Kenny Habetz Injury Law | May 8, 2025 | Louisiana Law
It’s a question people ask themselves all the time—especially in Louisiana, where social drinking is part of the culture: “Can I have just one drink and still be safe—and legal—to drive?”
The short answer is not necessarily. Even one drink can impair your ability to drive and expose you to serious consequences under Louisiana DUI laws, including civil liability in a personal injury case if you cause an accident.
What Louisiana Law Says
In Louisiana, it’s illegal to drive with a blood alcohol concentration (BAC) of 0.08% or higher if you’re over 21. But that doesn’t mean anything under that is automatically safe or legal.
Under Louisiana Revised Statutes § 14:98, you can still be charged with Operating a Vehicle While Intoxicated (OWI) if law enforcement believes your ability to operate a vehicle is impaired, even if your BAC is below 0.08%.
Louisiana’s pure comparative fault system also allows for financial responsibility even if you’re only partially at fault in an accident. If alcohol contributed to the accident—even slightly—you could be held accountable.
How “Just One Drink” Affects You
One drink might not seem like a big deal, but alcohol affects people differently based on factors like:
- Body weight
- Gender
- Metabolism
- Food intake
- Drinking speed
Even one drink can reduce reaction time, judgment, and motor coordination—all critical to safe driving. For some people, that’s enough to impair performance behind the wheel and trigger a DUI charge or accident.
Civil Liability for Drunk Driving
If you’re in a crash after even light drinking, you’re not just facing criminal charges—you could be sued for damages in a civil court.
In Louisiana, injured victims in a drunk driving accident can file a personal injury claim seeking:
- Medical expenses
- Lost wages
- Pain and suffering
- Property damage
If your BAC is elevated or if you admit to drinking, plaintiffs may argue negligence per se—meaning they don’t have to prove you were careless, just that you violated a safety law.
That legal shortcut can lead to a much quicker finding of fault—and potentially a large financial judgment.
Louisiana Is Tough on Drunk Driving
DWI enforcement is strict across the state–from New Orleans to Shreveport. Police frequently run sobriety checkpoints, especially on weekends and holidays.
Louisiana also enforces enhanced penalties for repeat offenders, high BAC levels, and DUI-related injury or death. In some cases, a single incident can result in:
- Jail time
- License suspension
- Court-ordered restitution
- Mandatory alcohol education or treatment
That’s on top of civil liability if someone gets hurt.
What About Zero Tolerance?
Louisiana also has a Zero Tolerance Law for drivers under 21. If you’re underage, a BAC of 0.02% or more is enough to lead to a DWI charge and license suspension.
That’s roughly one drink or less for most people. Even if you’re not legally drunk, you can still be charged, and if an accident occurs, the penalties multiply—both criminally and civilly.
So, Can You Really Have Just One and Drive Safely?
Legally, you might be able to drive after one drink. But safely? That’s a different story.
Alcohol affects everyone differently, and impairment can begin before you feel “buzzed.” If you’re involved in a crash—even a minor one—and it’s determined that alcohol played a role, you could face both criminal charges and civil liability.
In Louisiana, that could mean paying out-of-pocket for medical bills, property damage, and emotional distress—even if your BAC was under 0.08%.
Think Before You Drink and Drive
One drink doesn’t seem like much—until you’re pulled over, fail a field sobriety test, or worse, cause a crash that injures someone. In Louisiana, even “just one” can lead to serious legal, financial, and personal consequences.
If you’re facing a DWI charge or a personal injury lawsuit involving alcohol, it’s crucial to consult with a Crowley personal injury attorney who knows the local laws and courts.
When in doubt, don’t drive. Take a rideshare, call a friend, or wait it out. The risk isn’t worth it to your future, finances, or someone else’s life.
Contact the Louisiana Personal Injury Law Firm Of Kenny Habetz Injury Law for Help Today
If you’ve been injured in Louisiana, please call Kenny Habetz Injury Law for a free case evaluation with a Louisiana personal injury lawyer or contact us online. We have offices in Lafayette and Crowley, LA.
Kenny Habetz Injury Law – Lafayette
110 E Kaliste Saloom Rd Ste 101 Lafayette, LA 70508
(337) 399-9000
Kenny Habetz Injury Law – Crowley
604 S Parkerson Ave. Crowley, LA 70526
(337) 329-8883
