TABLE
1
OF CONTENTS
Page 2
SpecialThanks
Page 3
Legal Liability -What can happenif you servealcoholto minors?
Legal Drinking Age -Is your child old enough to drink?
Curfew -Curfew laws don't applyto my kid, right?
Page 4
DWI -Booze, cruise,lo~e.
Seizure of License -Zero tolerance
Page 5
Misrepresentation of Age by a Minor -Fake I.D.'s spellreal trouble
Unlawful Use of License
False Swearing, Unlawfully Obtaining Two Licenses
Page 6
Open Container -Just one for the road? Think Again!
Vehicular Homicide -Big Penalty. Mandatoryjail time.
Page 7
Driving Age -From training wheelsto big wheels.
Page 8
Proof of Insurance -No proof? Saybye-byeto your car.
Page 9
Auto Insurance for Young Drivers -The cost of insuring your teen.
Page 10
Seat Belt Laws -Buckle up -It's the law!
Page 11
The 5 Step Test-Boosters are for big kids!
Page 12
Fact Sheet -A Real Eye Opener.
Pleasebe a copycatand reproducethis informationas needed.
However,to ensureaccuracy,reproductionsmustbe madewithout anychanges.
LouisianaStateLaw 14:93.13
SYNOPSIS
Key Provisions of Louisiana State Law 14:93.13:
It is illegal for anyperson,otherthan a parent,spouseor legal guardian,to purchase
alcoholic beverageson behalf of a personunder21 yearsof age.
Whoeverviolatesthis law shallbe fined not more than $500 or imprisonedfor not
more than 30 days, or both.
LouisianaStateLaw 14:93.12
SYNOPSIS
Key Provisions of Louisiana State Law 14:93.12:
It is unlawful for any personunderthe age of 21 to purchase,
possessor consumeany alcoholic beverage.
.Violators shallbe fined not more than $100 or imprisonedfor
not more than six months,or both.
CURFEW
Most local municipalities in the greaterNew Orleansareahave local curfew
ordinancesapplicableto personsunder 16 yearsof agewho have not beenlegally
emancipated.
The fines and penaltiesvary by jurisdiction and can also include sanctionsagainstthe
parentor legal guardian.
Louisiana State Law reads:
Minor -Illegal for anyone under 17 to drive between11 p.m. and 5 a.m. unless
accompanied by a licensedparent, guardian or adult at least21 years of age.
Severallocal ordinancesare more restrictivethan the exiting statecurfew law. We
encourageyou to check with your local authoritiesfor verification of the curfew
ordinancein your areato ensurethat you and your child are in compliance.
3
A.
LouisianaStateLaw: R.S.Title 14Article 98.1
The crime of underageoperatingof a vehicle while
intoxicatedis the operatingof any motor vehicle, aircraft,
water -craft, vesselor othermeansof conveyancewhen
the operator'sblood alcohol concentrationis 0.02 percent
or more by weight(B.A.C.) if the operatoris underthe age
of twenty-one (21) basedon gramsof alcohol per one
hundredcubic centimetersof blood.
Upon the first conviction you shallbe fined not lessthan
one hundred ($100)dollars nor more than two hundred
and fifty ($250)dollars and participatein court-approved
substanceabuseand driver improvementprogramand
have your driver's licensesuspendedfor six (6) months.
Upon your secondor subsequentconviction you shallbe fined no lessthan one
hundredand fifty ($150)dollars to five hundred($500)dollars, 10 daysto 3 months
in jail, with no suspensionof sentenceunlessthe offenderservesthe minimum of 48
hours in jail and participatesin a court-approvedsubstanceabusedriver improvement
programand performs eighty (80) hours of communityservice. Licenseis suspended
for oneyear.
SEIZURE OF LICENSELouisiana State Law: R.S. Title 32 Article 667 B(l) and (2)
B (1) If you are underthe age of twenty-one(21) yearson the date of the test, and the
testresults showa B.A.C. of 0.02% or above,then your driving privileges shallbe
suspendedfor one hundredeighty (180) days from the date of suspension.
B (2) However, if your are underthe age of twenty-one(21) yearsat the time andrefuse
to submitto one of the tests,your driver's licenseand driving privileges will be
suspendedfor 6 (six) months for first time offenders. You will lose your driver's
licenseand driving privileges for refusingthe test, evenif you are found "not
guilty" in a criminal trial. You may not refusea test if therehas beena crash
involving a fatality or seriousinjuries.
Sincethere is zero tolerancefor alcohol consumptionfor personsunderthe age of
twenty one (21), a personfaceslosing their license from one hundredeighty (180)days
up to five hundredforty five (545) days. Once their licensehas beensuspended,they
are not allowed to operatea motor vehicle until their licensehas beenre-instated. If the
parentsallow their child to drive a vehicle while their licenseis suspended,they too can
receivea ticket.
