14:97 B.Simple obstruction of a highway of commerce - penalty
Whoever commits the crime of simple obstruction of a highway of commerce shall be fined not more than two hundred dollars, or imprisoned for not more than six months, or both.
Effective: 08/01/2014 - Present
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14:97.1 A.Solicitation on an interstate highway - charging and definition
Solicitation on an interstate highway is the intentional act of soliciting, begging, panhandling or otherwise requesting anything of value on any interstate highway, or on any entrance or exit ramp of an interstate highway.
Effective: 08/15/1997 - Present
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14:97.1 B.Solicitation on an interstate highway - penalty
Whoever commits the crime of solicitation on an interstate highway shall be fined not more than two hundred dollars, or imprisoned for not more than six months, or both.
Effective: 08/15/1997 - Present
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14:98Operating a vehicle while intoxicated
A.(1) The crime of operating a vehicle while intoxicated is the operating of any motor vehicle, aircraft, watercraft, vessel, or other means of conveyance when any of the following conditions exist:
(a) The operator is under the influence of alcoholic beverages.
(b) The operator's blood alcohol concentration is 0.08 percent or more by weight based on grams of alcohol per one hundred cubic centimeters of blood.
(c) The operator is under the influence of any controlled dangerous substance listed in Schedule I, II, III, IV, or V as set forth in R.S. 40:964.
(d)(i) The operator is under the influence of a combination of alcohol and one or more drugs that are not controlled dangerous substances
Effective: 08/01/2018 - Present
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14:98 AOperating a vehicle while intoxicated - Defined
The crime of operating a vehicle while intoxicated is the operating of any motor vehicle, aircraft, watercraft, vessel, or other means of conveyance when: operator is under the influence of alcoholic beverages; operator's blood alcohol concentration is 0.08 percent or more by weight based on grams of alcohol per one hundred cubic centimeters of blood; operator is under the influence of any controlled dangerous substance listed in Schedule I, II, III, IV, or V; operator is under the influence of a combination of alcohol and one or more drugs that are not controlled dangerous substances; operator is under the influence of one or more drugs that are not controlled dangerous substances & that are legally obtainable with/without a prescription.
Effective: 01/01/2015 - Present
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14:98 A.(1)Operating a vehicle while intoxicated - Defined
The crime of operating a vehicle while intoxicated is the operating of any motor vehicle, aircraft, watercraft, vessel, or other means of conveyance when any of the following conditions exist:
Effective: 01/01/2015 - Present
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14:98 A.(1)(a)Operating a vehicle while intoxicated - under the influence of alcoholic beverages. Defined
The operator is under the influence of alcoholic beverages.
Effective: 01/01/2015 - Present
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14:98 A.(1)(b)Operating a vehicle while intoxicated - under the influence of alcoholic beverages with a BAC >= .08. Defined
The operator is under the influence of alcoholic beverages with blood alcohol concentration is 0.08 percent or more by weight based on grams of alcohol per one hundred cubic centimeters of blood.
Effective: 08/01/2015 - Present
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14:98 A.(1)(c)Operating a vehicle while intoxicated - under the influence of controlled dangerous substance listed in Scheduled drug Defined
The operator is under the influence is under the influence of any controlled dangerous substance listed in Schedule I, II, III, IV, or V as set forth in R.S. 40:964.
Effective: 01/01/2015 - Present
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14:98 A.(1)(d)Operating a vehicle while intoxicated - under the influence of alcoholic beverages non scheduled drug(s). Defined
The operator is under the influence of a combination of alcohol and one or more drugs that are not controlled dangerous substances and that are legally obtainable with or without a prescription.
Effective: 01/01/2015 - Present
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14:98 A.(1)(e)Operating a vehicle while intoxicated - under the influence of alcoholic beverages. Defined
The operator is under the influence of one or more drugs that are not controlled dangerous substances and that are legally obtainable with or without a prescription.
Effective: 01/01/2015 - Present
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14:98 A.(2)Operating a vehicle while intoxicated - a valid driver's license not required - defined
A valid driver's license shall not be an element of the offense, and the lack thereof shall not be a defense to a prosecution for operating a vehicle while intoxicated.
Effective: 01/01/2015 - Present
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14:98 BOperating a vehicle while intoxicated - 'Child Endangerment Law, defined
When the state proves, in addition to the elements of the crime as set forth in Subsection A of this Section, that a minor child twelve years of age or younger was a passenger in the motor vehicle, aircraft, watercraft, vessel, or other means of motorized conveyance at the time of the commission of the offense:
Effective: 01/01/2015 - Present
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14:98 COperating a vehicle while intoxicated - Prior Conviction - Defined
A conviction under any of the following shall constitute a prior conviction: (a) R.S. 14:32.1, vehicular homicide, (b) R.S. 14:32.8, third degree feticide, (c) R.S. 14:39.1, vehicular negligent injuring, (d) R.S. 14:39.2, first degree vehicular negligent injuring. e) A law of any state or an ordinance of a municipality, town, or similar political subdivision of another state that prohibits the operation of any motor vehicle, aircraft, watercraft, vessel, or other means of conveyance while intoxicated, while impaired, or while under the influence of alcohol, drugs, or any controlled dangerous substance, or as otherwise provided by 13:1894.1.
Effective: 08/01/2018 - Present
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14:98 D.(1)Operating a vehicle while intoxicated - 1st Offense Sentencing Defined
On a conviction of a first offense violation of the provisions of this Section, notwithstanding any other provision of law to the contrary, the offender shall be sentenced under the provisions of R.S. 14:98.1.
Effective: 01/01/2015 - Present
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14:98 D.(2)(a)Operating a vehicle while intoxicated - 2nd Offense Sentencing Defined
on a conviction of a second offense violation of the provisions of this Section, notwithstanding any other provision of law to the contrary and regardless of whether the second offense occurred before or after the first conviction, the offender shall be sentenced under the provisions of R.S. 14:98.2.
Effective: 01/01/2015 - Present
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14:98 D.(2)(b)Operating a vehicle while intoxicated - 2nd Offense Sentencing with a 1st offense of 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; Defined
If the conviction of a second offense violation of the provisions of this Section 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 sentenced under the provisions of R.S. 14:98.2(D)
Effective: 01/01/2015 - Present
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14:98 D.(3)Operating a vehicle while intoxicated - 3rd Offense Sentencing Defined
On a conviction of a third offense violation of the provisions of this Section, 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 sentenced under the provisions of R.S. 14:98.3.
Effective: 01/01/2015 - Present
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14:98 D.(4)Operating a vehicle while intoxicated - 4th Offense or Subsequent Sentencing Defined
On a conviction of a fourth or subsequent offense violation of the provisions of this Section, notwithstanding any other provision of law to the contrary and regardless of whether the fourth or subsequent offense occurred before or after an earlier conviction, the offender shall be sentenced under the provisions of R.S. 14:98.4.
Effective: 01/01/2015 - Present
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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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14:98.1Operating while impaired; first offense; penalties
Operating while impaired; first offense; penalties
Effective: 01/01/2015 - 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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