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HB 1246

DWI: Provides relative to operating a vehicle while impaired (EN NO IMPACT See Note)

2026 Regular Session Introduced by Brian Glorioso and 1 co-sponsor

Requires at least an eight-hour detention for arrests of impaired driving with BAC above legal limit, with longer detention if safety concerns exist.

Effective date: 08/01/2026.
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WeVote Research Nonpartisan
Bill Summary · HB 1246

Summary of HB 1246 (2026) – Louisiana

Title

DWI: Provides relative to operating a vehicle while impaired

Purpose and intent

HB 1246, introduced as a substitute for HB 264, creates a requirement known as “Jada’s Law” that governs the detention and release timing of individuals arrested for operating a vehicle while impaired (OVI) or operating under the influence (OUIL) when their blood alcohol concentration (BAC) exceeds the legal limit.

Key provisions

  • New statute added: Enacts R.S. 14:98.9, titled “Jada’s Law.”
  • Definition of legal limit:
    • BAC of 0.08% for offenses under R.S. 14:98 (standard OVI).
    • BAC of 0.02% for offenses under R.S. 14:98.6 (driving with a BAC of 0.02%–0.07% typically for commercial drivers or related impairment statutes, depending on existing provisions).
  • Detention and release timing:
    • After an arrest for OVI (14:98) or enhanced OVI (14:98.6), a custodial agency must hold an individual with a BAC above the legal limit for a minimum of eight hours.
    • The agency may detain the individual longer if a safe release is not feasible.
  • Bail and court authority preserved:
    • The policy does not deny or restrict bail rights under the Code of Criminal Procedure.
    • Courts retain authority to impose additional conditions of release as allowed by law.
  • Age exclusion:
    • The provisions do not apply to individuals who are 17 years of age or younger.
  • Operative language:
    • The act adds R.S. 14:98.9 and does not repeal or modify other existing sections beyond adding the new detention requirement.

Who is affected

  • Law enforcement custodial agencies responsible for processing arrests for OVI (14:98) and related offenses (14:98.6) in Louisiana.
  • Individuals arrested for operating while impaired who have a BAC above the applicable legal limit at the time of arrest.
  • Specifically excludes individuals who are 17 years old or younger from the detention requirement.

Procedural and timeline aspects

  • Effective/Implementation: The bill text does not specify an effective date within the excerpt provided; typically, such statutes become effective on a date set by the legislature or upon signature and publication.
  • Detention period: Mandatory minimum hold of eight hours post-arrest for those with BAC above the legal limit.
  • Release options: Detention can extend beyond eight hours if safety or logistical concerns prevent safe release.
  • Bail process: Bail remains available under existing procedures; this bill does not change bail rights but operates alongside them.

Overall assessment

HB 1246 adds a standardized, minimum eight-hour detention period for intoxicated drivers arrested for operating while impaired (above the legal BAC limit), with flexibility for longer detention if warranted by safety concerns. It emphasizes public safety while preserving bail rights and excluding younger drivers (17 and under) from this specific provision.

Compiled from official sources — confirm details with the bill’s official record.

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