Noah Vinter
Alcohol laws in Louisiana regulate the purchase and possession of alcohol, the legal drinking age, and the penalties for drinking and driving, as well as for minors who purchase or drink alcohol. While the legal drinking age in Louisiana is 21, there is an exception that allows parents or legal guardians to permit minors to drink in private residences. Minors caught drinking in public face penalties, including fines and community service, while minors caught driving under the influence (DUI) face more severe consequences, such as higher fines, longer license suspension, and potential jail time.
| Characteristics | Values |
|---|---|
| Legal drinking age | 21 |
| Minors drinking under parental supervision | Allowed in private residences |
| Minors drinking outside parental supervision | Not allowed to purchase, possess or consume alcohol |
| Penalties for underage drinking | Fines, community service, mandatory alcohol education classes, suspension of driver's license |
| DUI laws | Illegal to operate a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher |
| Open container laws | Prohibited in public places and vehicles |
| Penalties for selling alcohol to minors | Criminal charges for establishments |
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What You'll Learn
Drinking and driving laws
In Louisiana, it is illegal for anyone under the age of 21 to possess alcohol in a public place. This is in line with the federal legal drinking age in the United States, which is also set at 21.
Louisiana has strict laws regarding driving under the influence of alcohol or drugs (DUI). The state's laws define DUI as having a blood alcohol concentration (BAC) of 0.08% or higher. This limit is halved to 0.04% for commercial drivers. If a driver is found to be over the limit, they can be charged with a DUI or DWI (driving while intoxicated), which carries significant penalties. Refusal to take a breath, blood, or urine test for alcohol content can also result in immediate penalties, including suspension of a driving license for up to a year.
Louisiana's implied consent law applies to preliminary breath tests and chemical tests. While individuals may refuse to submit to these tests, doing so can result in the immediate confiscation of their driver's license and possible criminal charges. A first refusal will result in a one-year license suspension, while a second refusal within 10 years will lead to a two-year suspension. These penalties remain in effect even if the DWI is dismissed or the individual is found not guilty.
For a first-offense DWI with a BAC between 0.08% and 0.19%, there is a mandatory one-year suspension of driving privileges. If the BAC is 0.20% or higher, the license suspension is doubled to two years, and fines increase to $750-$1,000. In addition, Louisiana requires a jail sentence of at least 48 hours for these higher BAC levels.
Louisiana's DUI laws also have consequences for minors. A person between the ages of 13 and 18 who commits a crime or offense involving alcohol will have their driving privileges suspended until they turn 18 or for a period of 90 days to one year, whichever is longer.
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Minors purchasing alcohol
In Louisiana, the legal drinking age is 21 years old. It is illegal for minors to purchase or drink alcohol, with some exceptions. Minors can drink alcohol on private property that doesn't sell alcoholic beverages, in the presence of a parent or legal guardian, for religious or medicinal purposes, or with parental permission in a private residence. When caught consuming alcohol, minors face penalties including fines, community service, mandatory alcohol education classes, and driver's license suspension. Louisiana enforces a zero-tolerance policy for underage drinking and driving, with enhanced penalties for minors caught driving under the influence (DUI), including higher fines, longer license suspension, and potential jail time.
The state's alcohol delivery laws mandate that alcoholic beverages intended for personal consumption must be delivered in manufacturer-sealed containers, accompanied by food orders. While businesses are generally not liable for drunk patrons driving off their premises, they may be held responsible in a third-party drunk driving lawsuit if alcohol is sold to minors who cause injury. Additionally, social hosts are typically exempt from liability for alcohol-related incidents unless they knowingly provide alcohol to minors, and the incident occurs on their property.
Minors between 13 and 18 years old who commit alcohol-related crimes in Louisiana face a loss of driving privileges for at least 90 days or until they turn 18, whichever is longer. However, there is no state-imposed liability for hosting underage drinking parties. While most parishes in Louisiana permit the 24/7 sale of alcohol, certain parishes restrict the hours during which alcoholic beverages can be sold, especially on Sundays.
It is important to note that Louisiana's alcohol laws aim to promote responsible consumption and enforce strict penalties for underage drinking and driving. While minors may have limited exceptions to consume alcohol under specific circumstances, the general rule prohibits purchasing or possessing alcohol for those under 21 years old. The state's laws also hold businesses and individuals accountable for selling or providing alcohol to minors, particularly when it leads to injuries or incidents.
