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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14:98.5 A.Special provisions and definitions - responsibility of payment for costs of substance abuse probram, home incarceratin or driver improvement program
An offender ordered to participate in a substance abuse program, home incarceration, or a driver improvement program in accordance with the penalty provisions of R.S. 14:98, 98.1, 98.2, 98.3, and 98.4 shall pay the cost incurred in participating in the program. Failure to make such payment shall subject the offender to revocation of probation, unless the court determines that the offender is unable to pay. On a conviction of a third or subsequent offense violation of R.S. 14:98, if the court determines that the offender is unable to pay, the state shall pay for the cost of the substance abuse treatment.
Effective: 01/01/2015 - Present
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14:98.5 B.(1)Special provisions and definitions - conditions for home incarceration for felony violations of 14:98
For felony violations of R.S. 14:98, the mandatory minimum sentence imposed by the court shall not be served on home incarceration unless either the Department of Public Safety and Corrections, through the division of probation and parole, recommends home incarceration of the defendant and specific conditions of that home incarceration or the district attorney recommends home incarceration.
Effective: 01/01/2015 - Present
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14:98.5 B.(2)Special provisions and definitions - home incarceration allowed after offender served mandatory minimum sentence
Except as provided by Paragraph (4) of this Subsection and unless otherwise authorized or prohibited, on a misdemeanor violation of R.S. 14:98 or on a felony violation of R.S. 14:98 after the offender has served the mandatory minimum sentence, the court may sentence the offender to home incarceration.
Effective: 01/01/2015 - Present
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14:98.5 B.(3)Special provisions and definitions - conditions for home incarceration
When the court sentences an offender to home incarceration, the offender shall be subject to special conditions to be determined by the court, which shall include but not be limited to the following, electronic monitoring, curfew restrictions, the court shall require the offender to obtain employment, the court shall require the offender to participate in a court-approved driver improvement program, if not already a condition of probation, limitation on activities outside the home, all other applicable provisions of C.Cr.P. Article 894.2
Effective: 01/01/2015 - Present
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14:98.5 B.(4)Special provisions and definitions - minimum 48 consecutive hours employment required before home incarceration on second offense violation of14:98
An offender who has been convicted of any second violation of any state or local law or ordinance prohibiting operating a vehicle while intoxicated, committed within five years of the commission of any prior operating while intoxicated violation, shall not be eligible for home incarceration until the offender has first served a minimum of forty-eight consecutive hours of imprisonment.
Effective: 01/01/2015 - Present
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14:98.5 B.(5)Special provisions and definitions - home visit required once a month for the first six months for probation for third or subsquent offense, or second offense under 14:98.2(D)
When the offender is on probation for a third or subsequent offense, or on a second offense under R.S. 14:98.2(D), a home visitation shall be conducted at least once per month by the Department of Public Safety and Corrections for the first six months. After the first six months, the level of supervision shall be determined by the department based upon a risk assessment instrument.
Effective: 01/01/2015 - Present
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14:98.5 C.Special provisions and definitions - ignition interlock device as a condition of probation.
No offender who is ordered to install an ignition interlock device as a condition of probation shall fail to comply with all applicable provisions of R.S. 15:306 and 307 and R.S. 32:378.2 and 414(D)(1)(b), violate the conditions of his restricted driver's license as set by the Department of Public Safety and Corrections, operate, rent, lease, or borrow a motor vehicle unless that vehicle is equipped with a functioning ignition interlock device or request or solicit any other person to blow into an ignition interlock device or to start a motor vehicle equipped with the device for the purpose of providing the offender with an operable motor vehicle.
Effective: 01/01/2015 - Present
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14:98.5 D.Special provisions and definitions - community service activities
'Community service activities' as used in this Section and R.S. 14:98.1, 98.2, 98.3, and 98.4, in addition to participation in a litter abatement or collection program, may include duty in any morgue, coroner's office, or emergency treatment room of a state-operated hospital or other state-operated emergency treatment facility, with the consent of the administrator of the morgue, coroner's office, hospital, or facility.An offender who participates in a litter abatement or collection program pursuant to this Subsection shall have no cause of action for damages against the entity conducting the program or supervising the offender's participation therein.
Effective: 01/01/2015 - Present
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14:98.5.1 A.Assessment for alcohol or drug dependence - on a second or subsequent conviction, the court may order an assessment by a physician as to whether the offender has a drug or alcohol dependence
A. Notwithstanding any other provision of law to the contrary provided by R.S. 14:98, 98.1, 98.2, 98.3, and 98.4, on a second or subsequent conviction for a violation of R.S. 14:98, the court may order the offender, at the sole expense of the offender, to undergo an assessment that uses a standardized evidence-based instrument performed by a physician to determine whether the offender has a diagnosis for alcohol or drug dependence and would likely benefit from a court-approved medication-assisted treatment indicated and approved for the treatment of alcohol or drug dependence by the United States Food and Drug Administration, as specified in the most recent Diagnostic and Statistical Manual of Mental Disorders published by the American Psyc
Effective: 01/01/2015 - Present
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14:98.5.1 B.Assessment for alcohol or drug dependence - court may refer the offender to rehab program dependent on results of the assessment
Upon considering the results of the assessment, the court may refer the offender to a rehabilitative program that offers one or more forms of court-approved medications that are approved for the treatment of alcohol or drug dependence by the United States Food and Drug Administration.
Effective: 08/01/2020 - Present
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14:98.5.1 C.Assessment for alcohol or drug dependence - section shall not apply when offender is unable to pay costs of program
This Section shall not apply when an offender shows that he is unable to pay the costs of the assessment and rehabilitative program, either personally or through a third party insurer.
Effective: 08/01/2020 - Present
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14:98.6 A.Underage operating while intoxicated - charging and definition
The crime of underage operating a vehicle while intoxicated is the operating of any motor vehicle, aircraft, watercraft, vessel, or other means of conveyance when the operator's blood alcohol concentration is 0.02 percent or more by weight based on grams of alcohol per one hundred cubic centimeters of blood, if the operator is under the age of twenty-one.
Effective: 01/01/2015 - Present
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14:98.6 B.Underage operating while intoxicated - any person whose blood alcohol concentration is in violation of 14:98(A)(1)(b) shall be charged under that Subparagraph
Any underage person whose blood alcohol concentration is found to be in violation of R.S. 14:98(A)(1)(b) shall be charged under the provisions of that Subparagraph rather than under this Section.
Effective: 01/01/2015 - Present
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14:98.6 C.(1)Underage operating while intoxicated - first offense penalty
On a first conviction, the offender shall be fined not less than one hundred dollars nor more than two hundred fifty dollars, and imprisoned for not less than ten days nor more than three months. Imposition or execution of sentence shall not be suspended unless the offender is placed on probation with the minimum conditions that he perform 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 and participate in a court-approved substance abuse and driver improvement program.
Effective: 01/01/2015 - Present
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