Louisiana Senate Bill SB277 Introduced / Bill

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Regular Session, 2014
SENATE BILL NO. 277
BY SENATOR PERRY 
DWI.  Provides for changes to DWI laws. (1/1/15)
AN ACT1
To amend and reenact R.S. 14:98, 98.1, 98.2, and 98.3, and to enact R.S. 14:98.4, 98.5, 98.6,2
98.7, and 98.8, relative to driving offenses; to provide relative to the crimes of operating a3
motor vehicle while intoxicated, underage operating a vehicle while intoxicated, unlawful4
refusal to submit to chemical tests, and operating a vehicle while under suspension; to5
provide definitions; to provide penalties; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 14:98, 98.1, 98.2, and 98.3 are hereby amended and reenacted and8
R.S. 14:98.4, 98.5, 98.6, 98.7, and 98.8 are hereby enacted to read as follows: 9
§98. Operating a vehicle while intoxicated10
A.(1) The crime of operating a vehicle while intoxicated is the operating of11
any motor vehicle, aircraft, watercraft, vessel, or other means of conveyance when12
any of the following conditions exist:13
(a) The operator is under the influence of alcoholic beverages; or.14
(b) The operator's blood alcohol concentration is 0.08 percent or more by15
weight based on grams of alcohol per one hundred cubic centimeters of blood; or.16
(c) The operator is under the influence of any controlled dangerous substance17 SB NO. 277
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listed in Schedule I, II, III, IV, or V as set forth in R.S. 40:964; or.1
(d)(i) The operator is under the influence of a combination of alcohol and one2
or more drugs which that are not controlled dangerous substances and which that3
are legally obtainable with or without a prescription.4
(ii) It shall be an affirmative defense to any charge under this Subparagraph5
pursuant to this Section that the label on the container of the prescription drug or the6
manufacturer's package of the drug does not contain a warning against combining7
the medication with alcohol.8
(e)(i) The operator is under the influence of one or more drugs which that are9
not controlled dangerous substances and which that are legally obtainable with or10
without a prescription.11
(ii) It shall be an affirmative defense to any charge under this Subparagraph12
pursuant to this Section that the operator did not knowingly consume quantities of13
the drug or drugs which that substantially exceed the dosage prescribed by the14
physician or the dosage recommended by the manufacturer of the drug.15
(2) A valid driver's license shall not be an element of the offense, and the lack16
thereof shall not be a defense to a prosecution for operating a vehicle while17
intoxicated.18
B.(1) On a first conviction, notwithstanding any other provision of law to the19
contrary, the offender shall be fined not less than three hundred dollars nor more than20
one thousand dollars, and shall be imprisoned for not less than ten days nor more21
than six months. Imposition or execution of sentence shall not be suspended unless:22
 (a) The offender is placed on probation with a minimum condition that he23
serve two days in jail and participate in a court-approved substance abuse program24
and participate in a court-approved driver improvement program; or25
(b) The offender is placed on probation with a minimum condition that he26
perform four eight-hour days of court-approved community service activities, at least27
half of which shall consist of participation in a litter abatement or collection28
program, participate in a court-approved substance abuse program, and participate29 SB NO. 277
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in a court-approved driver improvement program. An offender, who participates in1
a litter abatement or collection program pursuant to this Subparagraph, shall have no2
cause of action for damages against the entity conducting the program or supervising3
his participation therein, including a municipality, parish, sheriff, or other entity, nor4
against any official, employee, or agent of such entity, for any injury or loss suffered5
by him during or arising out of his participation in the program, if such injury or loss6
is a direct result of the lack of supervision or act or omission of the supervisor, unless7
the injury or loss was caused by the intentional or grossly negligent act or omission8
of the entity or its official, employee, or agent.9
(2)(a) If the offender had a blood alcohol concentration of 0.15 percent or10
more by weight based on grams of alcohol per one hundred cubic centimeters of11
blood, at least forty-eight hours of the sentence imposed pursuant to Paragraph12
(B)(1) of this Subsection shall be served without the benefit of parole, probation, or13
suspension of sentence. Imposition or execution of the remainder of the sentence14
shall not be suspended unless the offender complies with Subparagraph (B)(1)(a) or15
(b) of this Subsection.16
(b) If the offender had a blood alcohol concentration of 0.20 percent or more17
by weight based on grams of alcohol per one hundred cubic centimeters of blood, the18
offender shall be fined not less than seven hundred fifty dollars nor more than one19
thousand dollars and at least forty-eight hours of the sentence imposed pursuant to20
Paragraph (B)(1) of this Subsection shall be served without the benefit of parole,21
probation, or suspension of sentence. Imposition or execution of the remainder of the22
sentence shall not be suspended unless the offender complies with Subparagraph23
(B)(1)(a) or (b) of this Subsection.24
C.(1) On a conviction of a second offense, notwithstanding any other25
provision of law to the contrary except as provided in Paragraphs (3) and (4) of this26
Subsection, regardless of whether the second offense occurred before or after the27
first conviction, the offender shall be fined not less than seven hundred fifty dollars,28
nor more than one thousand dollars, and shall be imprisoned for not less than thirty29 SB NO. 277
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days nor more than six months. At least forty-eight hours of the sentence imposed1
shall be served without benefit of parole, probation, or suspension of sentence.2
Nothing herein shall prohibit a court from sentencing a defendant to home3
incarceration, if otherwise allowed under the provisions of Article 894.2 of the Code4
of Criminal Procedure. Imposition or execution of the remainder of the sentence5
shall not be suspended unless:6
(a) The offender is placed on probation with a minimum condition that he7
serve fifteen days in jail and participate in a court-approved substance abuse program8
and participate in a court-approved driver improvement program; or9
(b) The offender is placed on probation with a minimum condition that he10
perform thirty eight-hour days of court-approved community service activities, at11
least half of which shall consist of participation in a litter abatement or collection12
program, and participate in a court-approved substance abuse program, and13
participate in a court-approved driver improvement program. An offender, who14
participates in a litter abatement or collection program pursuant to this15
Subparagraph, shall have no cause of action for damages against the entity16
