Louisiana alcohol laws regulate how people purchase alcohol, the public possession of an alcoholic beverage, the legal drinking age, and penalties for minors who purchase or drink alcohol. Alcohol laws in Louisiana also include open container laws, penalties for breaking underage drinking laws, criminal charges for establishments that sell alcoholic beverages to minors, and the criminal charges that come with drinking and driving.
Securing representation from a knowledgeable Baton Rouge criminal defense lawyer is critical if you face legal challenges related to Louisiana alcohol laws. Our team at The Law Offices of Ossie Brown is well-equipped to provide the necessary legal guidance and defense strategy to protect your legal rights.
Call 225-343-1111 or contact us online to schedule a free consultation and learn more about how we can support you during this challenging time.
Legal Drinking Age in Louisiana
In Louisiana, the legal drinking age is set at twenty-one years of age. It is illegal for minors under this age to purchase alcohol or drink alcohol. There are some exceptions to the legal drinking age according to Louisiana alcohol laws:
- Minors can drink alcohol on private property that doesn’t sell alcoholic beverages
- Minors can drink alcohol in the presence of a parent or legal guardian who is over the legal drinking age
- Minors can drink alcohol for religious or medicinal purposes
Louisiana Underage Drinking Laws
Louisiana alcohol laws clearly stipulate that the legal drinking age is 21. Minors under the legal drinking age are generally not allowed to purchase, possess, or consume alcohol. Although, there is an exception where a parent or legal guardian may allow a minor to drink alcohol in a private residence. When minors are caught consuming an alcoholic beverage if they are under the legal drinking age, they can face penalties, including fines, community service, mandatory alcohol education classes, and a possible suspension of their driver’s license.
Minors caught driving under the influence (DUI) face more severe consequences, such as higher fines, longer license suspension, and potential jail time. For those under twenty-one years of age, Louisiana enforces a zero-tolerance policy for drinking and driving.
We’re often asked, “Is Louisiana a stop-and-ID-state?” No, it is not, and our criminal defense attorneys often find that the defendant’s rights have been violated because they did not understand this beforehand.
Louisiana Alcohol Sales Hours
Under Louisiana alcohol laws, the ability to sell alcohol, including wine, spirits, and beer, varies across the state. Most parishes in Louisiana permit 24/7 sales of alcoholic beverages.
Despite that, some parishes enforce specific restrictions on the hours during which alcohol can be sold, particularly with limitations on Sunday sales.
Can You Buy Liquor on Sunday in Louisiana?
Most parishes in the state allow the sale of all types of alcohol, including distilled spirits, on Sundays. However, some parishes permit only the sale of beverages with lower alcohol content, such as beer and wine.
Louisiana Happy Hour Laws
Louisiana’s happy hour laws allow drink discounts within permitted hours, typically not between 9 PM and 6 AM. Establishments can offer discounted drinks but cannot give away free drinks, offer unlimited drink specials, or require customers to buy more than one drink to get a discount. Advertising is allowed but must not promote excessive drinking or drinking games. Additionally, serving multiple drinks to a single person simultaneously during happy hour is prohibited to encourage responsible consumption and ensure public safety.
Who Can Sell Alcoholic Beverages in Louisiana?
The sale of alcohol is restricted to entities that hold the appropriate permits. This includes retailers, restaurants, caterers, and manufacturers, each requiring specific licensing that allows them to sell alcohol under defined conditions.
- Retailer’s Permit: Authorizes the sale of packaged alcoholic beverages intended for off-premises consumption.
- Restaurant Permit: Enables the location to sell beer, wine, and spirits, all of which are permitted for consumption directly on the premises.
- Caterer’s Permit: Allows the holder to serve alcoholic beverages as part of their services at private events where such activities are permitted.
- Manufacturer’s Permit: Permits the holder to maintain operations for the production and distribution of alcohol.
Louisiana Open Container Law
The open container laws in Louisiana make it illegal to have an open container of alcohol or mixtures thereof in the passenger area of a vehicle. These laws are strictly enforced to prevent drinking and driving and to reduce the risk of DWI offenses. The penalties for violating open container laws can be severe, including fines and potential impacts on driving records.
Louisiana Public Possession Laws
In Baton Rouge, Louisiana, alcohol laws prohibit the possession of open containers in public places. It is illegal to carry or consume alcohol unless it is within a designated entertainment district or during specific permitted events.
However, in New Orleans, public possession of an alcoholic beverage is permitted in many public areas, although open containers of alcohol are still illegal in vehicles. Louisiana has no state law prohibiting open containers in public areas as long as you are not inside a vehicle.
