The alcoholism rate in the state of Louisiana continues to escalate, creating the need for access to a greater number of quality alcohol rehab options. Choosing a Louisiana alcohol rehab can often be a difficult and somewhat confusing process because of the various types of alcohol rehabilitation alternatives that are offered in the state, such as inpatient, outpatient, short term or long term.

Many individuals from Louisiana that are struggling with alcoholism will choose an outpatient alcohol rehab option in order to be able stay close to home for the alcohol treatment process, but that may not always be the best possible decision. Not many people from Louisiana can maintain their sobriety when after short intervals of outpatient alcohol treatment, they are returning to the familiar setting where they drank alcohol daily. Residential inpatient alcohol rehab, on the other hand, will allow the individual from Louisiana to reside at the treatment facility; the added benefit from this type of alcohol rehabilitation is that the individual will ultimately be given the opportunity to focus solely on the treatment that is being administered for their alcohol addiction.

The first step in a quality alcohol rehab program in Louisiana is the detoxification process; the alcohol detox allows the individual to safely quit drinking under medical supervision. It is of major importance that an individual from Louisiana that has completed the detox process moves directly into a comprehensive alcohol rehabilitation facility that includes counseling, relapse prevention education and some type of follow up care. The main goal of any quality alcohol rehab should be to help the individual from Louisiana to get to a place where they will able to successfully achieve a state of lasting abstinence.

Louisiana alcohol related information and statistics are provided by the US Dept. of Transportation, National Highway Traffic Safety Administration and the National Conference of State Legislatures, 2004. In Louisiana, the year with the most alcohol related fatalities was 1982, and the state has shown a steady drop until 1994, when the progress leveled out. The percentage of alcohol related deaths has shown a nearly steady drop since 1982. In 2008, out of all traffic fatalities, 37% involved a blood alcohol concentration (BAC) of 0.08 or higher, the same as the previous two years.

The table below shows the total number of traffic fatalities (Tot) for the Louisiana, alcohol related fatalities (Alc-Rel) and fatalities in crashes where the highest BAC in the crash was 0.08 or above (0.08+). All 50 states in the US now apply two statutory offenses to operating a motor vehicle while under the influence of alcohol. The first (and original) offense is known either as driving under the influence (DUI), driving while intoxicated/impaired (DWI), or operating while intoxicated/impaired (OWI). This is based upon a Louisiana police officer's observations (driving behavior, slurred speech, the results of a roadside sobriety test, etc.) The second offense is called "illegal per se", which is driving with a BAC of 0.08% or higher. Since 2002 it has been illegal in all 50 states to drive with a BAC that is 0.08% or higher.

It is important to note that the Louisiana drunk driving statistics, as shown below, include data from individuals in Louisiana who were in an alcohol-related crash, but not driving a motor vehicle at the time. The U.S. Department of Transportation defines alcohol-related deaths as "fatalities that occur in crashes where at least one driver or non-occupant (pedestrian or pedalcyclist) involved in the crash has a positive Blood Alcohol Concentration (BAC) value." The fatality rates shown above refer to the number of people killed in all traffic accidents and, separately, in alcohol related traffic accidents, per 100 million vehicle miles traveled.

Sources: Centers for Disease Control and Prevention (CDC) 2003-2004, Office of Applied Studies 2003-2004 and the MADD Official Website statistics 2004

When is a driver considered to be legally drunk in Louisiana?

• Non-commercial drivers age 21+ in Louisiana are considered legally drunk when their blood alcohol level is .08 or more.
• Drivers of commercial vehicles in Louisiana are legally drunk when their blood alcohol concentration is .04 percent or greater. Under Louisiana law, school bus drivers are commercial drivers.
• Drivers under 21 in Louisiana are considered legally drunk when their blood alcohol level is .02 or greater.

