Louisiana’s open container laws may soon become much more strict.
State Sen. Joel Chaisson sponsored Senate Bill No. 341, that will make it “unlawful for the operator of a motor vehicle or the passenger in or on a motor vehicle, while the motor vehicle is operated on a public highway or right-of-way, to possess an open alcoholic beverage container, or to consume an alcoholic beverage, in the passenger area of a motor vehicle.”
Currently, the state’s open container laws only apply to the operator of a motor vehicle.
Cathy Childers, the state executive director of Mothers Against Drunk Driving, said the organization supports the legislation.
“We support it for a couple of reasons,” Childers said. “Drinking passengers are a distraction to the driver. It will save lives.”
Childers cited three separate studies that have shown a decrease in alcohol-related fatalities in other states once this type of legislation was enacted.
She said the legislation also would help curtail the frequency of hit-and-run violations in the state.
According to M.A.D.D. statistics, Louisiana is one of 14 states without an open container law that applies to passengers.
LSUPD Maj. Ricky Adams said the proposed law could become a great tool for law enforcement agents statewide and help prevent accidents involving alcohol. But Adams said it probably would not be heavily enforced on campus.
“We do not see many violations [of the current law],” Adams said. “I don’t think it will create a big difference here at LSU.”
Adams said most violations on campus involve underaged drinking and violators who drive under the influence of alcohol.
Thus far, the proposed bill has not received resistance. On April 19, the state Senate voted 38-0 to pass the law. On April 20, the House Transportation Committee unanimously approved the legislation. Next, the full house will vote — probably on Tuesday, Childers said.
Childers said alcohol legislation has been rejected in the House in the past, but said she is hopeful this time around.
“This is the most optimism I’ve had,” Childers said.
She said one of the reasons the bill has not received considerable resistance is the numerous exemptions it offers.
In the bill, parked cars and motor homes are exempt — ensuring the legality of tailgating parties. Also, riders on Mardi Gras floats are exempt.
“If the exemptions were not in place, the bill would likely fail,” Childers said.
Cpl. Don Kelly of the Baton Rouge Police Department said East Baton Rouge Parish currently has an ordinance against open containers in any area of an operating vehicle. He said the new legislation would not change the way the current law is enforced.