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HB1246 • 2026

DWI: Provides relative to operating a vehicle while impaired (EG1 NO IMPACT See Note)

DWI: Provides relative to operating a vehicle while impaired (EG1 NO IMPACT See Note)

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Brian Glorioso
Last action
2026-05-26
Official status
Pending House concurrence - Sched. for 5/27/26
Effective date
Not listed

Plain English Breakdown

The bill has passed both chambers but needs final concurrence before becoming law.

Jada's Law

This bill requires custodial agencies to hold individuals arrested for driving while impaired with a blood alcohol concentration above the legal limit for at least eight hours before releasing them.

What This Bill Does

  • Defines 'legal limit' as a blood alcohol concentration of 0.08% for adults and 0.02% for those under 17 years old in relation to driving while impaired (DWI).
  • Requires custodial agencies to hold individuals arrested for DWI with a blood alcohol level above the legal limit for at least eight hours.
  • Gives custodial agencies discretion to hold an individual longer than eight hours if it's not safe to release them.

Who It Names or Affects

  • People who are arrested for driving while impaired with a blood alcohol concentration above the legal limit.
  • Custodial agencies responsible for holding individuals arrested for DWI.

Terms To Know

legal limit
The maximum amount of alcohol allowed in someone's bloodstream to legally drive, which is 0.08% for adults and 0.02% for those under 17 years old.
custodial agency
A police department or other organization responsible for holding people who are arrested until they can be released or taken to court.

Limits and Unknowns

  • The law does not apply to individuals under the age of 18.
  • It does not limit a person's right to bail or stop courts from setting conditions for release.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

Filed

Plain English: The amendment changes the time a person arrested for driving while impaired can be held by police from eight hours or longer to until it is safe to release them.

  • Changes the holding period for someone arrested for DWI from up to eight hours if necessary, to indefinite until it is safe to release them.
  • Makes technical adjustments to the bill.
  • The amendment text does not specify what constitutes a 'safe release'.
  • It's unclear how this change will be implemented in practice.
Adopted

Plain English: The amendment changes how a person who is presumed to be driving under the influence can be held by law enforcement until it's safe for them to leave.

  • Removes lines that describe certain conditions (lines 9 through 11).
  • Changes 'C.' to 'B.' at the start of line 12.
  • Adds new text after removing some lines, allowing a custodial agency to hold someone presumed under the influence until it's safe for them to leave.
  • Changes 'D.' to 'C.' at the start of line 17.
  • The exact impact and details of these changes are not fully explained in the provided text.
Draft

Plain English: SCAHB1246 4769 3530 SENATE COMMITTEE AMENDMENTS 2026 Regular Session Amendments proposed by Senate Committee on Judiciary C to Engrossed House Bill No.

  • SCAHB1246 4769 3530 SENATE COMMITTEE AMENDMENTS 2026 Regular Session Amendments proposed by Senate Committee on Judiciary C to Engrossed House Bill No.
  • 1246 by Representative Glorioso 1 AMENDMENT NO.
  • 1 2 On page 1, delete lines 9 through 11 3 AMENDMENT NO.
  • 2 4 On page 1, at the beginning of line 12, change "C." to "B." 5 AMENDMENT NO.

Bill History

  1. 2026-05-26 H

    Scheduled for concurrence on 05/27/2026.

  2. 2026-05-25 H

    Received from the Senate with amendments.

  3. 2026-05-21 S

    Rules suspended. The amended bill was read by title, passed by a vote of 36 yeas and 0 nays, and ordered returned to the House. Motion to reconsider tabled.

  4. 2026-05-14 S

    Reported without Legislative Bureau amendments. Read by title and passed to third reading and final passage.

  5. 2026-05-13 S

    Committee amendments read and adopted. Read by title and referred to the Legislative Bureau.

  6. 2026-05-12 S

    Reported with amendments.

  7. 2026-05-06 S

    Read second time by title and referred to the Committee on Judiciary C.

  8. 2026-05-05 S

    Received in the Senate. Read first time by title and placed on the Calendar for a second reading.

  9. 2026-05-05 H

    Read third time by title, roll called on final passage, yeas 96, nays 3. Finally passed, title adopted, ordered to the Senate.

  10. 2026-04-29 H

    Scheduled for floor debate on 05/05/2026.

  11. 2026-04-28 H

    Read by title, ordered engrossed, passed to 3rd reading.

  12. 2026-04-27 H

    Read by title, substitute title adopted, lies over in the same order of business, substitute for HB No. 264 reported by the Committee on Administration of Criminal Justice (10-0).

Official Summary Text

DWI: Provides relative to operating a vehicle while impaired (EG1 NO IMPACT See Note)

Current Bill Text

Read the full stored bill text 
HLS 26RS-3942 ENGROSSED
2026 Regular Session
HOUSE BILL NO. 1246 (Substitute for House Bill No. 264 by Representative
Glorioso)
BY REPRESENTATIVE GLORIOSO
DWI: Provides relative to operating a vehicle while impaired
1 AN ACT
2 To enact R.S. 14:98.9, relative to operating a vehicle while impaired; to provide for the
3 detention and release of persons arrested for operating while impaired; to provide for
4 exceptions; and to provide for related matters.
5 Be it enacted by the Legislature of Louisiana:
6 Section 1. R.S. 14:98.9 is hereby enacted to read as follows:
7 §98.9. "Jada's Law"; sober release requirement
8 A. This Section may be cited as "Jada's Law".
9 B. As used in this Section,"legal limit" means a blood alcohol concentration
10 of 0.08 percent for offenses in violation of R.S. 14:98 and 0.02 percent for offenses
11 in violation of R.S. 14:98.6.
12 C. Following an arrest for operating while impaired in violation of R.S.
13 14:98 or R.S. 14:98.6, the custodial agency shall hold an individual whose blood
14 alcohol concentration is above the legal limit for a minimum of eight hours. The
15 custodial agency has discretion to hold an individual for longer if a safe release is not
16 feasible.
17 D. Nothing in this Section shall be construed to deny or restrict the
18 entitlement of a person to bail pursuant to the Code of Criminal Procedure or limit
19 the authority of a court to impose additional conditions of release in accordance with
20 applicable law.
Page 1 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
HLS 26RS-3942 ENGROSSED
HB NO. 1246
1 E. The provisions of this Section do not apply to any individual who is
2 seventeen years of age or younger.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 1246 Engrossed 2026 Regular Session Glorioso
Abstract: Requires custodial law enforcement agencies to hold an arrested individual
whose blood alcohol concentration is above the legal limit for at least eight hours
after an arrest for operating while impaired.
Proposed law provides a definition for "legal limit".
Proposed law requires the arresting law enforcement agency to wait at least eight hours
before releasing a person whose blood alcohol concentration is above the legal limit when
the person was arrested for operating while impaired.
Proposed law does not restrict the person's entitlement to bail or limit the court's authority
to impose conditions for bail.
Proposed law does not apply to individuals who are 17 years of age or younger.
(Adds R.S. 14:98.9)
Page 2 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.