This section defines first degree vehicular negligent injuring and sets criminal penalties, including fines, imprisonment, and probation-related treatment orders in some cases.
§39.2. First degree vehicular negligent injuring A. First degree vehicular negligent injuring is the inflicting of serious bodily injury upon the person of a human being when caused proximately or caused directly by an offender engaged in the operation of, or in actual physical control of, any motor vehicle, aircraft, watercraft, or other means of conveyance whenever any of the following conditions exists: (1) The offender is impaired by alcoholic beverages. (2) The offender's blood alcohol concentration is 0.08 percent or more by weight based upon grams of alcohol per one hundred cubic centimeters of blood. (3)(a) The offender is impaired by any other drug, combination of drugs, or combination of alcohol and drugs. (b) As used in this Section, the term "drug" means any substance or combination of substances that, when taken into the human body, can impair the ability of the person to operate a vehicle safely. (4), (5) Repealed by Acts 2024, No. 662, §3. B. The violation of a statute or ordinance shall be considered only as presumptive evidence of negligence as set forth in Subsection A. C. Repealed by Acts 2019, No. 2, §3. D.(1) Whoever commits the crime of first degree vehicular negligent injuring shall be fined not more than five thousand dollars or imprisoned with or without hard labor for not more than ten years, or both. (2) Whoever commits the crime of first degree vehicular negligent injuring and who had either a blood alcohol concentration, at the time of the commission of the offense, of at least 0.15 percent by weight based on grams of alcohol per one hundred cubic centimeters of blood, or has a prior conviction for operating a vehicle while intoxicated, shall be fined not more than five thousand dollars and imprisoned with or without hard labor for not less than two years nor more than ten years. At least two years of the sentence imposed shall be served without the benefit of probation, parole, or suspension of sentence. During any period of probation, the court shall order the offender to participate in a court-approved substance abuse treatment program and may require successful completion of a court-approved driver improvement program. Acts 1995, No. 403, §1, eff. June 17, 1995; Acts 1997, No. 1021, §1, eff. July 11, 1997; Acts 2001, No. 781, §1, eff. Sept. 30, 2003; Acts 2001, No. 1163, §5; Acts 2003, No. 758, §1, eff. Sept. 30, 2003; Acts 2019, No. 2, §3; Acts 2024, No. 523, §1; Acts 2024, No. 662, §§1, 3.