4
B.
MISREPRESENTATION
OF AGE BYA MINOR
LouisianaStateLaw: R.S. 14:333
A. It is unlawful for any personunderthe age of twenty-one(21) yearsto presentor
offer to any personhavinga license or permit to sell alcoholicbeveragesor to his
agentor employee,any evidenceof ageand identity which is false,fraudulent,or
actuallyhis own, for the purposeof obtainingor purchasingalcoholic beveragesor
attemptingto enterthe licensedpremises.
Whoeverviolatesthe provisions of this Sectionshallbe punishableby
one or more of the following:
1. A fine of not more than two hundred($200)dollars.
2. Communityservicenot to exceedthirty (30) hours.
3. Suspensionof the violator's true driver's license for (90) days.
LouisianaStateLaw: R.S.32:414.1
It is unlawful for anyperson:
1. To display or have in his possessionany cancelled,revoked,suspended,or
fictitious operator'slicense,or an operator'slicensewhich has beenintentionally
altered;
2. To lend his operator'slicenseto any personor knowingly permit the use thereofby
another;
3. To display or representas one's own any operator'slicensenot issuedto him;
4. To fail or refuseto surrenderto the departmentuponits lawful demandany
operator'slicensewhich has beensuspended,revoked or cancelled; ,
5. To use a false or fictitious namein any applicationfor an operator'sor chauffeur's
license or to knowingly make a false statementor to knowingly conceala material
fact or otherwisecommit a fraud in any suchapplication,or to commit perjury by
making any false affidavit;
6. To permit any unlawful use of an operator'slicenseissuedto him.
FALSE SWEARING, UNLAWFULLY
OBTAINING
TWO LICENSES
LouisianaStateLaw: R.S.32:422
Every personmaking applicationfor a license shall give and furnish suchinformationas
may be required by the department.The giving or furnishing of false,erroneous,or
incorrect information shall be deemeda violation. It shallbe unlawful to apply for or
obtain more than one valid license. In additionto the otherpenaltiesimposed,if the
departmentdetermines,in its checkof an applicant'slicensestatusandrecord prior to
issuinga driver's license,or at anytime afterthe driver's licenseis issued,that the
applicanthasfalsified information, the departmentshall and within no more than thirty
(30) days of discoveringthe falsification, suspend,revoke, or cancelthe person's
driver's license for up to sixty (60) days or shall cancelhis pending applicationand may
prohibit his reapplicationfor up to sixty (60) days.
5
In mostlocal municipalities in the greaterNew Orleansarea,local ordinancesprohibit
the possessionof any opencontainerof alcoholic beveragewhenthe motor vehicle is
upona public streetor roadway,by the driver ~d anypassengers.
The fines range from one hundred($100)dollars to five hundred($500)dollars.
Opencontainerincludesa bottle, can,cup, or otherreceptaclewhich has beenopenedor
on which a seal or stamphas beenbroken, or from which the contentshave been
partially removed. This also includes any cup or containerwith strawsprotruding.
* Theseordinances apply to all ages
HOMICIDE
LouisianaStateLaw: RS.14:32.1
Vehicularhomicide is the killing of a humanbeingcausedby an offenderengagedin
the operationof any motor vehicle, aircraft, watercraft,or othermeansof conveyance,
if the offenderis underthe influence of alcoholic beveragesor any controlleddangerous
substances.
The penalty for a conviction of
vehicular homicide requiresthat
you shallbe fined not less than
$2,000 nor more than$15,000.
Additionally, you could be
sentencedto a term of up to 20
yearsin the statepenitentiary,and
at leastone year of your sentence
shall be imposedwithout benefit of
probation,parole or suspensionof
sentence.
** If more than one personis killed, the driver would be chargedwith one count of
vehicular homicide for each personthat dies.
VEHICULAR
6
D RIVIN G AGE
Louisiana State Law: RS.32.407& 416.1 Effective 1/1/98
All applicants under the age of 17 will be licensed utilizing a graduated licensing
system.
Stage 1 -Learner's
Permit
A. Must be at least 15 years of age.
B. Furnish certificate of completion of an approved 30-hour classroom instruction and 6 hours of behind the wheel instruction.
C. Pass knowledge test, road signs, and vision screening.
D. Authorized to drive with a licensed parent, guardian, or adult at
least 21 years of age.
E. Must maintain the learner's permit a minimum of 90 days and
cannot upgrade to Stage 2 until attainment of 16th birthday.
