According to the latest data released by the Louisiana Highway Safety Commission, drunk driving arrests are down even as drunk driving fatalities are up and millions are being spent on sobriety enforcement. While some experts maintain that fewer arrests are an indication that fewer people are driving drunk, others have pointed out that 34 percent of the traffic fatalities in the state of Louisiana were alcohol-related in 2014 alone, indicating that that can’t be the case. Everyone also seems to be equally stumped as to why the rate of all alcohol-related traffic fatalities has stayed relatively constant over the years—around 30 percent—regardless of how much funding is spent to track down and arrest drunk drivers.
Researchers with Boston University School of Medicine and Public Health have suggested that state lawmakers should not only look at discouraging drunk driving—but a means of discouraging excessive drinking overall—in an effort to curb the problem. Their study found binge drinking to be at the heart of the problem, as binge drinkers are more likely to try and drive while drunk, and the best way to go after binge drinking is through taxes on alcohol and sales restrictions versus throwing more money into more law enforcement.
Drunk Driving Fatalities and Louisiana Law
An adult driver is considered to be intoxicated if their blood alcohol level is at 0.08 percent or higher. In Louisiana, however, an officer can still deem you under the influence even if your blood alcohol concentration level is less than that, as you could be under the influence of drugs instead of alcohol.
Drunk drivers can not only face criminal penalties, but civil suits from those who are injured in accidents due to their negligence. A conviction for driving while intoxicated (DWI) results in your driver’s license being suspended for 365 days, and if you refuse to take a chemical test, your driver’s license will be seized for six months.
Aside from the criminal penalties, a civil case (personal injury lawsuit) can be filed by any victims of the accident, including any family members of people who were killed. Because Louisiana is a negligence versus no-fault state, drunk drivers can be automatically subject to civil liability without a particular threshold for injury or damage being done first, and without first having to file a claim with your own insurance company, even if you weren’t at fault.
Accident Attorneys in New Orleans
Each year, thousands of people are hurt or killed in drunk driving-related accidents on Louisiana highways and roads. These accidents can cause severe injuries, including traumatic brain injuries, paralysis, and spinal cord injuries. The auto accident attorneys at Harrell & Nowak have helped many throughout Louisiana obtain financial compensation and justice for their injuries. Contact us today for a free consultation if you or a loved one has been the victim of drunk driving fatalities.