conducting the program or supervising his participation therein, including a17
municipality, parish, sheriff, or other entity, nor against any official, employee, or18
agent of such entity, for any injury or loss suffered by him during or arising out of19
his participation therein, if such injury or loss is a direct result of the lack of20
supervision or act or omission of the supervisor, unless the injury or loss was caused21
by the intentional or grossly negligent act or omission of the entity or its official,22
employee, or agent.23
(2)(a) If the offender had a blood alcohol concentration of 0.15 percent or24
more by weight based on grams of alcohol per one hundred cubic centimeters of25
blood, at least ninety-six hours of the sentence imposed pursuant to Paragraph (1) of26
this Subsection shall be served without the benefit of parole, probation, or suspension27
of sentence. Imposition or execution of the remainder of the sentence shall not be28
suspended unless the offender complies with Subparagraph (1)(a) or (b) of this29 SB NO. 277
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Subsection.1
(b) If the offender had a blood alcohol concentration of 0.20 percent or more2
by weight based on grams of alcohol per one hundred cubic centimeters of blood, the3
offender shall be fined one thousand dollars and at least ninety-six hours of the4
sentence imposed pursuant to Paragraph (1) of this Subsection shall be served5
without the benefit of parole, probation, or suspension of sentence. Imposition or6
execution of the remainder of the sentence shall not be suspended unless the offender7
complies with Subparagraph (1)(a) or (b) of this Subsection.8
(3) Notwithstanding the provisions of Paragraph (1) of this Subsection, on a9
conviction of a second offense when the first offense was for the crime of vehicular10
homicide in violation of R.S. 14:32.1, or first degree vehicular negligent injuring in11
violation of R.S. 14:39.2, the offender shall be imprisoned with or without hard labor12
for not less than one year nor more than five years, and shall be fined two thousand13
dollars. At least six months of the sentence of imprisonment imposed shall be14
without benefit of probation, parole, or suspension of sentence. Imposition or15
execution of the remainder of the sentence shall not be suspended unless the16
provisions of Subparagraph (1)(a) or (b) of this Subsection are complied with.17
(4) Notwithstanding the provisions of Paragraph (1) of this Subsection, on a18
conviction of a second offense when the arrest for the second offense occurs within19
one year of the commission of the first offense, the offender shall be imprisoned for20
thirty days without benefit of parole, probation, or suspension of sentence and shall21
participate in a court-approved substance abuse program and in a court-approved22
driver improvement program.23
D.(1)(a) On a conviction of a third offense, notwithstanding any other24
provision of law to the contrary and regardless of whether the offense occurred25
before or after an earlier conviction, the offender shall be imprisoned with or without26
hard labor for not less than one year nor more than five years and shall be fined two27
thousand dollars.  Except as provided in Paragraph (4) of this Subsection, one year28
of the sentence of imprisonment shall be imposed without benefit of probation,29 SB NO. 277
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parole, or suspension of sentence. The court, in its discretion, may suspend all or1
any part of the remainder of the sentence of imprisonment.  If any portion of the2
sentence is suspended, except for a suspension of sentence pursuant to the provisions3
of Paragraph (4) of this Subsection, the offender shall be placed on supervised4
probation with the Department of Public Safety and Corrections, division of5
probation and parole, for a period of time equal to the remainder of the sentence of6
imprisonment, which probation shall commence on the day after the offender's7
release from custody.8
(b) Any offender placed on probation pursuant to the provisions of this9
Subsection shall be required as a condition of probation to participate in thirty eight-10
hour days of court-approved community service activities and to submit to and11
complete either of the following requirements:12
(i) To immediately undergo an evaluation by the Department of Health and13
Hospitals, office of behavioral health to determine the nature and extent of the14
offender's substance abuse disorder and to participate in any treatment plan15
recommended by the office of behavioral health, including treatment in an inpatient16
facility approved by the office for a period of not less than four weeks followed by17
outpatient treatment services for a period not to exceed twelve months.18
(ii) To participate in substance abuse treatment in an alcohol and drug abuse19
program provided by a drug division subject to the applicable provisions of R.S.20
13:5301 et seq. if the offender is otherwise eligible to participate in such program.21
(c) In addition to the requirements set forth in Subparagraph (b) of this22
Paragraph, any offender placed on probation pursuant to the provisions of Subsection23
D of this Section shall be placed in a home incarceration program approved by the24
division of probation and parole for a period of time not less than six months and not25
more than the remainder of the sentence of imprisonment.26
(d) If any offender placed on probation pursuant to the provisions of27
Subsection D of this Section fails to complete the substance abuse treatment required28
by the provisions of this Paragraph or violates any other condition of probation,29 SB NO. 277
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including conditions of home incarceration, his probation may be revoked, and he1
may be ordered to serve the balance of the sentence of imprisonment, without credit2
for time served under home incarceration.3
(2)(a) In addition, the court shall order, subject to the discretion of the4
prosecuting district attorney, that the vehicle being driven by the offender at the time5
of the offense shall be seized and impounded, and sold at auction in the same manner6
and under the same conditions as executions of writ of seizures and sale as provided7
in Book V, Title II, Chapter 4 of the Code of Civil Procedure. If the district attorney8
elects to forfeit the vehicle, he shall file a written motion at least five days prior to9
sentencing stating his intention to forfeit the vehicle. When the district attorney10
elects to forfeit the vehicle, the court shall order it forfeited.11
(b) The vehicle shall be exempt from sale if it was stolen, or if the driver of12
the vehicle at the time of the violation was not the owner and the owner did not know13
that the driver was operating the vehicle while intoxicated. If this exemption is14
applicable, the vehicle shall not be released from impoundment until such time as15
towing and storage fees have been paid.16
(c) In addition, the vehicle shall be exempt from sale if all towing and storage17
fees are paid by a valid lienholder.18
(d) The proceeds of the sale shall first be used to pay court costs and towing19
and storage costs, and the remainder shall be allocated as follows: sixty percent of20
