schedule I, II, III, IV, or V.
4. The operator is under the influence of a combination of alcohol and one or more drugs that are not controlled dangerous substances but are legally obtainable (e.g., prescription medications causing impairment).

BAC Limits by Age

Louisiana enforces strict BAC limits based on the age of the operator:

• Adults (21 and older): 0.08% or greater.
• Underage (Under 21): 0.02% or greater. This zero-tolerance approach recognizes that individuals under 21 cannot legally consume alcohol.

It is crucial to note that an operator can still be arrested and convicted of DWI even if their BAC is below 0.08%, provided the officer can articulate sufficient observational evidence demonstrating the operator was "under the influence" to the extent that their normal faculties were impaired.

Standardized Field Sobriety Testing (SFST)

The National Highway Traffic Safety Administration (NHTSA) has validated three specific tests to assist officers in determining if a subject is impaired by alcohol. These are collectively known as the Standardized Field Sobriety Tests (SFSTs).

1. Horizontal Gaze Nystagmus (HGN)

Nystagmus is the involuntary jerking of the eyes. As a person's BAC increases, this jerking becomes more pronounced and occurs at earlier angles. Alcohol (and certain drugs, like CNS depressants) affects the brain stem, preventing smooth eye pursuit.

• Procedure: The officer uses a stimulus (like a pen) and asks the suspect to follow it with their eyes only. The officer looks for three clues in each eye: lack of smooth pursuit, distinct and sustained nystagmus at maximum deviation, and onset of nystagmus prior to 45 degrees.
• Validation: When properly administered, HGN is the most accurate of the three tests.

2. Walk and Turn (WAT)

The Walk and Turn is a divided attention test. It evaluates a suspect's ability to balance and process instructions simultaneously—tasks easily performed by sober individuals but difficult for impaired persons.

• Procedure: The suspect must stand heel-to-toe on a real or imaginary line while listening to instructions. They must then take nine heel-to-toe steps down the line, execute a specific type of turn, and take nine heel-to-toe steps back, counting aloud.
• Clues: The officer observes for clues such as inability to balance during instructions, starting too soon, stopping while walking, missing heel-to-toe, stepping off the line, using arms for balance, improper turn, or taking the incorrect number of steps.

3. One-Leg Stand (OLS)

The One-Leg Stand is also a divided attention test focusing on balance.

• Procedure: The suspect is instructed to stand with one foot elevated approximately six inches off the ground, keeping the foot parallel to the ground, and count aloud by thousands (e.g., "one thousand and one, one thousand and two") until told to stop (timed for 30 seconds).
• Clues: The officer looks for swaying, using arms for balance, hopping, or putting the foot down.

SFST Summary

Implied Consent Law (La. R.S. 32:661)

Louisiana's Implied Consent law is fundamental to DWI enforcement. The statute dictates that any person who operates a motor vehicle upon the public highways of this state shall be deemed to have given consent to a chemical test or tests of their blood, breath, urine, or other bodily substance for the purpose of determining the alcoholic content of their blood and the presence of any abused substance or controlled dangerous substance.

Implementation and Refusal

• Trigger: Implied consent is triggered when a law enforcement officer has reasonable grounds to believe the person has been driving under the influence and legally arrests them for DWI.
• Rights Form: After arrest, the officer must read a standardized form advising the suspect of their rights regarding the chemical test, including the consequences of refusal or of submitting and testing over the legal limit.
• Penalties for Refusal: If a suspect refuses to submit to the chemical test, they face administrative penalties. Their driving privileges will be automatically suspended for a significant period (e.g., 365 days for a first refusal). Furthermore, the refusal itself can be introduced as evidence of guilt in criminal court.
• Forced Blood Draws: In specific situations, such as crashes resulting in fatalities or serious bodily injuries, officers may obtain a search warrant to force a blood draw even if the suspect refuses.