Legal Alcohol Limit Louisiana
In Louisiana, it is illegal to operate any motor vehicle, including boats, with a blood alcohol concentration (BAC) of 0.08% or higher. Driving while intoxicated (DWI) applies to all drivers, regardless of the type of vehicle, ensuring that the roads and waterways are safe.
If you are caught operating a motor vehicle while intoxicated, a DUI attorney from The Law Offices of Ossie Brown can help, and if you’re caught drinking and driving a watercraft, such as a boat, a Baton Rouge boating DWI attorney can provide essential assistance by challenging evidence and working towards the best possible outcome in your case.
Louisiana DUI Laws
Louisiana DUI laws address driving while under the influence of alcohol or drugs, similar to DWI laws. The key difference is that DUI generally refers to a broader range of impairments, while DWI specifically involves alcohol intoxication. Both offenses carry severe penalties, including fines, license suspension, and even jail time.
For those stopped at DUI checkpoints in Louisiana or are pulled over for a DUI in Louisiana knowing your rights and seeking legal counsel is crucial. A Baton Rouge DUI lawyer can guide you through the legal process, help build a defense, and work to reduce the impact of the charges on your life.
1st Offense DUI Louisiana
In Louisiana, a 1st offense DUI still carries significant penalties. These penalties can include fines, license suspension, mandatory alcohol education classes, and possible jail time. Understanding the severity of these consequences is important for those who consume alcohol and drive in Louisiana.
2nd Offense DUI Louisiana
The penalties for a 2nd offense DUI are more severe than for a first offense. Under the law, you may be subject to longer license suspension periods, increased fines, mandatory jail time, and extended treatment programs for alcohol use. Additionally, an Ignition Interlock Device (IID) may be installed in your car to prevent you from starting the vehicle if you have consumed an alcoholic beverage.
3rd Offense DUI Louisiana
A 3rd offense DUI in Louisiana is classified as a felony and carries severe consequences. Penalties include substantial fines, extended jail time, and long-term suspension of driving privileges.
4th Offense DUI Louisiana
A 4th offense DUI is a felony in Louisiana. In addition to facing major fines and imprisonment, individuals convicted of such offenses risk permanently losing their Louisiana driver’s license.
Public Intoxication Louisiana
The laws for public intoxication in Louisiana prohibit individuals from being under the influence of alcohol or drugs to the extent that they endanger themselves or others in public places.
In cases where public intoxication escalates to aggravated assault charges, seeking the guidance of a Baton Rouge aggravated assault attorney is essential. An experienced attorney will examine factors such as the individual’s state of mind, the circumstances surrounding the incident, and any potential mitigating factors, such as the use of prescribed medications. Their guidance can help achieve the best possible outcome for those facing such charges.
Louisiana Alcohol Delivery Laws
Louisiana alcohol delivery laws dictate that only alcoholic beverages intended for personal consumption and presented in a manufacturer-sealed container may be offered for delivery. This regulation ensures the integrity and safety of the delivered products. Additionally, all orders for alcohol delivery must include the purchase of food, further emphasizing responsible consumption practices.
Dram Shop Laws Louisiana
Under Louisiana dram shop laws, businesses that sell alcohol to customers are not held legally responsible if those patrons drive drunk and cause harm off the premises. However, if alcohol is sold to minors and they cause injury on the premises, the business may be liable in a third-party drunk driving lawsuit.
Social Host Liability in Louisiana
The social host liability law outlines that hosts cannot typically be held liable for harm resulting from alcohol consumption unless they knowingly provided alcohol to a minor and the incident occurred on their premises.
Louisiana Liability Laws for Bars and Restaurants
Louisiana’s liability laws for bars and restaurants are strict regarding the sale and distribution of any alcoholic beverage, especially concerning minors.
Establishments serving alcohol must adhere to strict age restrictions, ensuring that only individuals of legal drinking age consume alcohol on their premises. Any violation of these laws, such as serving minors or facilitating underage consumption, can result in serious legal consequences for the establishment.
Baton Rouge Criminal Defense Lawyer
A skilled criminal defense lawyer can be your strongest ally if you’re facing legal trouble in Baton Rouge. At the Law Offices of Ossie Brown, we’re committed to protecting your rights and securing the best possible outcome for your case.
Having a lawyer by your side is crucial whether you’ve been detained or arrested. Why do you need a lawyer for a DUI? From challenging evidence like rising blood alcohol levels to handling legal procedures, there are several ways that a lawyer can help with a DUI. For example, a skilled lawyer can take advantage of the pretrial diversion program, which offers an alternative to traditional prosecution for certain offenses, providing an opportunity for rehabilitation and avoiding a criminal record.
Don’t face DUI charges alone – contact the Law Offices of Ossie Brown today to explore your legal options and defend your future. Call 225-343-1111 or contact us online for a free consultation.