the funds shall go to the arresting agency, twenty percent to the prosecuting district21
attorney, and twenty percent to the Louisiana Property and Casualty Insurance22
Commission for its use in studying other ways to reduce drunk driving and insurance23
rates.24
(3)(a) An offender sentenced to home incarceration during probation shall be25
subject to special conditions to be determined by the court, which shall include but26
not be limited to the following:27
(i) Electronic monitoring.28
(ii) Curfew restrictions.29 SB NO. 277
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(iii) Home visitation at least once per month by the Department of Public1
Safety and Corrections for the first six months. After the first six months, the level2
of supervision will be determined by the department based upon a risk assessment3
instrument.4
(b) The court shall also require the offender to obtain employmen t and to5
participate in a court-approved driver improvement program at his expense. The6
activities of the offender outside of his home shall be limited to traveling to and from7
work, church services, Alcoholics Anonymous meetings, or a court-approved driver8
improvement program.9
(c) Offenders sentenced to home incarceration required under the provisions10
of this Section shall be subject to all other applicable provisions of Code of Criminal11
Procedure Article 894.2.12
(4) Notwithstanding the provisions of Subparagraph (1)(a) of this Subsection,13
the one-year period described in Paragraph (1) of this Subsection which shall14
otherwise be imposed without the benefit of probation, parole, or suspension of15
sentence, may also be suspended if the offender is accepted into a drug division16
probation program pursuant to R.S. 13:5301 et seq. The provisions of Paragraph (2)17
of this Subsection shall also be applicable to any offender whose sentence is served18
with the benefit of probation, parole, or suspension of sentence pursuant to the19
provisions of this Paragraph.20
E.(1)(a) Except as otherwise provided in Subparagraph (4)(b) of this21
Subsection, on a conviction of a fourth or subsequent offense, notwithstanding any22
other provision of law to the contrary and regardless of whether the fourth offense23
occurred before or after an earlier conviction, the offender shall be imprisoned with24
or without hard labor for not less than ten years nor more than thirty years and shall25
be fined five thousand dollars.  Except as provided in Paragraph (5) of this26
Subsection, two years of the sentence of imprisonment shall be imposed without27
benefit of parole, probation, or suspension of sentence. The court, in its discretion,28
may suspend all or any part of the remainder of the sentence of imprisonment. If any29 SB NO. 277
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portion of the sentence is suspended, except for a suspension of sentence pursuant1
to the provisions of Paragraph (5) of this Subsection, the offender shall be placed on2
supervised probation with the Department of Public Safety and Corrections, division3
of probation and parole, for a period of time not to exceed five years, which4
probation shall commence on the day after the offender's release from custody.5
(b) Any offender placed on probation pursuant to the provisions of this6
Subsection shall be required, as a condition of probation, to participate in forty eight-7
hour days of court-approved community service activities and to submit to and8
complete either of the following requirements:9
(i) To immediately undergo an evaluation by the Department of Health and10
Hospitals, office of behavioral health to determine the nature and extent of the11
offender's substance abuse disorder and to participate in any treatment plan12
recommended by the office of behavioral health, including treatment in an inpatient13
facility approved by the office for a period of not less than four weeks followed by14
outpatient treatment services for a period not to exceed twelve months.15
(ii) To participate in substance abuse treatment in an alcohol and drug abuse16
program provided by a drug division subject to the applicable provisions of R.S.17
13:5301 et seq. if the offender is otherwise eligible to participate in such program.18
(c) In addition to the requirements set forth in Subparagraph (b) of this19
Paragraph, any offender placed on probation pursuant to the provisions of Subsection20
E of this Section shall be placed in a home incarceration program approved by the21
division of probation and parole for a period of time not less than one year nor more22
than the remainder of the term of supervised probation.23
(d) If any offender placed on probation pursuant to the provisions of24
Subsection E of this Section fails to complete the substance abuse treatment required25
by the provisions of this Paragraph or violates any other condition of probation,26
including conditions of home incarceration, his probation may be revoked, and he27
may be ordered to serve the balance of the sentence of imprisonment, without credit28
for time served under home incarceration.29 SB NO. 277
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(2)(a) In addition, the court shall order, subject to the discretion of the1
prosecuting district attorney, that the vehicle being driven by the offender at the time2
of the offense be seized and impounded, and be sold at auction in the same manner3
and under the same conditions as executions of writ of seizure and sale as provided4
in Book V, Title II, Chapter 4 of the Code of Civil Procedure. If the district attorney5
elects to forfeit the vehicle, he shall file a written motion at least five days prior to6
sentencing stating his intention to forfeit the vehicle.7
(b) The vehicle shall be exempt from sale if it was stolen, or if the driver of8
the vehicle at the time of the violation was not the owner and the owner did not know9
that the driver was operating the vehicle while intoxicated. If this exemption is10
applicable, the vehicle shall not be released from impoundment until such time as11
towing and storage fees have been paid.12
(c) In addition, the vehicle shall be exempt from sale if all towing and storage13
fees are paid by a valid lienholder.14
(d) The proceeds of the sale shall first be used to pay court costs and towing15
and storage costs, and the remainder shall be allocated as follows: sixty percent of16
the funds shall go to the arresting agency, twenty percent to the prosecuting district17
attorney, and twenty percent to the Louisiana Property and Casualty Insurance18
Commission for its use in studying other ways to reduce drunk driving and insurance19
rates.20
(3)(a) An offender sentenced to home incarceration during probation shall be21
subject to special conditions to be determined by the court, which shall include but22
not be limited to the following:23
(i) Electronic monitoring.24
(ii) Curfew restrictions.25
(iii) Home visitation at least once per month by the Department of Public26
Safety and Corrections for the first six months. After the first six months, the level27
of supervision will be determined by the department based upon a risk assessment28
instrument.29 SB NO. 277
