§ 74-121. Operating a vehicle while intoxicated.

Latest version.

(a)

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

(1)

The operator is under the influence of alcoholic beverages;

(2)

The operator's blood alcohol concentration is 0.10 percent or more by weight, or is 0.04 percent or more by weight if the operator is under the age of 18 years, based on grams of alcohol per 100 cubic centimeters of blood; or

(3)

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.

(b)

A valid driver's license shall not be an element of the offense, and the lack thereof shall not be a defense to a prosecution for operating a vehicle while intoxicated.

(c)

It shall be unlawful for any person to operate a vehicle while intoxicated.

(Code 1958, §§ 6-23, 16-3)

State law reference

Operating a vehicle while intoxicated, R.S. 14:98.

Cross reference

Alcoholic beverages generally, ch. 10.

                    
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