Provides for substance use disorder screening of all misdemeanor DUI offenders. (8/1/26) (EG NO IMPACT See Note)

Senate Bill 118 amends Louisiana Revised Statutes sections 14:98.1 and 14:98.2 to modify the probation conditions required for persons convicted of first and second offenses of operating a vehicle while impaired. The legislation changes the terminology from "substance abuse disorder" to "substance use disorder" throughout the relevant statutes and mandates that all court-approved substance abuse programs for such offenders shall include a screening tool to determine if the offender is at risk for a substance use disorder. The screening tool must be evidence-based and validated specifically for the impaired driving population. If the screening indicates risk for substance use disorder, the court may order a licensed clinician to perform a diagnostic assessment. The bill requires that screening findings remain confidential but be reported directly to the court, prosecuting attorney, and defense counsel. The legislation preserves the court's authority to modify substance abuse program requirements based on individual assessment results and designates these provisions as the Judge Jules Edwards Drunk Driving Protection Act.

The practical effect of this legislation is to establish a standardized screening mechanism for all first and second offense DUI offenders placed on probation. Courts will be required to incorporate evidence-based screening into probation conditions that previously only required participation in a substance abuse program without specific screening requirements. Offenders convicted of these offenses will undergo screening to assess substance use disorder risk, which may lead to subsequent clinical assessment and individualized treatment recommendations. Law enforcement agencies, courts, prosecuting attorneys, and defense counsel will all receive screening results, enabling more targeted intervention and treatment planning. Substance abuse treatment providers will need to implement approved screening tools that meet the evidence-based and impaired driving-specific validation standards established by the statute.

This legislation operates within Louisiana's sentencing framework for impaired driving offenses established in R.S. 14:98 and modifies the mandatory probation conditions imposed under sections 98.1(A)(1) and 98.2(A)(1). The provisions apply to offenders with blood alcohol content between .08 and .15 percent who receive probation rather than incarceration, representing the middle-tier penalty category under present law. The bill's emphasis on screening that is validated specifically for the impaired driving population reflects evolving evidence-based practices in criminal justice regarding the relationship between impaired driving and underlying substance use disorders. The confidentiality protections afforded to screening results create a limited exception to typical court proceeding transparency while ensuring relevant stakeholders receive necessary diagnostic information for case management and sentencing purposes.