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Rs 14:98.2 Operating While Intoxicated; Second Offense; Penalties

§98.2. Operating while intoxicated; second offense; penalties

A.(1) Except as modified by the provisions of Paragraphs (2), (3), and (4) of this

Subsection, or as provided by Subsection D of this Section, on a conviction of a second

offense violation of R.S. 14:98, regardless of whether the second offense occurred before or

after the first conviction, the offender shall be fined not less than seven hundred fifty dollars

nor more than one thousand dollars, and shall be imprisoned for not less than thirty days nor

more than six months. At least forty-eight hours of the sentence imposed shall be served

without benefit of parole, probation, or suspension of sentence. Imposition or execution of

the remainder of sentence shall not be suspended unless the offender is placed on probation

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

(a) Serve at least fifteen days in jail, without benefit of parole, probation, or

suspension of sentence, or in lieu thereof, perform two hundred forty hours of court-approved

community service activities, at least half of which shall consist of participation in a litter

abatement or collection program. If imprisonment is imposed under this Subparagraph, the

sentence is to be served in addition to the sentence of imprisonment imposed pursuant to

Paragraph (1) 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) 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 in this Section 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 the period of time may be increased in accordance with Subparagraph

(3)(c) of this Subsection, the court shall order 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), R.S. 15:306, and R.S. 32:378.2, which requirement shall remain in effect

for a period of not less than six months from the date of conviction. In addition, the device

shall remain installed and operative during any period that the offender's driver's license is

suspended under law and for any additional period as determined by the court.

(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 ninety-six 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.

(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 one thousand dollars and at least ninety-six 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.

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

second offense violation of R.S. 14:98, 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 four 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), R.S. 15:306, and R.S. 32:378.2. The ignition interlock device shall remain

installed and operative on his vehicle during the first three years of the four-year period of

the suspension of his driver's license.

(4) If the arrest for the second offense occurs within one year of the commission of

the first offense, at least thirty days of the sentence imposed pursuant to Paragraph (1) of this

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

In addition, 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, he shall be

fined one thousand dollars and also be subject to the provisions of Subparagraphs (3)(b) and

(c) of this Subsection.

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.

D. Notwithstanding any other provision of law to the contrary, on a conviction of a

second offense violation of R.S. 14:98, and regardless of whether the second offense

occurred before or after the first conviction, when the first offense was for the crime of

vehicular homicide in violation of R.S. 14:32.1, third degree feticide in violation of R.S.

14:32.8, or first degree vehicular negligent injuring in violation of R.S. 14:39.2, the offender

shall be fined two thousand dollars and imprisoned, with or without hard labor, for not less

than one year nor more than five years. At least six months of the sentence of imprisonment

imposed shall be without benefit of parole, probation, or suspension of sentence except in

compliance with R.S. 14:98.5(B)(1), the mandatory minimum sentence cannot be served on

home incarceration.

(1) Imposition or execution of the remainder of the sentence shall not be suspended

unless the offender is placed on probation with the minimum conditions that he complete all

of the following:

(a) Perform two hundred forty hours of court-approved community service activities,

at least one-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 in this Section 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.

(2) In accordance with the provisions of R.S. 14:98.5(B), any offender placed on

probation pursuant to the provisions of this Subsection shall be placed in a home

incarceration program approved by the division of probation and parole for a period of time

not less than six months and not more than the remainder of the sentence of imprisonment.

(3) Except as the period of time may be increased in accordance with Subparagraph

(A)(3)(b) and (c) of this Section, in addition to any penalties imposed under this Section, the

court shall order 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), R.S.

15:306, and R.S. 32:378.2, which requirement shall remain in effect for a period of not less

than six months from the date of conviction. In addition, the device shall remain installed

and operative during any period that the offender's driver's license is suspended under law

and for any additional period as determined by the court.

Acts 2003, No. 543, §1; Acts 2014, No. 385, §1, eff. Jan. 1, 2015.

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Local Government
Louisiana
3
1
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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
sentence
imprisonment
device
probation
vehicle
home
incarceration
parole