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HB 264

DWI: Provides relative to operating a vehicle while intoxicated (OR NO IMPACT See Note)

2026 Regular Session Introduced by Brian Glorioso

Establishes Jada’s Law requiring safe-release clearances for OWI arrestees, determines medically sober criteria, and mandates vehicle security or towing to prevent operation until

Becomes HB 1246.
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WeVote Research Nonpartisan
Bill Summary · HB 264

Summary of HB 264 (2026, Louisiana) — DWI: Safe-Release, Vehicle Security, and Related Matters

Main purpose and intent

  • Establishes “Jada’s Law” to govern the detention, release, and vehicle handling of individuals arrested for operating while impaired (OWI) offenses.
  • Requires a safe-release clearance before release from custody and sets criteria to determine when a person is medically sober and safe for release.
  • Creates procedures to secure and manage the arrestee’s motor vehicle, including rental vehicles, to prevent operation while impaired.
  • Provides for agency notice to rental dealers, civil immunity for parties acting in reliance on the law, and rulemaking authority to implement standards and procedures.

Key provisions and changes

New statute: R.S. 14:98.9

  • Definitions (Section B)
    • “Chemical test”: as defined by existing law (R.S. 32:661 et seq).
    • “Legal limit”: BAC of 0.08% for OWI (R.S. 14:98) and 0.02% for OWI-6 (R.S. 14:98.6).
    • “Medically sober”: not impaired to danger, able to care for basic needs, and no observable signs of intoxication, as determined by:
    • A licensed healthcare professional, or
    • A trained correctional officer or booking supervisor.
    • “Operating-while-impaired offense”: OWI offenses under R.S. 14:98, 14:98.6, or equivalent laws.
    • “Safe-release clearance”: written/electronic record showing eligibility for release per this section.

Safe-release requirement (Section C)

  • Arrestees for OWI cannot be released by bond, recognizance, summons, or other means unless a safe-release clearance is issued.
  • Conditions for safe-release:
    • Must be medically sober.
    • If chemical test shows BAC above the legal limit, must be followed by a breath test or other lawful means showing BAC at or below the limit.
    • If no chemical test result is available due to refusal, unavailability, or delay, safe-release may be issued after at least eight hours from arrest, provided the arrestee is medically sober (longer holds possible if not sober).
  • The procedure does not require repeated blood draws.
  • Bail options remain available and court can impose additional release conditions.

Transportation and vehicle security (Sections D–E)

  • Upon safe-release issuance, agencies document the arrestee’s planned transportation from the facility.
  • Agencies may require release to a sober, licensed adult, rideshare/taxi, public transit, or other non-driving means.
  • If OWI involves a motor vehicle, arresting agency must take steps to secure the vehicle to prevent operation until safe release, including:
    • Releasing the vehicle only to a sober, validly licensed owner/authorized driver other than the arrestee, or
    • Towing or storing the vehicle as appropriate.
  • Arresting agency must seize the ignition key or other device needed to operate the vehicle unless released to a sober/authorized person or properly towed/stored.

Rental vehicles (Section F)

  • If the vehicle is a rental, agencies must notify the rental dealer as soon as practicable.
  • The arrestee cannot obtain possession of the rental vehicle or key before a safe-release clearance.
  • Notice may be transmitted electronically and may include arrestee name, date of birth, and rental agreement number.
  • Rental vehicle release is limited to the rental dealer representative or a sober, authorized driver listed on the rental agreement.

Immunity and rulemaking (Sections G–H)

  • Civil immunity for agencies, towing/storage facilities, and rental dealers acting in reasonable reliance on safe-release clearance or good faith compliance, except in cases of gross negligence.
  • The Department of Public Safety and Corrections, with relevant associations, may adopt minimum standards, policies, and training guidance under the Administrative Procedure Act (APA) to implement the section, including:
    • Criteria for determining “medically sober.”
    • Procedures for breath testing to confirm return to legal limits.
    • Model safe-release clearance forms.
    • Model rental dealer notice forms and transmission methods.

Affected entities and individuals

  • Individuals arrested for operating-while-impaired offenses.
  • Custodial/arresting law enforcement agencies (including booking and detention staff).
  • Towing and storage facilities and other related custodial services.
  • Rental car dealers and rental vehicle renters/drivers.
  • Medical professionals and trained personnel who may participate in determinations of sobriety.
  • Public safety and law enforcement policymakers (through rulemaking).

Procedural and timeline aspects

  • Safe-release clearances must be issued prior to any release from custody.
  • If chemical test is used and shows BAC above the limit, a return-to-legal-limit verification via breath test or equivalent is required.
  • If no chemical test result is available, the arrestee must be held a minimum of eight hours, provided medically sober; longer holds permitted if not sober.
  • Vehicle security actions must be taken promptly, including securing or towing the vehicle and limiting access to the arrestee.
  • Rental vehicles require timely notification to the rental agency and restricted release only to authorized sober individuals.
  • The bill authorizes agencies to adopt standards and forms via the APA process.

Effective status

  • The bill adds a new statute (R.S. 14:98.9) and outlines the framework for safe-release determinations, vehicle security, and related procedures for OWI offenses. It passed initial readings and referral to committee as part of the 2026 Regular Session.

If you’d like, I can provide a side-by-side comparison with current law or a practical checklist for agencies to implement these provisions.

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

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