Welcome


Law should be interactive.

Rabbit Crowd Library is an experiment in enabling people to interact with the law directly without bias.

Give law accountability. Use - , and to comment and respond to text you agree and disagree with.

0
0
0
Rs 14:98.1 Operating While Intoxicated; First Offense; Penalties

§98.1. Operating while intoxicated; first offense; penalties

A.(1) Except as modified by the provisions of Paragraphs (2) and (3) of this

Subsection, on a conviction of a first offense violation of R.S. 14:98, the offender shall be

fined not less than three hundred dollars nor more than one thousand dollars, and shall be

imprisoned for not less than ten days nor more than six months. Imposition or execution of

sentence under this Paragraph shall not be suspended unless the offender is placed on

probation with the minimum conditions that he complete all of the following:

(a) Serve forty-eight hours in jail, which shall not be suspended, or in lieu thereof,

perform no less than thirty-two hours of court-approved community service activities, at least

half of which shall consist of participation in a litter abatement or collection program.

(b) Participate in a court-approved substance abuse program, which may include an

assessment by a licensed clinician to determine if the offender has a diagnosis of substance

abuse disorder. Nothing herein shall prohibit the court from modifying the portions of the

program as may be applicable and appropriate to an individual offender as shown by the

assessment.

(c) Participate in a court-approved driver improvement program.

(d) Except as provided by Subparagraph (3)(c) of this Subsection, the court may

order that the offender not operate a motor vehicle during the period of probation, or such

shorter time as set by the court, unless any vehicle, while being operated by the offender, is

equipped with a functioning ignition interlock device in compliance with the requirements

of R.S. 14:98.5(C) and R.S. 32:378.2.

(2) If the offender had a blood alcohol concentration of 0.15 percent or more but less

than 0.20 percent by weight based on grams of alcohol per one hundred cubic centimeters

of blood, at least forty-eight hours of the sentence imposed pursuant to Paragraph (1) of this

Subsection shall be served without the benefit of parole, probation, or suspension of

sentence, and is to be served in addition to any sentence of imprisonment imposed pursuant

to Subparagraph (1)(a) of this Subsection, provided that the total period of imprisonment

upon conviction of the offense, including imprisonment for default in payment of a fine or

costs, shall not exceed six months.

(3)(a) If the offender had a blood alcohol concentration of 0.20 percent or more by

weight based on grams of alcohol per one hundred cubic centimeters of blood, the offender

shall be fined not less than seven hundred fifty dollars nor more than one thousand dollars

and at least forty-eight hours of the sentence imposed pursuant to Paragraph (1) of this

Subsection shall be served without the benefit of parole, probation, or suspension of

sentence, and is to be served in addition to any sentence of imprisonment imposed pursuant

to Subparagraph (1)(a) of this Subsection, provided that the total period of imprisonment

upon conviction of the offense, including imprisonment for default in payment of a fine or

costs, shall not exceed six months.

(b) In addition to any penalties imposed under this Section, upon conviction of a first

offense, if the offender had a blood alcohol concentration of 0.20 percent or more by weight

based on grams of alcohol per one hundred cubic centimeters of blood, the driver's license

of the offender shall be suspended for two years.

(c) The court shall require that the offender not operate a motor vehicle during the

period of probation unless any vehicle, while being operated by the offender, is equipped

with a functioning ignition interlock device in compliance with the requirements of R.S.

14:98.5(C) and R.S. 32:378.2. The ignition interlock device shall remain installed and

operative on his vehicle during the first twelve-month period of suspension of his driver's

license following the date of conviction.

B. Nothing in this Section shall prohibit a court from sentencing an offender to serve

any portion of the sentence under home incarceration pursuant to R.S. 14:98.5, either in lieu

of, or in addition to, a term of imprisonment if otherwise allowed under the provisions of

Code of Criminal Procedure Article 894.2 and R.S. 14:98.5(B).

C. An offender may apply for a restricted driver's license to be in effect during the

entire period of suspension upon proof to the Department of Public Safety and Corrections

that his motor vehicle has been equipped with a functioning ignition interlock device in

compliance with the requirements of R.S. 32:378.2.

Acts 1997, No. 1296, §2, eff. July 15, 1997; Acts 2014, No. 385, §1, eff. Jan. 1, 2015.

Share this law:
Facebook Twitter LinkedIn Pinterest Reddit
Local Government
Louisiana
2
1
0
John Bel Edwards
John Bel Edwards
January 11, 2016 -
Democratic
1-225-342-4404
900 North 3rd Street, Baton Rouge, LA, 70802

Keywords
offender
period
vehicle
ignition
device
interlock
sentence
license
motor
equipped