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(b) The court shall also require the offender to obtain employment and to1
participate in a court-approved driver improvement program at his expense. The2
activities of the offender outside of his home shall be limited to traveling to and from3
work, church services, Alcoholics Anonymous meetings, or a court-approved driver4
improvement program.5
(c) Offenders sentenced to home incarceration required under the provisions6
of this Section shall be subject to all other applicable provisions of Code of Criminal7
Procedure Article 894.2.8
(4)(a) If the offender has previously been required to participate in substance9
abuse treatment and home incarceration pursuant to Subsection D of this Section, the10
offender shall not be sentenced to substance abuse treatment and home incarceration11
for a fourth or subsequent offense, but shall be imprisoned at hard labor for not less12
than ten nor more than thirty years, and at least three years of the sentence shall be13
imposed without benefit of suspension of sentence, probation, or parole.14
(b) If the offender has previously received the benefit of suspension of15
sentence, probation, or parole as a fourth offender, after serving the mandatory16
sentence required by Subparagraph (E)(1)(a), no part of the remainder of the17
sentence may be imposed with benefit of suspension of sentence, probation, or18
parole, and no portion of the sentence shall be imposed concurrently with the19
remaining balance of any sentence to be served for a prior conviction for any20
offense.21
(5)(a) Notwithstanding the provisions of Subparagraph (1)(a) of this22
Subsection, the two-year period described in Paragraph (1) of this Subsection which23
shall otherwise be imposed without the benefit of parole, probation, or suspension24
of sentence may also be suspended if the offender is accepted into a drug division25
probation program pursuant to R.S. 13:5301 et seq. The provisions of Paragraph (2)26
of this Subsection shall also be applicable to any offender whose sentence is served27
with the benefit of probation, parole, or suspension of sentence pursuant to the28
provisions of this Subparagraph.29 SB NO. 277
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(b) If the offender has previously participated in a drug division probation1
program pursuant to the provisions of Paragraph (D)(4) of this Section, the offender2
shall not be eligible to serve his sentence with the benefit of probation, parole, or3
suspension of sentence pursuant to the provisions of Subparagraph (a) of this4
Paragraph, but shall be imprisoned at hard labor for not less than ten nor more than5
thirty years, and at least three years of the sentence shall be imposed without benefit6
of suspension of sentence, probation, or parole.7
F.(1) For purposes of determining whether a defendant has a prior conviction8
for violation of this Section, a conviction under either R.S. 14:32.1, vehicular9
homicide, R.S. 14:39.1, vehicular negligent injuring, or R.S. 14:39.2, first degree10
vehicular negligent injuring, or a conviction under the laws of any state or an11
ordinance of a municipality, town, or similar political subdivision of another state,12
which prohibits the operation of any motor vehicle, aircraft, watercraft, vessel, or13
other means of conveyance while intoxicated, while impaired, or while under the14
influence of alcohol, drugs, or any controlled dangerous substance shall constitute15
a prior conviction. This determination shall be made by the court as a matter of law.16
(2) For purposes of this Section, a prior conviction shall not include a17
conviction for an offense under this Section, under R.S. 14:32.1, R.S. 14:39.1, or18
R.S. 14:39.2, or under a comparable statute or ordinance of another jurisdiction, as19
described in Paragraph (1) of this Subsection, if committed more than ten years prior20
to the commission of the crime for which the defendant is being tried and such21
conviction shall not be considered in the assessment of penalties hereunder.22
However, periods of time during which the offender was awaiting trial, on probation23
or parole for an offense described in Paragraph (1) of this Subsection, under an order24
of attachment for failure to appear, or incarcerated in a penal institution in this or any25
other state shall be excluded in computing the ten-year period.26
G. The legislature hereby finds and declares that conviction of a third or27
subsequent DWI offense is presumptive evidence of the existence of a substance28
abuse disorder in the offender posing a serious threat to the health and safety of the29 SB NO. 277
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public. Further, the legislature finds that there are successful treatment methods1
available for treatment of addictive disorders. Court-approved substance abuse2
programs provided for in Subsections B, C, and D of this Section shall include a3
screening procedure to determine the portions of the program which may be4
applicable and appropriate for individual offenders and shall assess the offender's5
degree of alcohol abuse.6
H. "Community service activities" as used in this Section may include duty7
in any morgue, coroner's office, or emergency treatment room of a state-operated8
hospital or other state-operated emergency treatment facility, with the consent of the9
administrator of the morgue, coroner's office, hospital, or facility.10
I. An offender ordered to participate in a substance abuse program in11
accordance with the provisions of this Section shall pay the cost incurred in12
participating in the program. Failure to make such payment shall subject the offender13
to revocation of probation, unless the court determines that the offender is unable to14
pay. If the court determines that the offender is unable to pay, the state shall pay for15
the cost of the substance abuse treatment. An offender sentenced to home16
incarceration and to participate in a driver improvement program shall pay the cost17
incurred in participating in home incarceration and a driver improvement program18
unless the court determines that the offender is unable to pay. However, if the court19
determines that an offender is unable to pay the costs incurred for participating in a20
substance abuse treatment program, driver improvement program, or home21
incarceration, the court may, upon completion of such program or home22
incarceration, require that the offender reimburse the state for all or a portion of such23
costs pursuant to a payment schedule determined by the court.24
J. This Subsection shall be cited as the "Child Endangerment Law". When the25
state proves in addition to the elements of the crime as set forth in Subsection A of26
this Section that a minor child twelve years of age or younger was a passenger in the27
motor vehicle, aircraft, watercraft, vessel, or other means of motorized conveyance28
at the time of the commission of the offense, of the sentence imposed by the court,29 SB NO. 277
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the execution of the minimum mandatory sentence provided by Subsection B or C1
of this Section, as appropriate, shall not be suspended. If imprisonment is imposed2
pursuant to the provisions of Subsection D, the execution of the minimum mandatory3
