14:98 EOperating a vehicle while intoxicated -3rd or subsequent offense of operating while intoxicated is evidence of existence of a substance abuse disorder
conviction of a third or subsequent offense of operating while intoxicated is presumptive evidence of the existence of a substance abuse disorder that poses a serious threat to the health and safety of the public
Effective: 01/01/2015 - Present
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14:98 FOperating a vehicle while intoxicated - 3rd or subsequent conviction of operating while intoxicated, vehicle may be seized and impounded, and sold defined
On a third or subsequent conviction of operating while intoxicated pursuant to this Section, in addition to any other sentence, 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 be sold at auction in the same manner and under the same conditions as executions of writs of seizure and sale as provided in Book V, Title II, Chapter 4 of the Code of Civil Procedure.
Effective: 01/01/2015 - Present
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14:98 GOperating a vehicle while intoxicated - violation of probation & probation revocation - defined
If an offender placed on probation for a conviction of a violation of this Section fails to complete the required substance abuse treatment, or fails to participate in a driver improvement program, 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.
If the offender is found to be in violation of both the terms of his release for good behavior by the Department of Public Safety and Corrections, committee on parole, and in violation of his probation by the court, then the remaining balance of his diminution of sentence shall be serve
Effective: 01/01/2014 - Present
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14:98.1 A(1)Operating while intoxicated; first offense; charging & penalty for drug, alcoholic beverage or BAC >=.008 but < .15
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
Effective: 01/01/2015 - Present
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14:98.1 A(2)Operating while intoxicated; first offense; penalty for drug, alcoholic beverage or BAC >=.15 but < .20
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. 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 sentenc
Effective: 01/01/2015 - Present
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14:98.1 A(3)Operating while intoxicated; first offense; penalty for drug, alcoholic beverage or BAC >=.20
on a conviction of a first offense violation of R.S. 14:98 with BAC >= .20 , 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 with license suspended for 2 years and ignition interlock device during probation
Effective: 01/01/2015 - Present
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14:98.1 BOperating while intoxicated; first offense; penalty for drug, alcoholic beverage or BAC >=.008, home incarceration
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).
Effective: 01/01/2015 - Present
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14:98.1 COperating while intoxicated; first offense; penalty for drug, alcoholic beverage or BAC >=.008, restricted drivers license
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.
Effective: 01/01/2015 - Present
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14:98.2 A.(1)Operating while intoxicated; second offense; penalties
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.
Effective: 01/01/2015 - Present
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14:98.2 A.(2)Operating while intoxicated; second offense; penalties - penalty modifier when BAC is >.15 and less than .20
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.
Effective: 01/01/2015 - Present
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14:98.2 A.(3)Operating while intoxicated; second offense; penalties - penalty modifier when BAC is >.20
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. Additonally, the driver's license of the offender shall be suspended for four years. he 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.
Effective: 01/01/2015 - Present
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14:98.2 A.(4)Operating while intoxicated; second offense; penalties - penalty modifier when second offense occurs within one year of the commission of the first offense
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.
Effective: 01/01/2015 - Present
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14:98.2 B.Operating while intoxicated; second offense; penalties - court not prohibited from sentencing offender to serve any portion under home arrest
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).
Effective: 01/01/2015 - Present
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14:98.2 C.Operating while intoxicated; second offense; penalties - offender may apply for restricted driver's license during period of suspension with proof of ignition interlock device
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.
Effective: 01/01/2015 - Present
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14:98.2 D.Operating while intoxicated; second offense; penalties - penalty for second offense violation of 14:98
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. 14:9
Effective: 01/01/2015 - Present
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14:98.2 D.(1)Operating while intoxicated; second offense; penalties - conditions for suspension of sentence
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: perform two hundred forty hours of court-approved community service activities, at least 1/2 of which shall consist of participation in a litter abatement or collection programl participate in a court-approved substance abuse program, and participate in a court-approved driver improvement program.
Effective: 01/01/2015 - Present
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14:98.2 D.(2)Operating while intoxicated; second offense; penalties - offender placed on probation shall be placed in home incarceration program for minimum of six months
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.
Effective: 01/01/2015 - Present
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14:98.2 D.(3)Operating while intoxicated; second offense; penalties - court shall order offender not operate motor vehicle during probation without ignition interlock device
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.
Effective: 01/01/2015 - Present
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14:98.3 AOperating while intoxicated; third offense - charging and penalty
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.
Effective: 01/01/2015 - Present
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14:98.3 BOperating while intoxicated; third offense - penalty for third or subsequent offense when previously received provation, parole, suspension or drug division program
If the offender has previously received the benefit of parole, probation or suspension of sentence or previously participated in drug division program or required to participate in substance abuse treatment, the penalty for a third or subsequent offense shall be two thousand dollars and imprisonment, with or withour hard labor or 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.
Effective: 01/01/2015 - Present
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14:98.3 C.Operating while intoxicated; third offense - court may order that vehicle being operated at the time of offense seized, impounded and sold at auction
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).
Effective: 01/01/2015 - Present
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14:98.4 A.Operating while intoxicated; fourth offense; penalties - penalty, probation, suspension and parole conditions
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.
Effective: 01/01/2015 - Present
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14:98.4 B.Operating while intoxicated; fourth offense; penalties -penalty for fourth offense when previously participating in substance abuse treatment or home incarceration on third offense
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, 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 to have the mandatory portion of his sentence suspended because of his pariticpation in drug division program.
Effective: 01/01/2015 - Present
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14:98.4 C.Operating while intoxicated; fourth offense; penalties -penalty for fourth offense when previously received the benefit of parole, probation or suspension of sentence
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.
Effective: 01/01/2015 - Present
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14:98.4 D.Operating while intoxicated; fourth offense; penalties - in addition to other penalties, vehicle being operated shall be seized, impounded and sold at auction
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).
Effective: 01/01/2015 - Present
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