Louisiana’s Intoxication Defense to Certain Accidents, La. R.S. 9:2798.4

Generally, no person shall be liable for damages for injury, death, or loss of the operator of a motor vehicle, aircraft, watercraft, or vessel who is found to be in excess of 25% negligent as a contributing factor in causing his damages as a result of operating a motor vehicle, aircraft, watercraft, or vessel while his blood alcohol concentration was 0.08, or who was operating while he was under the influence of any controlled dangerous substance unless prescribed or provided by a health care provider.

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