sentence shall not be suspended. If imprisonment is imposed pursuant to the4
provisions of Subsection E, at least two years of the sentence shall be imposed5
without benefit of suspension of sentence.6
K.(1) In addition to any penalties imposed under this Section, upon7
conviction of a first offense if the offender had a blood alcohol concentration of 0.208
percent or more by weight based on grams of alcohol per one hundred cubic9
centimeters of blood the driver's license of the offender shall be suspended for two10
years. Such offender may apply for a restricted license to be in effect during the11
entire period of suspension upon proof to the Department of Public Safety and12
Corrections that his motor vehicle has been equipped with a functioning ignition13
interlock device in compliance with the requirements of R.S. 32:378.2. The ignition14
interlock device shall remain installed and operative on his vehicle during the first15
twelve-month period of suspension of his driver's license following the date of16
conviction.17
(2)(a) In addition to any penalties imposed under this Section, upon18
conviction of a second offense, any vehicle, while being operated by the offender,19
shall be equipped with a functioning ignition interlock device in accordance with the20
provisions of R.S. 15:306. This requirement shall remain in effect for a period of not21
less than six months. In addition, the device shall remain installed and operative22
during any period that the offender's operator's license is suspended under law and23
for any additional period as determined by the court.24
(b) In addition to any penalties imposed under this Section and25
notwithstanding the provisions of Subparagraph (2)(a) of this Subsection, upon26
conviction of a second offense if the offender had a blood alcohol concentration of27
0.20 percent or more by weight based on grams of alcohol per one hundred cubic28
centimeters of blood, the driver's license of the offender shall be suspended for four29 SB NO. 277
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years. The offender may apply for a restricted license to be in effect during the1
period of suspension upon proof to the Department of Public Safety and Corrections2
that his motor vehicle has been equipped with a functioning ignition interlock device3
in compliance with the requirements of R.S. 32:378.2. The ignition interlock device4
shall remain installed and operative on his vehicle during the first three years of the5
four-year period of the suspension of his driver's license.6
(3)(a) Notwithstanding the provisions of Paragraph (1) of this Subsection and7
R.S. 32:414(D)(1)(b), upon conviction of a third or subsequent offense of the8
provisions of this Section, any motor vehicle, while being operated by the offender,9
shall be equipped with a functioning ignition interlock device in accordance with the10
provisions of R.S. 15:306.  The ignition interlock device shall remain installed and11
operative until the offender has completed the requirements of substance abuse12
treatment and home incarceration, or, if applicable, the requirements of the drug13
division probation program provided in R.S. 13:5301 et seq., pursuant to the14
provisions of Subsections D and E of this Section.15
(b) Any offender convicted of a third or subsequent offense of the provisions16
of this Section shall, after one year of the suspension required by R.S.17
32:414(D)(1)(a), upon proof of the Department of Public Safety and Corrections that18
the motor vehicles being operated by the offender are equipped with functioning19
interlock devices, be issued a restricted driver's license. The restricted license shall20
be effective for the period of time that the offender's driver's license is suspended.21
The restricted license shall entitle the offender to operate the vehicles equipped with22
a functioning interlock device in order to earn a livelihood and to travel to and from23
the places designated in Paragraphs (D)(3) and (E)(3) of this Section.24
(4) The provisions of this Subsection shall not require installation of an25
ignition interlock device in any vehicle described in R.S. 32:378.2(I).26
B.(1) This Subsection shall be cited as the "Child Endangerment Law".27
(2) When the state proves, in addition to the elements of the crime as set28
forth in Subsection A of this Section, that a minor child twelve years of age or29 SB NO. 277
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younger was a passenger in the motor vehicle, aircraft, watercraft, vessel, or1
other means of motorized conveyance at the time of the commission of the2
offense:3
(a) Except as provided in Subparagraphs (b) and (c) of this Paragraph,4
the execution of the minimum mandatory sentence provided by R.S. 14:98.1 or5
98.2, as appropriate, shall not be suspended.6
(b) Notwithstanding any provision of law to the contrary, if7
imprisonment is imposed pursuant to the provisions of R.S. 14:98.3, the8
execution of the minimum mandatory sentence shall not be suspended.9
(c) Notwithstanding any provision of law to the contrary, if10
imprisonment is imposed pursuant to the provisions of R.S. 14:98.4, the11
execution of the minimum mandatory sentence shall not be suspended.12
C. Prior convictions. (1) For purposes of determining whether a13
defendant has a prior conviction for a violation of this Section, a conviction14
under any of the following shall constitute a prior conviction:15
(a) R.S. 14:32.1, vehicular homicide.16
(b) R.S. 14:32.8, third degree feticide.17
(c) R.S. 14:39.1, vehicular negligent injuring.18
(d) R.S. 14:39.2, first degree vehicular negligent injuring.19
(e) A law of any state or an ordinance of a municipality, town, or similar20
political subdivision of another state that prohibits the operation of any motor21
vehicle, aircraft, watercraft, vessel, or other means of conveyance while22
intoxicated, while impaired, or while under the influence of alcohol, drugs, or23
any controlled dangerous substance.24
(2) The determination under this Subsection shall be made by the court25
as a matter of law.26
(3) For purposes of this Section, a prior conviction shall not include a27
conviction for an offense under this Section or under any offense listed in28
Paragraph (1) of this Subsection if committed more than ten years prior to the29 SB NO. 277
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commission of the crime for which the defendant is being tried, and such1
conviction shall not be considered in the assessment of penalties hereunder.2
However, periods of time during which the offender was awaiting trial, on3
parole or probation for an offense described in Paragraph (1) of this Subsection,4
under an order of attachment for failure to appear, or incarcerated in a penal5
institution in this or any other state shall be excluded in computing the ten-year6
period.7
D. Penalties. (1) On a conviction of a first offense violation of operating8
while intoxicated under this Section, notwithstanding any other provision of law9
to the contrary, the offender shall be sentenced under the provisions of R.S.10
14:98.1.11
(2)(a) Except as provided by Subparagraph (b) of this Paragraph, on a12
conviction of a second offense violation of operating while intoxicated under this13
