Vehicular Negligent Injuring Defense in Louisiana

Written by Jarrett Ambeau, trial attorney, court-qualified forensic DNA expert, and lead counsel at The Ambeau Law Firm.

What is vehicular negligent injuring in Louisiana? Under La. R.S. 14:39.1, it is causing injury to another person while operating a vehicle when impaired by alcohol or drugs, or with a blood alcohol concentration of 0.08 percent or more. It is a misdemeanor, but the mandatory jail time increases sharply at higher blood alcohol levels.

This charge sits between an ordinary DWI and vehicular homicide. Someone was hurt, but not killed, and the state says impairment behind the wheel was the cause. Because these cases rest heavily on chemical testing and on proving causation, they are far more defensible than many people assume. The details of the stop, the testing, and the injury all matter.

I am Jarrett Ambeau. I have tried more than sixty felony jury trials to verdict, and I am a court-qualified forensic DNA expert with deep experience challenging the science behind chemical testing. That is exactly what these cases turn on.

Quick answers

• What it is: injuring another person while driving impaired or with a BAC of 0.08 percent or more (La. R.S. 14:39.1).
• The penalty: a misdemeanor with up to $1,000 and six months, and mandatory minimums of 7 or 30 days at higher BAC.
• The key issue: whether the state can prove impairment, causation, and reliable chemical testing.
• What to do first: say nothing beyond identifying yourself and call a lawyer before discussing the incident.

What counts as vehicular negligent injuring in Louisiana?

The charge has two core parts: an injury to another person, and a driver who was impaired or intoxicated when it happened. Impairment can be shown by alcohol, by a blood alcohol concentration of 0.08 percent or more, or by drugs that affect the ability to drive safely. The state must connect that impairment to the injury as a proximate or direct cause. A mere accident, without proof of impairment and causation, does not meet the statute.

Elements the State must prove

To convict, the state must prove beyond a reasonable doubt:

• Operation of a vehicle. That the defendant was operating or in actual physical control of a vehicle.
• Impairment or a qualifying BAC. That the driver was impaired by alcohol or drugs, or at 0.08 percent or more.
• Injury. That another person was injured.
• Causation. That the impaired operation proximately or directly caused the injury.

What happens after a vehicular negligent injuring arrest in Louisiana?

Say a man named Joe is arrested after a collision. He may be released on a summons or bond after his initial appearance. Because this is a misdemeanor, the case proceeds through arraignment, motions, and possibly trial, though there is also a separate license consequence to address quickly. The motions phase is where we challenge the stop, the chemical testing, and whether the state can actually prove impairment caused the injury.

What are the defenses to vehicular negligent injuring?

The defenses that come up most often include:

• Challenging the chemical testing. Attacking calibration, sample handling, and reliability of the BAC result.
• No impairment. That the driver was not actually impaired at the time of the collision.
• Causation. That another factor, not impairment, caused the injury.
• Unlawful stop or arrest. Suppressing evidence obtained through an improper stop.
• Insufficient injury proof. That the state cannot connect the alleged injury to the defendant’s driving.

How we defend a vehicular negligent injuring charge

Because I am a court-qualified forensic expert, I scrutinize the chemical testing that these cases depend on. Breath and blood results are often treated as unquestionable when they are not. We also gather the evidence, talk to witnesses, and reconstruct the collision, building the timeline the state would rather ignore. You can read more on our forensic science page.

Where the facts allow, we push to reduce the charge or to have it dismissed, and we work to limit the license and insurance fallout. Early, aggressive representation makes a real difference. It is what we do here at The Ambeau Law Firm.

Frequently asked questions

What is vehicular negligent injuring in Louisiana?

Under La. R.S. 14:39.1, vehicular negligent injuring is causing injury to another person while operating a vehicle, aircraft, or watercraft when the driver is impaired by alcohol or drugs, or has a blood alcohol concentration of 0.08 percent or more. In short, it is an impaired-driving crime where someone is hurt but not killed. It is a misdemeanor, though the penalties increase with a higher blood alcohol level.

What is the penalty for vehicular negligent injuring in Louisiana?

The base offense is a misdemeanor punishable by up to a one thousand dollar fine, up to six months in jail, or both. If the driver’s blood alcohol concentration was 0.15 percent or higher, at least seven days must be served, and at 0.20 percent or higher, at least thirty days must be served without probation or suspension. There is also license and insurance fallout to consider.

How is this different from vehicular homicide in Louisiana?

The difference is the outcome. Vehicular negligent injuring under La. R.S. 14:39.1 applies when a person is injured. Vehicular homicide under La. R.S. 14:32.1 applies when a person is killed and carries far more severe penalties, including years at hard labor. Both require impairment or intoxication behind the wheel, but the injury versus death distinction drives the grade.

Can I fight the breath or blood test results?

Often, yes. These cases usually rest on chemical testing, and that testing can be challenged, from the calibration and maintenance of the machine to the way the sample was collected and handled, to whether the stop and arrest were lawful. Because the blood alcohol number can also raise the mandatory minimum, attacking the testing can matter both to guilt and to sentence.

Talk to a Louisiana vehicular negligent injuring defense lawyer

A few quick questions help us understand your situation: Has an arrest already happened? Was a breath or blood test taken? Was anyone seriously injured? If you are facing a vehicular negligent injuring charge, do not wait. Check Jarrett’s availability for your case or call 225-330-7009.

Louisiana statute reference

Vehicular negligent injuring is charged under La. R.S. 14:39.1. Statutes change, so verify the current text at the Louisiana State Legislature. It is the infliction of injury on another person caused proximately or directly by an offender operating a vehicle while impaired by alcohol or drugs, or with a blood alcohol concentration of 0.08 percent or more, punishable by up to a one thousand dollar fine and six months, with mandatory minimums of seven or thirty days at higher blood alcohol levels.

Source: La. R.S. 14:39.1, as amended through Acts 2024, No. 662.