Stage 2 -Intermediate
License
A. Must be at least 16 years of age.
B. Must pass the on-road driving test.
C. Cannot drive between the hours of 11 p.m. and 5 a.m. UNLESS
accompanied by a licensed parent, guardian, or adult at least 21
years of age.
Stage 3 -Permanent License
A. Must be at least 17 years of age.
B. Must not have any (at fault) accidents during the intermediate stage.
C. Must not have any convictions for moving, seatbelt, or curfew
violations during the intermediate state.
R.S. 32:52 Driver Must be Licensed
No person shall drive or operate any vehicle upon any highway within this state unless
and until he has been issued a license to do so as required by the laws of this state nor
shall any person permit or allow any other person to drive or operate any vehicle
owned or controlled by him upon highways of this state unless and until such
person has been issued a license to so do as required by the laws of this state.
*Footnote: A Learner's Permit is not a license. If a minor has a Learner's Permit
and no licensed driver is in the vehicle, he will be ticketed, as well as
the parentllegal guardian for allowing an unlicensed minor to operate
a vehicle.
7
LouisianaStateLaw: 32.863.1
Auto insuranceis requiredby law to drive on anypublic roadwayin the state. To enforcethe
requirement,the Legislaturealsopasseda law requiringdriversto carry proof of insurancewithin
the vehicle. If an officer stopsyour child and he or shedoesnot have or cannotshowproof of
insurance,the police officer can impoundthe car.
Key Provisions of Louisiana State Law 32:863.1
No owner of a vehicle registeredin this stateshalloperateor allow the
operationof suchvehicle upon anypublic road, streetor highway in this
stateunlessthere is containedwithin the vehicle one of the following
documentsevidencingthat the motor vehicle is in compliancewith
RevisedStatute32:861 relative to compulsorymotor vehicle liability
security:
la)
Ib)
lc)
A certificate of insurance
An identificationcard issuedby an insurerto its insured.
A motor vehicle liability insurancepolicy or a duplicateoriginal.
A motor vehicle liability insurancepolicy binder or a duplicateoriginal.
What if my child isn't covered by insurance?
In additionto possiblyhaving his or her car impounded,your child could face seriousfinancial
liability if there is a wreck, regardlessof who is at fault. According to Louisianalaw, the other
driver is not requiredto pay you the first $10,000of damages(both propertyand bodily injury)
in a wreck if your teendoesnot haveinsurance.
8
Auto insuranceis required by law in Louisiana,but how much you pay in insurancepremiums
for your teenagedriver dependslargely on your child's driving record,schoolgradesand
whetherhe or shehas takendriver's educationcourses.
When insurance companiescalculate premiums for young drivers, they take
into account several factors including:
.Teen's driving record
.The make, modeland year of his or her car
.Age
.Gender
.Where he/sheresides
.Whether teenis the primary or secondarydriver of the car
.How far the teendrives to and from schoolor work
Why do insurance companiescharge higher auto insurance premiums for young
drivers?
Consider thesesobering statistics:
.Only 5 percentof all licenseddrivers are underthe age of 19, but nearly
12 percentof all crashfatalities are teenagers.
.Thirty-six percentof all 16 to 19 year old deathsin 1996occurredin
auto crashes.
.Sixteen year olds have40 crashesper 100licenseddrivers eachyear,compared
with a rate of nine crashesper 100 licenseddrivers who are45 to 54 yearsold.
.Sixteen year olds are more likely than any other groupto be speeding.
.Sixteen year olds frequentlyfail to wear safetybelts, addingto the risk of fatal
injuries.
*
Sample semi-annual
premiums
based on a 2001 Honda Civic DX 2-door.
Principal operator is a single youth.
More than one vehicle in the household. All other drivers have been accident and violation free for at lease five years.
Note: While the premium above are from a standard company writing automobile risks in Louisiana today, this company and
other standard insurance companies would not write a policy for a young driver with a DWI conviction and ticket.
The policy would be cancelled and the risk would have to be written in the Assigned Rick Plan through the state or in
another non-standard company at even higher premiums than indicated above. Many insurance companies do not require
you to carry a separate policy on beginner driver's 15 years of age, but it is highly recommended to consult your insurance carrier for clarification. Premiums shown provided by State Farm Mutual Automobile InsuranceCompany.
9
Louisiana
SEAT BELT LAWS
~
"C
StateLaw: 32.295.1
Becauseof their lack of experienceand risky driving behaviors,young drivers
commit more errorsand hazardousactionsbehindthe wheelthan all other
drivers do combined. The resultis an over-representation
of teenagersin
crashes. Unfortunately,in far too manycasestheseyoung drivers are not
buckled up.
