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Rs 14:98.3 Operating While Intoxicated; Third Offense; Penalties

§98.3. Operating while intoxicated; third offense; penalties

A.(1) Except as provided in Subsection B of this Section, on a conviction of a third

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

after a previous conviction, the offender shall be fined two thousand dollars and shall be

imprisoned, with or without hard labor, for not less than one year nor more than five years.

Except as provided in Paragraph (2) of this Subsection, at least one year of the sentence

imposed shall be served 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.

(2) The one-year period described in Paragraph (1) of this Subsection, which shall

otherwise be imposed without the benefit of parole, probation, or suspension of sentence,

may be suspended if the offender is accepted into a drug division probation program pursuant

to R.S. 13:5301 et seq. The provisions of R.S. 14:98(F) relative to vehicle seizure and sale

shall also be applicable to any offender whose sentence is served with the benefit of parole,

probation, or suspension of sentence pursuant to the provisions of this Paragraph.

(3)(a) The court, in its discretion, may suspend all or any part of the remainder of the

sentence of imprisonment imposed pursuant to Paragraph (1) of this Subsection. If any of

the remainder of the sentence is suspended, the offender shall be placed on supervised

probation with the Department of Public Safety and Corrections, division of probation and

parole, for not more than a period of five years but not less than a period of time equal to the

remainder of the sentence of imprisonment, which probation shall commence on the day after

the offender's release from imprisonment after serving the mandatory sentence required by

this Section, unless the offender was released by diminution of sentence for good behavior

pursuant to R.S. 15:571.3, in which case the probation shall commence simultaneously with

the period of supervision provided by R.S. 15:571.5 and shall run concurrently therewith.

The offender must comply with both the conditions of his release as set by the committee on

parole in accordance with R.S. 15:571.5 and with the conditions of probation set by the

sentencing court.

(b) Any offender placed on probation pursuant to this Paragraph shall be required as

a condition of probation to participate in two hundred forty hours of court-approved

community service activities, obtain employment, participate in a court-approved driver

improvement program at his expense, and submit to and complete either of the following

requirements:

(i) Immediately undergo an evaluation by the Louisiana Department of Health, office

of behavioral health, to determine the nature and extent of the offender's substance abuse

disorder and to participate in any treatment plan recommended by the office of behavioral

health, including treatment in an inpatient facility approved by the office for a period of not

less than four weeks, followed by outpatient treatment services for a period not to exceed

twelve months.

(ii) Participate in substance abuse treatment in an alcohol and drug abuse program

provided by a drug division subject to the applicable provisions of R.S. 13:5301 et seq. if the

offender is otherwise eligible to participate in such program.

(c) In addition to the requirements set forth in Subparagraphs (a) and (b) of this

Paragraph, 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. The terms of home incarceration shall be in compliance with the

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

(d)(i) Notwithstanding any law to the contrary and the provisions of R.S.

32:414(D)(1)(b), upon conviction of a third offense violation of R.S. 14:98, any motor

vehicle, while being operated by the offender, shall be equipped with a functioning ignition

interlock device in accordance with the provisions of R.S. 15:306. The ignition interlock

device shall remain installed and operative until the offender has completed the requirements

of substance abuse treatment and home incarceration, or, if applicable, the requirements of

the drug division probation program provided in R.S. 13:5301 et seq.

(ii) Notwithstanding any provision of law to the contrary, any offender convicted of

a third offense violation of R.S. 14:98 shall, after one year of the suspension required by R.S.

32:414(D)(1)(a), upon proof to the Department of Public Safety and Corrections that the

motor vehicles being operated by the offender are equipped with functioning ignition

interlock devices, be issued a restricted driver's license. The restricted license shall be

effective for the period of time that the offender's driver's license is suspended. The

restricted license shall entitle the offender to operate the vehicles equipped with a functioning

ignition interlock device in order to earn a livelihood and to travel to and from the places

designated in R.S. 14:98.5(B)(3)(e).

(e) If an offender placed on probation pursuant to the provisions of this Paragraph

fails to complete the substance abuse treatment required by this Subsection or violates any

other condition of probation, including conditions of home incarceration, his probation may

be revoked, and he may be ordered to serve the balance of the sentence of imprisonment,

without credit for time served under home incarceration.

B.(1) If the offender has previously received the benefit of parole, probation, or

suspension of sentence on a conviction of a third or subsequent offense violation of R.S.

14:98, or if the offender has previously participated in a drug division probation program

pursuant to R.S. 13:5301 et seq., pursuant to a sentence imposed on a conviction of a third

or subsequent offense violation of R.S. 14:98, or if the offender has previously been required

to participate in substance abuse treatment or home incarceration pursuant to a sentence

imposed on a conviction of a third or subsequent offense violation of R.S. 14:98, then on a

conviction of a subsequent third offense violation of R.S. 14:98, notwithstanding any other

provision of law to the contrary and regardless of whether the offense occurred before or

after an earlier conviction, the offender shall be fined two thousand dollars and imprisoned,

with or without hard labor, for not less than two nor more than five years. At least two years

of the sentence imposed shall be served 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.

(2) Except where inconsistent with the provisions of this Subsection, the conditions

of probation shall include but not be limited to the conditions of probation provided by

Paragraph (A)(3) of this Section, except that the offender shall not be sentenced to substance

abuse treatment provided for by Items (A)(3)(b)(i) and (ii) of this Section. Nothing in this

Section shall prohibit the court from ordering substance abuse treatment if it determines that

the offender is able to pay for the substance abuse treatment.

C. In addition to any other penalty, the court shall order, upon motion of the

prosecuting district attorney, that the vehicle being operated by the offender at the time of

the offense be seized and impounded, and sold at auction in accordance with the provisions

of R.S. 14:98(F).

Acts 2009, No. 236, §1, eff. July 1, 2009; Acts 2014, No. 385, §1, eff. Jan. 1, 2015.

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Local Government
Louisiana
3
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
sentence
treatment
substance
abuse
probation
remain
offense
home
incarceration