This page will help you understand Louisiana alcohol laws and avoid expensive fines or even jail. And time and embarrassment.
Louisiana alcohol laws could easily effect you. In fact, New Orleans may give a false impression of what is legal and what is not in the state. Laws vary across the country. And from place to place within a state. So making a mistake could be bad.
OVERVIEW
I. Minimum Age Laws
II. Other Alcohol Laws
III. Resources
IV. Seek Good Advice
I. Minimum Age Laws
Young people in Louisiana often seek part-time jobs. Often in hospitality. They’re unsure of the minimum age for employment. The age for serving alcohol in a restaurant? To be a bartender? To be a clerk in a store selling alcohol to drink off-site? Young people need answers. So we have facts for them and others.
Louisiana alcohol laws let adults sell or serve alcohol in venues for drinking on-site. Or to be bartenders. Of course, adults are those age 18 or older. There are no state age laws for working in stores that sell alcohol to drink off-site. But a supervisor age 21 or older must be present.
Those of any age under 21 may drink alcohol in private residences. A parent, guardian or spouse must be present. As a result, many parents do this as part of their culture. Others do it to demystify alcohol and promote moderation. They think it’s better to learn to drink in the parents’ house than in a frat house.
It is illegal to buy alcohol under 21. Doing so with a false ID is a crime. It may lead to driver’s license suspension.
It is also illegal for those under 21 to drive with a BAC over 0.02.
II. Other Louisiana Alcohol Laws
A. Selling Alcohol
Retailers with a license to sell for drinking elsewhere may do so 24/7. These retailers, including grocery stores, may sell beer, wine, and distilled spirits (liquor).
Local option by parishes (counties) and towns provides wide latitude in alcohol ordinances.
In general, southern Louisiana has more liberal alcohol ordinances. For instance, most parishes that restrict alcohol sales on Sundays are in the northern part of the state. See state map.
It’s illegal to sell alcohol to anyone under 21. The penalty for doing so, even by accident, is high. The fine is between $500 and $1,000 and/or jail for 30 days to six months.
B. Buying Alcohol
It’s illegal for anyone under 21 to buy any alcoholic beverage. It’s also illegal for such people to publicly possess alcohol.
But public possession or drinking alcohol is legal in any of these situations.
- With a parent, guardian, or spouse 21 or older.
- For religious purposes.
- In any private residence.
- While employed by a licensed business.
The purchase or drinking by those under 21 carries penalties. The fine is up to $100 and/or jail for up to six months. And the court may suspend the driving license for 180 days.
The state may issue a restricted license if the offense is a first one. And if the judge thinks a hardship would result. The judge also decides what restrictions to place on the restricted license.
It’s illegal to buy alcohol for anyone under age 21. But a spouse, parent, or guardian may do so. The fine for illegal purchase is a fine up to $500 and jail for up to 30 days. Also, the court may suspend the driving license for 180 days.
Adults 18 or older may enter most bars. Of course, they may not legally buy alcohol.
You might find these of interest.
C. Driving and Alcohol
Under Louisiana alcohol laws it’s illegal to drive while intoxicated (DWI). That is, with a blood alcohol concentration (BAC) of 0.08% or higher. For commercial drivers it’s 0.04. And for those under age 21, it’s 0.02%.
Alcohol along with and prescription or over the counter drugs can lead to DWI. That’s if the drug label warns against combining it with alcohol. Also, controlled substances alone can result in a conviction for DWI.
Drivers 21 or Older
These are the penalties for DWI by drivers 21 or older under Louisiana alcohol laws. The exact penalties depend on the circumstances and the judge.
First DWI
Up to six months jail.- Fine of up to $1,000 plus court costs.
- Driver’s license suspension for up to one year.
- Proof of increased insurance for three years.
- Driving license reinstatement fee of $100.
Second DWI
- 48 hours in jail.
- Up to six months of additional jail.
- Fine of up to $1,000 plus court costs.
- Driver’s license suspension for up to two years.
- Proof of increased insurance for three years.
- Driving license reinstatement fee of $200.
Third DWI
At least one year in jail.- Up to five years in prison.
- Possible home confinement.
- Fine of up to $2,000 plus court costs.
- Driver’s license suspension for up to three years.
- Possible vehicle confiscation.
- Proof of increased insurance for three years.