In 1996,57 percentof drivers 15 to 17yearsof agekilled in Louisiana
traffic crasheswere not wearing safetybelts. An astounding80 percentof
teenpassengersage 15 to 17 in Louisianatraffic crasheswere not wearing
safetybelts. One of the most bitter lessonsyou as a parentlearnsis that your
childrendo not alwaysbehavethe sameway with their friends as they do with you. Do not
assumethat becausethey wear their seatbelts when with you that they are wearing them when
with their friends. Parentsshould exhibit zero tolerancefor noncomplianceand tie driving
privileges to seatbelt usage.
In additionto safetyconcerns,thereare legal concerns. Louisianalaw mandatesseatbelt usage
and makesnoncompliancea primary offense. That meanspolice officers are allowed to pullover
motoristwho are not wearing seatbelts and issuecitations.
Key Provisions of Louisiana State Law 32:295.1
.Each
driver and front seat occupant of a passengercar, van pickup truck
or Sport Utility Vehicle (SUV) shall wear a properly fastened safety belt
at all times when the vehicle is in forward motion. (This provision of
the law does not apply to motor vehicles manufactured prior to
January1, 1981.)
Anyone in violation of the law shallbe subjectto the following penalties:
.$25 fine for first offense
.$50 fine for secondoffense
.$50 fine plus court costsof third offenseand any subsequent
offense
Child Passenger
RestraintSystemof LouisianaStateLaw 32:295
.Every
residentof this statewho transportsa child or children underthe
age of thirteen (13) years in a motor vehicle which is equippedwith
safetybelts at the time of manufactureor assembly,or is currently
equippedwith safetybelts, shallhavethe child properly securedin an
age/sizeappropriatepassengerrestraintsystemwhich meetsthe
applicablefederal motor vehicle safetystandardsin effect.
Any personwho violatesthis Sectionshall upon convictionbe subject
to the following penalties:
.$ 50 fine for first offense
.$100 fine for secondoffense
.$100 fine plus all court costsfor the third or any subsequent
offense
In additionto the fine, the licenseof a defendantin violation of the Sectionshallbe
confiscatedand driving privileges suspendeduntil suchtime as satisfactoryproof is
presentedto the court that the defendanthasacquiredan approvedage/sizeappropriate
passengerrestraint systemwhereapplicable.
10
2.
3.
4.
11
Did you know most children betweenages4 and 8 need boosters?
If your child i£J!Q..triding in a booster, try this 5-StepTest:
1. Doesthe child sit all the way back againstthe auto seat?
Do the child's kneesbend comfortablyat the edgeof the auto seat?
Is the lap belt on the tops of the thighs?
Is the shoulderbelt centeredon the shoulderand chest?
5. Can the child stayseatedlike this for the whole trip?
If you answered"no" to any of thesequestions,your child needsa booster
seatto ride safely in the car. Riding in a boosteris more comfortable,too!
12
87% of high schoolseniorshaveusedalcohol; 63% havesmokedcigarettes;32%
haveusedmarijuana;6% haveusedcocaine.
Approximately2/3 of teenagerswho drink report that they can buy their own
alcoholic beverages.
Use of alcoholand otherdrugsis associatedwith the leadingcausesof deathand
injury (e.g.,motor-vehiclecrashes,homicides,and suicides)amongteenagersand
young adults.
Alcohol and otherdrug use at an early ageis an indicator of future drug or alcohol
problems.
First use of alcohol typically beginsaroundthe age of 13.
Junior/middle schooland seniorhigh schoolstudentsdrink 35% of all wine coolers
sold in the United States;they also consume1.1 billion cans of beerannually.
Approximately7% of the nation's eighthgraders;18% of tenthgraders;and 30% of
twelfth gradersreport they have beendrunk during the last month.
Among teenagerswho "binge" drink (consumingfive or more drinks in a row on a
single occasion),39% saythey drink alone;58% drink when they areupset: 30%
drink when they are bored; and 37% drink to feel high.
Thoughmale high school seniors"binge" drink in greaternumbersthan females,the
differencehas beendiminishing graduallyduring the last decade.
Drivers underthe age of 25 were more likely than those25 or older to be intoxicated
in a fatal crash.
Among sexuallyactive teens,thosewho averagefive or more drinks daily were
nearlythree time less likely to usecondoms,thus placing them at greaterrisk for
my infection.
Almost 80% of teenagersdon't know that a l2-oz. can of beerhasthe sameamount
of alcoholas a shot of whiskey; 55% don't know that a 5-oz. glassof wine and a can
of beerhavethe sameamount.
56% of studentsin grades5 to 12 saythat alcohol advertisingencouragesthemto
drink.
35% of children in the fourth gradereport having beenpressuredby their classmates
to drink; by the time they reachsixth grade,49% have beenpressured.
Surveyresultspublishedby the National Institute on Drug Abuse (NIDA)