U.S.

La. Seeks To Stop Drinking Drivers

June 12, 2004 / 4:47 PM EDT / AP

Each day, workers leaving chemical plants and oil refineries jam the combination gas stations and convenience stores at this exit of Interstate 10.

Most aren't looking for gasoline - they're headed straight to the tubs of beer, rum and vodka drinks sticking up from beds of ice.

"Everybody's too hot and thirsty to wait until they get home for a cold beer," said Chuck Johnson, 34, who stopped with a friend to stock up for the drive home. "I get two for the road. I've been doing it for years and I'm not about to stop."

Although drivers are forbidden to have open containers of alcohol, Louisiana is one of 13 states where passengers are allowed to drink. Police say that allows drinking drivers to simply hand off a drink to someone else in the car to avoid a ticket.

State legislators hope that changes in August, when a new law takes effect banning passengers, too, from drinking. But police expect the new law to be broken regularly in this land of drive-through daiquiri shops, go cups and all-night bars.

"In Louisiana we drink to celebrate births and drink to mourn deaths. We drink early and we drink late. We drink all day long for any reason. And an awful lot of people keep drinking in a car," said Ronnie Jones, a former state trooper who now teaches criminal law at Tulane.

According to figures compiled by Mothers Against Drunk Driving, 48 percent of the 938 fatal accidents in Louisiana in 2000 (454) were alcohol related. Only six states had higher percentages, and all of them except Texas had fewer total accidents.

"We're always right up there on top," said Cathy Childers, Louisiana executive director of MADD. "It's so sad to drive up to a light and see people in the next car drinking alcohol. Maybe it will be one small step toward raising children who don't grow up thinking it's all right to drink and drive."

The law allows a number of exceptions - passengers in licensed limousines or taxis are exempted. A provision exempting people in parked cars ensures the legality of tailgate parties.

Those caught in violation will be fined $100, but catching scofflaws will be difficult, said Lt. William Davis of the state police.

"It will take very careful observation by our troopers or other law enforcement personnel," Davis said. "It's likely that we'll find violations when we stop people for other infractions. It's really tough to spot someone drinking in a car."

The federal government places restrictions on highway funding for states that don't ban all open containers in cars. In the past, the proposal has been opposed by state convenience stores and alcohol lobbies. This year, they did not put up a fight.

"We think it's a waste of time," said Chris Young, a lobbyist for the Louisiana Association of Beverage Alcohol Licensees. "It's already illegal for a driver to possess or consume alcohol, which we supported. If our highway safety figures have not improved in the future, we'll go back and ask the Legislature to repeal it."

Jones, who served as chairman of the governor's DWI task force in 2000, is also doubtful that the new law will have much impact.

"I'm not certain that the open container law will reduce drinking and driving," Jones said. "It won't change a lot of attitudes and most people don't get drunk in their cars. They get that way and then get into their cars. That's what we need to stop."

The many daiquiri shops that sell the frozen drinks to motorists say they're not too worried about the new law hurting business.

"When I sell them they're in a closed container," said Matthew Young, manager of Daiquiri Chef, where drinks with names like "Cobra" and "Jungle Juice" sell from $3.50 to $12 for a giant Mardi Gras mug.

The cups are capped with a plastic lid, and considered closed until a straw is inserted.

"I keep an unused straw in my car," said customer Ami Henderson. "If I get stopped, I just whip out the used one and show them the new one. Looks like a closed container then."

Anti-drinking and driving forces fear that, like Henderson, many people will only hide their drinks, not give them up on the road. But they also hope the new law will be at least a small step toward sobering up Louisiana motorists.

"It reflects the culture that has been here for a long time," said John King, executive director of the Council On Alcohol and Drug Abuse of Greater New Orleans. "Drinking is part of life. The problem with that mindset is that they don't see a rolling car as a reason to stop the party."