Section, notwithstanding any other provision of law to the contrary and14
regardless of whether the second offense occurred before or after the first15
conviction, the offender shall be sentenced under the provisions of R.S. 14:98.2.16
(b) If the conviction of a second offense when the first conviction was for17
the crime of vehicular homicide in violation of R.S. 14:32.1, third degree feticide18
in violation of R.S. 14:32.8, or first degree vehicular negligent injuring in19
violation of R.S. 14:39.2, the offender shall be sentenced under the provisions20
of R.S. 14:98.2(D).21
(3) On a conviction of a third offense violation of operating while22
intoxicated under this Section, notwithstanding any other provision of law to the23
contrary and regardless of whether the offense occurred before or after an24
earlier conviction, the offender shall be sentenced under the provisions of R.S.25
14:98.3.26
(4) On a conviction of a fourth or subsequent offense violation of27
operating while intoxicated under this Section, notwithstanding any other28
provision of law to the contrary and regardless of whether the fourth or29 SB NO. 277
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subsequent offense occurred before or after an earlier conviction, the offender1
shall be sentenced under the provisions of R.S. 14:98.4.2
E. The legislature hereby finds and declares that conviction of a third or3
subsequent offense of operating while intoxicated is presumptive evidence of the4
existence of a substance abuse disorder in the offender that poses a serious5
threat to the health and safety of the public. Further, the legislature finds that6
there are successful treatment methods available for treatment of addictive7
disorders.8
F. Vehicle seizure and sale. (1) On a third or subsequent conviction of9
operating while intoxicated pursuant to this Section, in addition to any other10
sentence, the court shall order, upon motion of the prosecuting district attorney,11
that the vehicle being operated by the offender at the time of the offense be12
seized and impounded, and be sold at auction in the same manner and under the13
same conditions as executions of writs of seizure and sale as provided in Book14
V, Title II, Chapter 4 of the Code of Civil Procedure.15
(2) The vehicle shall be exempt from sale if it was stolen, or if the driver16
of the vehicle at the time of the violation was not the owner and the owner did17
not know that the driver was operating the vehicle while intoxicated.  If this18
exemption is applicable, the vehicle shall not be released from impoundment19
until such time as towing and storage fees have been paid. In addition, the20
vehicle shall be exempt from sale if all towing and storage fees are paid by a21
valid lienholder.22
(3) If the district attorney elects to forfeit the vehicle, he shall file a23
written motion at least five days prior to sentencing, stating his intention to24
forfeit the vehicle. When the district attorney elects to forfeit the vehicle, the25
court shall order it forfeited.26
(4) The proceeds of the sale shall first be used to pay court costs and27
towing and storage costs, and the remainder shall be allocated as follows:28
(a) Sixty percent of the funds shall go to the arresting agency.29 SB NO. 277
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(b) Twenty percent of the funds shall go to the prosecuting district1
attorney.2
(c) Twenty percent of the funds shall go to the Louisiana Property and3
Casualty Insurance Commission for its use in studying ways to reduce drunk4
driving and insurance rates.5
G.(1) If an offender placed on probation for a conviction of operating6
while intoxicated under this Section fails to complete the required substance7
abuse treatment, or fails to participate in a driver improvement program, or8
violates any other condition of probation, including conditions of home9
incarceration, his probation may be revoked, and he may be ordered to serve10
the balance of the sentence of imprisonment, without credit for time served11
under home incarceration.12
(2) If the offender is found to be in violation of both the terms of his13
release for good behavior by the Department of Public Safety and Corrections,14
committee on parole and probation, and in violation of his probation by the15
court, then the remaining balance of his diminution of sentence shall be served16
first, with the previously suspended sentence imposed by the court to run17
consecutively thereafter.18
§98.1.  Underage driving under the influence Operating while intoxicated, first19
offense; penalties20
A. The crime of underage operating a vehicle while intoxicated is the21
operating of any motor vehicle, aircraft, watercraft, vessel, or other means of22
conveyance when the operator's blood alcohol concentration is 0.02 percent or more23
by weight if the operator is under the age of twenty-one based on grams of alcohol24
per one hundred cubic centimeters of blood.25
B. Any underage person whose blood alcohol concentration is found to be in26
violation of R.S. 14:98(A)(1)(b) shall be charged under its provisions rather than27
under this Section.28
C. On a first conviction, the offender shall be fined not less than one hundred29 SB NO. 277
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nor more than two hundred fifty dollars, and participate in a court-approved1
substance abuse and driver improvement program.2
D. On a second or subsequent conviction, regardless of whether the second3
offense occurred before or after the first conviction, the offender shall be fined not4
less than one hundred fifty dollars nor more than five hundred dollars, and5
imprisoned for not less than ten days nor more than three months. Imposition or6
execution of sentence shall not be suspended unless:7
(1) The offender is placed on probation with a minimum condition that he8
serve forty-eight hours in jail and participate in a court-approved substance abuse9
and driver improvement program; or10
(2) The offender is placed on probation with a minimum condition that he11
perform ten eight-hour days of court-approved community service activities, at least12
half of which shall consist of participation in a litter abatement or collection program13
and participate in a court-approved substance and driver improvement program.14
E. Court programs regarding substance abuse provided for in Subsections C15
and D shall include a screening procedure to determine the portions of the program16
which may be applicable and appropriate for individual offenders.17
F. An offender ordered to participate in a substance abuse program shall pay18
the cost incurred in participating in the program. Failure to make such payment shall19
subject the offender to revocation of probation, unless the court determines that the20
offender is unable to pay.21
A.(1) Except as modified by the provisions of Paragraphs (2) and (3) of22
this Subsection, on a conviction of a first offense violation of R.S. 14:98, the23
offender shall be fined not less than three hundred dollars nor more than one24
thousand dollars, and shall be imprisoned for not less than ten days nor more25
than six months. Imposition or execution of sentence under this Paragraph shall26