- Driving license reinstatement fee of $300.
- Required four weeks in an inpatient substance abuse program. This followed by a mandatory four weeks in an outpatient substance abuse program. Of course, the offender must pay for this.
Drivers under 21
Under Louisiana alcohol laws, the penalties for DWI by drivers under 21 are different.
First Conviction
- A fine of between $100 and $250.
- Substance abuse evaluation.
- Enrollment in driver improvement educational course.
Second Conviction
A fine of between $150 and $500.- Possible substance abuse evaluation.
- Jail for 10 days to three months.
- Possible enrollment in driver improvement course.
The judge may decide to suspend jail under one of two conditions. One is if the offender spends 48 hours in jail. If the offender goes on probation. The offender must also have substance abuse evaluation and participate in a driver improvement program. Of course, the offender must pay it.
The other is if the offender is placed on probation and serves 10 eight-hour days of community service. At least half of the service must be litter collection.
When courts order offenders to enter substance abuse program, offenders must pay for its cost. Otherwise, the the judge revokes their probation.
Other DWI Conviction Facts
- DWI offenders must pay all costs associated with their penalties.
- Additional DWI convictions result in stiffer penalties. They may include longer jail, higher fines, and permanent license revocation.
- The judge may also mandate enrollment in a driver improvement program. And/or community service.
- Any driver whose DWI causes the death of another person faces up to 30 years in prison.
- A driving license revocation also revokes the offender’s boating license.
Ignition Interlock Device
An ignition interlock device (IID) prevents a vehicle from starting if the driver has any breath alcohol. Many DWI convictions require the installation of an IID on the offender’s vehicle. An IID may also be a requirement for a hardship license or reinstating a license.
Of course, offenders must pay the high costs for installation, maintenance, and monitoring.
Driver Rights
All drivers have a US Constitutional right to decline a chemical BAC test. But the state imposes a one year license suspension on those who use their right. If they use their right a second time, the suspension is for 730 days. After the suspension, drivers must carry additional insurance coverage for three years.
But the state doesn’t penalize drivers for refusing to take a field sobriety test. These are no accurate. In fact, about one-third of completely sober people fail them. That is, about one of three people with zero BAC (0.00%) don’t pass them. That’uner ideal indoor conditions.
So lawyers strongly urge drivers not to take them. They say to politely refuse. And to do so as often as needed.
Police have clever ways to talk drivers into taking the tests. For instance, they may falsely say that the law requires it. It doesn’t. No law in any state does. Or they may say passing the test will prove they’re innocent. But to police, passing is not proof of sobriety.
In fact, drivers don’t need to prove their innocence. To the contrary. It’s the state that has to prove they’re guilt. So taking the test never helps drivers. It only harms them.
While investigating, police can legally lie. So don’t fall. for it.
Learn much more at Never Take a Field Sobriety Test Say DUI Lawyers.
D. Boating and Alcohol
Louisiana alcohol laws prohibit operating a vessel while intoxicated or under the influence of drugs. This also includes riding water skis, surfboards, or similar devices.
Legally, intoxication occurs at a BAC of 0.08% or higher. If operators are under age 21, the level is 0.02% or higher.
There are penalties for operating a vessel while intoxicated or under the influence of drugs. They are a fine of up to $1,000 and/or jail for up to six months.
Police use boating under the influence checkpoints during peak holiday boating weekends. Therefore, they don’t need probable cause. That is, any suspicion that a boater is impaired.
Convictions for operating a boat under the influence affects the vehicle driving license record. It also increases insurance rates.
Boaters may use their right not to submit to a chemical BAC or drug test. But the state can use that fact against the boater in court.
III. Resources on Louisiana Alcohol Laws
IV. Advice about Drinking Laws in Louisiana
The Louisiana legal system is based on Napoleonic rather than English law. This makes it unique. Louisiana alcohol laws are hard for outside lawyers. So do not rely on this site. Nor any other site. Nor on neighbors. Friends. Nor even relatives. Just smile and thank them. Then ignore what they say. It’s worth what they charged. That is, nothing.
Get advice about Louisiana alcohol laws from an expert. That is a lawyer who holds a license in the state. Alcohol laws and their enforcement varies widely across the state. Therefore, it’s wise to select a lawyer who practices in the town or parish of interest.