Penalties in Louisiana for Drunk Driving in Louisiana

• First-time offenders in Louisiana face a term of imprisonment ranging from 10 days to six months and are subject to pay a fine of $300 to $1,000. The driver's license suspension period is 90 days. If, however, the offender in Louisiana had a BAC of .20 or more, the fine increases to $700 to $1,000, and the driver's license suspension period is increased to two years.
• A person in Louisiana who commits a second offense within 10 years of the first conviction faces a prison term of 30 days to six months and is subject to pay a fine of $700 to $1,000. The driver's license suspension period is 12 months. Additionally, any vehicle operated by the offender must be equipped with an ignition interlock device for not less than six months. The device must remain installed and operative during any suspension period and for any additional period as determined by a judge. If a second-time offender had a BAC of .20 or more, the fine increases to $1,000, and the driver's license suspension period is increased to four years. For a conviction of a second offense when the first offense resulted in the death or injury of another, the offender in Louisiana will be imprisoned, with or without hard labor, for one to five years. Under those circumstances, the fine increases to $2,000.
• A person in Louisiana who commits a third offense within a 10-year period faces a term of imprisonment, which may or may not include hard labor, for one to five years. The fine is $2,000, and the driver's license suspension period is 24 months. The vehicle that was owned and driven by the offender at the time of the offense will be seized, impounded, and sold at auction. The driver's license suspension period is 24 months.
• A person in Louisiana who commits a fourth or subsequent offense within a 10-year period faces a term of imprisonment, with or without hard labor, for 10 to 30 years. The fine is $5,000, and the driver's license suspension period is 24 months. The vehicle that was owned and driven by the offender at the time of the offense will be seized, impounded, and sold at auction.

Ignition Interlock

DUI offenders in Louisiana may apply for a restricted driver's license following the expiration of a certain portion of the driver's license revocation period, which time period is determined by the circumstances of the conviction. If the request is granted, the Louisiana offender will be required to use an ignition interlock system for a time period that will also be determined by the circumstances surrounding the conviction.

Louisiana's Child Endangerment Law

First, second, and third-time offenders who commit DUI in Louisiana while a passenger age 12 or under is in the vehicle must serve the mandatory minimum prison sentence without the possibility of the sentence being suspended. Fourth-time offenders who commit a DUI in Louisiana while a passenger under 12 is in the vehicle must serve at least two years in prison, without the benefit of a suspended sentence.

Commercial Drivers

In addition to other penalties associated with Louisiana's DUI laws, a commercial driver who is convicted of DUI for the first time while operating a commercial vehicle will be disqualified from driving a commercial vehicle for at least one year. If, however, the offender was driving a commercial vehicle and transporting hazardous materials at the time, the disqualification period is at least three years. If a commercial driver in Louisiana commits a second DUI while driving a commercial vehicle, the offender will be disqualified from driving a commercial vehicle for life, which may or may not be reduced to 10 years. Depending on the class of commercial license the offender holds, he or she may be disqualified from driving a commercial vehicle even if the DUI occurred while driving a non-commercial vehicle.

Drivers Under 21

If a person under 21 in Louisiana drives with a BAC of .08 or greater, the offender may be charged and penalized as an adult. Additionally, a first-time underage offender in Louisiana who drives with a BAC of .08 or greater will receive a 180-day driver's license suspension. If the underage driver drove with a BAC of .02, but less than .08, the offender will be charged and penalized under Louisiana's underage driving under the influence law. Under this statute, first-time offenders are subject to pay a fine of $100 to $250. They must also participate in a court-approved Louisiana substance abuse and driver improvement program. For a second or subsequent offense, an underage driver in Louisiana faces 10 days to three months in prison. The offender will also be fined between $150 and $500.

What is Louisiana's Anti-Dram Shop Liability Law?

Under this law, Louisiana drinking establishments and social hosts who serve alcohol to persons over 21 are not liable for injuries caused by intoxication.

Criminal Penalties in Louisiana for Prohibited Sales of Alcohol

Under Louisiana law, it is a crime for a Louisiana drinking establishment to sell or serve alcohol to any person under 21 or to any intoxicated person. A violation of this law subjects the offender to a prison term of 30 days to six months, as well as a fine of $100 to $500. Additionally, the bar's license could be suspended or revoked.