not be suspended unless the offender is placed on probation with the minimum27
conditions that he:28
(a) Serve forty-eight hours in jail, which shall not be suspended, or in lieu29 SB NO. 277
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thereof, perform no less than thirty-two hours of court-approved community1
service activities, at least half of which shall consist of participation in a litter2
abatement or collection program.3
(b) Participate in a court-approved substance abuse program, which may4
include an assessment by a licensed clinician to determine if the offender has a5
diagnosis of substance abuse disorder. Nothing herein shall prohibit the court6
from modifying the portions of the program as may be applicable and7
appropriate to an individual offender as shown by the assessment.8
(c) Participate in a court-approved driver improvement program.9
(d) Except as provided by Subparagraph (3)(c) of this Subsection, the10
court may order that the offender not operate a motor vehicle during the period11
of probation, or such shorter time as set by the court, unless any vehicle, while12
being operated by the offender, is equipped with a functioning ignition interlock13
device in compliance with the requirements of R.S. 14:98.5(C) and R.S.14
32:378.2.15
(2) If the offender had a blood alcohol concentration of 0.15 percent or16
more but less than 0.20 percent by weight based on grams of alcohol per one17
hundred cubic centimeters of blood, at least forty-eight hours of the sentence18
imposed pursuant to Paragraph (1) of this Subsection shall be served without19
the benefit of parole, probation, or suspension of sentence, and is to be served20
in addition to any sentence of imprisonment imposed pursuant to Subparagraph21
(1)(a) of this Subsection, provided that the total period of imprisonment upon22
conviction of the offense, including imprisonment for default in payment of a23
fine or costs, shall not exceed six months.24
(3)(a) If the offender had a blood alcohol concentration of 0.20 percent25
or more by weight based on grams of alcohol per one hundred cubic centimeters26
of blood, the offender shall be fined not less than seven hundred fifty dollars nor27
more than one thousand dollars and at least forty-eight hours of the sentence28
imposed pursuant to Paragraph (1) of this Subsection shall be served without29 SB NO. 277
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the benefit of parole, probation, or suspension of sentence, and is to be served1
in addition to any sentence of imprisonment imposed pursuant to Subparagraph2
(1)(a) of this Subsection, provided that the total period of imprisonment upon3
conviction of the offense, including imprisonment for default in payment of a4
fine or costs, shall not exceed six months.5
(b) In addition to any penalties imposed under this Section, upon6
conviction of a first offense, if the offender had a blood alcohol concentration7
of 0.20 percent or more by weight based on grams of alcohol per one hundred8
cubic centimeters of blood, the driver's license of the offender shall be9
suspended for two years.10
(c) The court shall require that the offender not operate a motor vehicle11
during the period of probation unless any vehicle, while being operated by the12
offender, is equipped with a functioning ignition interlock device in compliance13
with the requirements of R.S. 14:98.5(C) and R.S. 32:378.2.  The ignition14
interlock device shall remain installed and operative on his vehicle during the15
first twelve-month period of suspension of his driver's license following the date16
of conviction.17
B. Nothing herein shall prohibit a court from sentencing an offender to18
serve any portion of the sentence under home incarceration pursuant to R.S.19
14:98.5, either in lieu of, or in addition to, a term of imprisonment if otherwise20
allowed under the provisions of Code of Criminal Procedure Article 894.2 and21
R.S. 14:98.5(B).22
C. An offender may apply for a restricted driver's license to be in effect23
during the entire period of suspension upon proof to the Department of Public24
Safety and Corrections that his motor vehicle has been equipped with a25
functioning ignition interlock device in compliance with the requirements of26
R.S. 32:378.2.27
§98.2. Unlawful refusal to submit to chemical tests; arrests for driving while28
intoxicated Operating while intoxicated, second offense; penalties29 SB NO. 277
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A. No person under arrest for a violation of R.S. 14:98, 98.1, or any other law1
or ordinance which prohibits operating a vehicle while intoxicated may refuse to2
submit to a chemical test when requested to do so by a law enforcement officer if he3
has refused to submit to such test on two previous and separate occasions of any4
previous such violation.5
B.(1) Whoever violates the provisions of this Section shall be fined not less6
than three hundred dollars nor more than one thousand dollars, and shall be7
imprisoned for not less than ten days nor more than six months.8
(2) Imposition or execution of sentence shall not be suspended unless one of9
the following circumstances occurs:10
(a) The offender is placed on probation with a minimum condition that he11
serve two days in jail and participate in a court-approved substance abuse program12
and participate in a court-approved driver improvement program.13
(b) The offender is placed on probation with a minimum condition that he14
perform four eight-hour days of court-approved community service activities, at least15
half of which shall consist of participation in a litter abatement or collection16
program, participate in a court-approved substance abuse program, and participate17
in a court-approved driver improvement program. An offender who participates in18
a litter abatement or collection program pursuant to this Subparagraph shall have no19
cause of action for damages against the entity conducting the program or supervising20
his participation therein, including a municipality, parish, sheriff, or other entity, nor21
against any official, employee, or agent of such entity, for any injury or loss suffered22
by him during or arising out of his participation in the program, if such injury or loss23
is a direct result of the lack of supervision or act or omission of the supervisor, unless24
the injury or loss was caused by the intentional or grossly negligent act or omission25
of the entity or its official, employee, or agent.26
A.(1) Except as modified by the provisions of Paragraphs (2), (3), and (4)27
of this Subsection, or as provided by Subsection D of this Section, on a28
conviction of a second offense violation of R.S. 14:98, regardless of whether the29 SB NO. 277
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second offense occurred before or after the first conviction, the offender shall1
be fined not less than seven hundred fifty dollars nor more than one thousand2
dollars, and shall be imprisoned for not less than thirty days nor more than six3
months. At least forty-eight hours of the sentence imposed shall be served4
without benefit of parole, probation, or suspension of sentence. Imposition or5
execution of the remainder of sentence shall not be suspended unless the6
offender is placed on probation with the minimum conditions that he:7
