To the delight of alcohol awareness advocates and organizations like Mothers Against Drunk Driving, Louisiana’s open container laws now apply to passengers.
State Sen. Joel Chaisson, D-Destrehan, sponsored the new legislation, which was signed into law by Gov. Kathleen Blanco on May 12.
According to the new law, it is now “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.”
In the past, open container legislation only applied to the operator of a motor vehicle — not the passengers.
Cathy Childers, the state executive director of MADD, said in an April 25 interview that the organization supported and lobbied for the change in legislation.
“We support it for a couple of reasons,” Childers said. “Drinking passengers are a distraction to the driver. [The new law] 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 passed.
She also said the new law will help decrease the occurrences of hit-and-run violations in the state.
This new law may help improve the grade of “C” Louisiana received from MADD in a 2002 ratings study. In the study, MADD evaluated the alcohol related legislation of all states and compared it to its own platform. It then assigned a grade ranking to each state.
According to their official platform, “MADD endorses open container restrictions which prevent the consumption of alcohol or the possession of open containers of alcohol in any motor vehicle.”
While the legislation does work to curtail drinking in motor vehicles, it also provides a number of exemptions.
Any passenger of a motor home, a privately owned limousine with a licensed driver, and passengers and krewe members riding on parade floats are exempt from the new law, ensuring the legality of tailgating parties and Mardi Gras revelry.
Louisiana State University Police Department Maj. Ricky Adams said the 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 old law],” Adams said. “I don’t think it will create a big difference here at LSU.”
Adams said most violations on campus involve underage drinking and drivers under the influence of alcohol.
Until now, East Baton Rouge Parish had an ordinance against open containers in any area of an operating vehicle, but the new state law will preempt any local legislation.
Violators of the new law will face a fine of up to $100.