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Minors consuming alcohol
In Louisiana, the minimum age to possess alcohol is 21. Underage consumption laws apply to minors under the age of 21. If a minor is found to be in possession of alcohol or consuming it, they may face penalties including a driver's license suspension or revocation. The length of this suspension can be from a minimum of 90 days to a maximum of 365 days.
Louisiana has specific penalties for minors between the ages of 13 and 18 who are found to have committed a crime or offence involving alcohol. In these cases, the minor will lose their driving privileges for a period of 90 days to one year, or until they reach the age of 18, whichever period is longer. This means that if a 17-year-old is found to have broken an alcohol-related law, they will lose their driving privileges until they turn 18, which is longer than the standard one-year suspension.
The state of Louisiana does not impose liability on those who host underage drinking parties. This means that, unlike some other states, there are no specific laws in place to penalise those who provide alcohol to minors or allow minors to drink under their supervision. However, on a federal level, there are still penalties for purchasing alcohol for minors or providing it to them. These penalties can include fines, community service, or even jail time, depending on the specifics of the case and the state in which it occurs.
It is important to note that the legal consequences are not the only risk associated with minor alcohol consumption. Alcohol can have significant negative effects on the developing brains of adolescents, increasing the risk of cognitive and mental health issues in the long term. It can also impair judgement and decision-making, leading to risky behaviours and accidental injuries. As such, it is recommended that minors abstain from alcohol consumption until they are of legal age and that parents and guardians educate their children about the risks associated with alcohol use.
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Open container laws
In Louisiana, a person between the ages of 13 and 18 years old who is found delinquent of a crime or offense involving alcohol shall lose their driving privileges for not less than 90 days but not more than a year or until they turn 18, whichever is longer. Now, let's delve into the open container laws in Louisiana in detail:
In Louisiana, it is generally illegal to possess an open container of alcohol in a vehicle. An open container is defined as a bottle, can, or any other vessel with alcohol inside that has been opened or partially emptied. This includes frozen alcoholic beverages like daiquiris. However, there are several exceptions and nuances to this rule:
- Frozen alcoholic drinks are considered "open" if the lid is off, liquid is missing, or a straw is inserted.
- Certain vehicle types, such as RVs, buses, limousines, and parade floats, are exempt from open container laws.
- Alcohol stored in a locked glove compartment, trunk, or area that is not readily accessible to drivers or passengers is permitted.
- Passengers on public transportation, such as city buses and taxis, can carry open containers.
- Passengers in courtesy vehicles and privately-owned limousines driven by a driver with a Class D commercial driver's license can possess open containers.
- Individuals whose jobs require them to carry unsealed containers of alcohol are exempt, but their passengers are not allowed to drink.
Penalties for Violations:
Violating Louisiana's open container law carries relatively light penalties compared to DUI offenses. A conviction may result in a misdemeanor and a maximum fine of $100. However, consuming alcohol and driving while intoxicated can lead to more severe consequences, including substantial fines, substance abuse training, community service, and up to six months in jail.
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Penalties for breaking laws
In Louisiana, the minimum age to possess, buy, or drink alcohol is 21 years old. If a person below this age is caught in possession of alcohol, drinking alcohol, or carrying open alcohol, they can be fined up to $100. Since 2016, this is the only penalty for underage drinkers—they no longer face the threat of jail time or a suspended driver's license. The citation will also not appear on their criminal history record.
If a person under 18 is adjudicated delinquent of a crime or offense involving alcohol, they will lose their driving privileges for at least 90 days or until they turn 18, whichever is longer.
Mardi Gras is a time when many people flock to the French Quarter, and it is important to be aware of the drinking laws to avoid fines.
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Frequently asked questions
In Louisiana, the legal drinking age is 21. Minors under the age of 21 are generally not allowed to purchase, possess or consume alcohol.
Yes, there is an exception where a parent or legal guardian may allow a minor to drink alcohol in a private residence.
When minors are caught consuming alcohol, they can face penalties including fines, community service, mandatory alcohol education classes, and a possible suspension of their driver's license.
Minors caught DUI face more severe consequences including higher fines, longer license suspension, and potential jail time. In addition, a person between the ages of 13 and 18 years old who is adjudicated delinquent of a crime or offense involving alcohol shall lose their driving privileges for at least 90 days but not more than a year or until they turn 18, whichever is longer.
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