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Rs 14:98.4 Operating While Intoxicated, Fourth Offense; Penalties

§98.4. Operating while intoxicated; fourth offense; penalties

A.(1) Except as modified by Subparagraphs (a) and (b) of this Paragraph, or as

provided by Subsections B and C of this Section, on a conviction of a fourth or subsequent

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

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

with or without hard labor, for not less than ten years nor more than thirty years. Two years

of the sentence of imprisonment shall be imposed 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.

(a) Except as prohibited by Subparagraph (b) of this Paragraph, the two-year period,

which shall otherwise be imposed without 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.

(b) 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 third or subsequent

offense conviction under R.S. 14:98, three years of the sentence imposed in this Paragraph

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

Notwithstanding any other law to the contrary, the offender shall not be eligible to have the

mandatory portion of his sentence suspended because of his participation in a drug division

program under Item (2)(b)(ii) of this Subsection.

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

sentence of imprisonment. If any 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 a period of five years, 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 three hundred twenty 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 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) Except as provided in Subparagraph (1)(b) of this Subsection, 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 the remainder of the term of supervised probation. 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 fourth or subsequent offense, 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 for in R.S. 13:5301 et seq.

(ii) Any offender convicted of a fourth or subsequent offense 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 been required to participate in substance abuse

treatment or home incarceration pursuant to a sentence imposed on a conviction of a third

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

notwithstanding any other provision of law to the contrary and regardless of whether the

fourth offense occurred before or after an earlier conviction, the offender shall be fined five

thousand dollars and imprisoned at hard labor for not less than ten nor more than thirty years,

at least three years of which shall be imposed without benefit of parole, probation, or

suspension of sentence. Notwithstanding any provision of law to the contrary, the offender

shall not be eligible to have the mandatory portion of his sentence suspended because of his

participation in a drug division program under Item (A)(2)(b)(ii) of this Section, and except

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

on home incarceration.

(2) After serving the mandatory sentence, 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 a period of five years,

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 shall comply with both

the conditions of his release as set by the parole board in accordance with R.S. 15:571.5 and

with the conditions of probation set by the sentencing court.

(3) 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)(2) of this Section, but the offender shall not be sentenced to substance abuse

treatment provided for by Items (A)(2)(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. If the offender has previously received the benefit of parole, probation, or

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

14:98, then on a subsequent conviction of a fourth or subsequent offense, 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 five thousand dollars and

imprisoned at hard labor for not less than ten nor more than thirty years. No part of the

sentence shall be imposed with benefit of parole, probation, or suspension of sentence, and

no portion of the sentence shall be imposed concurrently with the remaining balance of any

sentence to be served for a prior conviction for any offense.

D. 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 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
sentence
offense
treatment
conviction
probation
substance
abuse
condition
remain