Louisiana’s impaired-operation statute is broader than its old DWI shorthand suggests. The current law is titled “Operating a vehicle while impaired,” and it applies to the operation of a motor vehicle, aircraft, watercraft, vessel, or other means of conveyance. A roadway and a conventional car are not required.
The statute focuses on operation, impairment, and the conveyance
Louisiana Revised Statute 14:98 defines the offense as operating a covered conveyance when the operator is impaired by alcohol, has a blood-alcohol concentration of 0.08 percent or more, or is impaired by a drug, a combination of drugs, or alcohol and drugs.
The term OVI, for operating a vehicle while impaired, better fits that wording than DWI, for driving while intoxicated. People still use DWI in ordinary conversation, but the current statute does not limit the offense to driving an automobile.
A valid driver’s license is not an element of the offense, and lacking one is not a defense. That matters when the vehicle is a golf cart, ATV, or another conveyance that someone might operate off a public road.
A boat can fall squarely within the law
R.S. 14:98 expressly names watercraft and vessels. An operator can therefore face an OVI investigation on a lake, river, bayou, or other waterway. The evidence will look different from a roadside case. Officers may rely on observations of boat handling, balance, speech, statements, field tests adapted to the setting, and chemical-test evidence.
Separate boating-safety and navigation rules may also apply. A criminal OVI charge addresses the operator’s conduct, while an injury claim asks who caused the collision or other incident and what damages followed. The two proceedings can overlap without being the same case.
If impaired operation caused a boating injury, our Baton Rouge boat accident lawyers can review the civil claim separately from any criminal charge.
Golf carts and ATVs are not a safe loophole
The statute’s reference to motor vehicles and other means of conveyance can reach a golf cart, ATV, or side-by-side. The location and vehicle classification may affect other licensing, registration, road-access, and equipment rules, but they do not create a general exception from the impaired-operation statute.
For example, Grand Isle may allow a properly permitted golf cart in specified places under local rules. That local permission concerns where and how a cart may be used. It does not authorize impaired operation. Our separate guide explains Louisiana golf-cart road rules and the Grand Isle exception.
An ATV crash at a park, track, worksite, hunting property, or private gathering can raise still more issues. Ownership, maintenance, passenger limits, waivers, landowner responsibility, and the conduct of other riders may matter. Our article on ATV and side-by-side injury liability addresses those civil questions in more detail.
Drivers under 21 face a separate 0.02 rule
R.S. 14:98.6 applies when a person under 21 operates a covered conveyance with a blood-alcohol concentration of 0.02 percent or more. If the concentration reaches the 0.08 threshold in R.S. 14:98(A)(1)(b), the statute directs that the person be charged under that provision instead.
Passengers also matter. R.S. 14:98 contains a child-endangerment provision when a child age 12 or younger is aboard the motor vehicle, aircraft, watercraft, vessel, or other motorized conveyance during the offense.
An OVI arrest does not decide an injury claim by itself
A citation or conviction can be important evidence, but a person seeking damages must still establish fault, causation, and the extent of the loss. The investigation may require photographs, witness accounts, dispatch records, body-camera footage, chemical-test records, boat or vehicle ownership documents, GPS information, maintenance records, and available insurance policies.
Coverage may come from a boat policy, homeowner policy, recreational-vehicle policy, commercial policy, or another source rather than an ordinary auto policy. When a rental, employer, event organizer, property owner, or vehicle defect contributed to the incident, more than one responsible party may need to be evaluated.
Our Louisiana personal injury practice explains the broader rules for supported injury claims. A person facing an OVI charge should promptly consult qualified criminal-defense counsel, because this article addresses the statute only in general terms.
Contact Babcock Injury Lawyers or call (225) 500-5000 to discuss which kind of help you need.
Our guide to unusual Louisiana laws explains other rules whose limits are often missed.
Editorial & Legal Accuracy Notice (Louisiana)
This article provides general information and is not criminal-defense or personal-injury advice. It does not create an attorney-client relationship. Impairment cases depend on the conveyance, location, observations, testing, statements, and other applicable laws.
Sources checked: September 29, 2026.