(a) Serve at least fifteen days in jail, without benefit of parole, probation,8
or suspension of sentence, or in lieu thereof, perform two hundred forty hours9
of court-approved community service activities, at least half of which shall10
consist of participation in a litter abatement or collection program. If11
imprisonment is imposed under this Subparagraph, the sentence is to be12
imposed pursuant to Paragraph (1) of this Subsection, provided that the total13
period of imprisonment upon conviction of the offense, including imprisonment14
for default in payment of a fine or costs, shall not exceed six months.15
(b) Participate in a court-approved substance abuse program, which may16
include an assessment by a licensed clinician to determine if the offender has a17
diagnosis of substance abuse disorder. Nothing herein shall prohibit the court18
from modifying the portions of the program as may be applicable and19
appropriate to an individual offender as shown by the assessment.20
(c) Participate in a court-approved driver improvement program.21
(d) Except as the period of time may be increased in accordance with22
Subparagraph (3)(c) of this Subsection, the court shall order that the offender23
not operate a motor vehicle during the period of probation unless any vehicle,24
while being operated by the offender, is equipped with a functioning ignition25
interlock device in compliance with the requirements of R.S. 14:98.5(C), R.S.26
15:306, and R.S. 32:378.2, which requirement shall remain in effect for a period27
of not less than six months from the date of conviction. In addition, the device28
shall remain installed and operative during any period that the offender's29 SB NO. 277
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driver's license is suspended under law and for any additional period as1
determined by the court.2
(2) If the offender had a blood alcohol concentration of 0.15 percent or3
more but less than 0.20 percent by weight based on grams of alcohol per one4
hundred cubic centimeters of blood, at least ninety-six hours of the sentence5
imposed pursuant to Paragraph (1) of this Subsection shall be served without6
the benefit of parole, probation, or suspension of sentence.7
(3)(a) If the offender had a blood alcohol concentration of 0.20 percent8
or more by weight based on grams of alcohol per one hundred cubic centimeters9
of blood, the offender shall be fined one thousand dollars and at least ninety-six10
hours of the sentence imposed pursuant to Paragraph (1) of this Subsection11
shall be served without the benefit of parole, probation, or suspension of12
sentence.13
(b) In addition to any penalties imposed under this Section, upon14
conviction of a second offense if the offender had a blood alcohol concentration15
of 0.20 percent or more by weight based on grams of alcohol per one hundred16
cubic centimeters of blood, the driver's license of the offender shall be17
suspended for four years.18
(c) The court shall require that the offender not operate a motor vehicle19
during the period of probation unless any vehicle, while being operated by the20
offender, is equipped with a functioning ignition interlock device in compliance21
with the requirements of R.S. 14:98.5(C), R.S. 15:306, and R.S. 32:378.2.  The22
ignition interlock device shall remain installed and operative on his vehicle23
during the first three years of the four-year period of the suspension of his24
driver's license.25
(4) If the arrest for the second offense occurs within one year of the26
commission of the first offense, at least thirty days of the sentence imposed27
pursuant to Paragraph (1) of this Subsection shall be served without benefit of28
parole, probation, or suspension of sentence. In addition, if the offender had a29 SB NO. 277
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blood alcohol concentration of 0.20 percent or more by weight based on grams1
of alcohol per one hundred cubic centimeters of blood, he shall be fined one2
thousand dollars and also be subject to the provisions of Subparagraphs (3)(b)3
and (c) of this Subsection.4
B. Nothing herein shall prohibit a court from sentencing an offender to5
serve any portion of the sentence under home incarceration pursuant to R.S.6
14:98.5, either in lieu of, or in addition to, a term of imprisonment if otherwise7
allowed under the provisions of Code of Criminal Procedure Article 894.2 and8
R.S. 14:98.5(B).9
C. An offender may apply for a restricted driver's license to be in effect10
during the entire period of suspension upon proof to the Department of Public11
Safety and Corrections that his motor vehicle has been equipped with a12
functioning ignition interlock device in compliance with the requirements of13
R.S. 32:378.2.14
D. Notwithstanding any other provision of law to the contrary, on a15
conviction of a second offense violation of R.S. 14:98, and regardless of whether16
the second offense occurred before or after the first conviction, when the offense17
was for the crime of vehicular homicide in violation of R.S. 14:32.1, third degree18
feticide in violation of R.S. 14:32.8, or first degree vehicular negligent injuring19
in violation of R.S. 14:39.2, the offender shall be fined two thousand dollars and20
imprisoned, with or without hard labor, for not less than one year nor more21
than five years. At least six months of the sentence of imprisonment imposed22
shall be without benefit of parole, probation, or suspension of sentence except23
in compliance with R.S. 14:98.5(B)(1), the mandatory minimum sentence cannot24
be served on home incarceration.25
(1) Imposition or execution of the remainder of the sentence shall not be26
suspended unless the offender is placed on probation with the minimum27
conditions that he:28
(a) Perform two hundred forty hours of court-approved community29 SB NO. 277
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service activities, at least one-half of which shall consist of participation in a1
litter abatement or collection program.2
(b) Participate in a court-approved substance abuse program, which may3
include an assessment by a licensed clinician to determine if the offender has a4
diagnosis of substance abuse disorder. Nothing herein shall prohibit the court5
from modifying the portions of the program as may be applicable and6
appropriate to an individual offender as shown by the assessment.7
(c) Participate in a court-approved driver improvement program.8
(2) In accordance with the provisions of R.S. 14:98.5(B), any offender9
placed on probation pursuant to the provisions of Subsection D of this Section10
shall be placed in a home incarceration program approved by the division of11
probation and parole for a period of time not less than six months and not more12
than the remainder of the sentence of imprisonment.13
(3) Except as the period of time may be increased in accordance with14
Subparagraph (A)(3)(b) and (c) of this Section, in addition to any penalties15
imposed under this Section, the court shall order that the offender not operate16
a motor vehicle during the period of probation unless any vehicle, while being17
operated by the offender, is equipped with a functioning ignition interlock18
device in compliance with the requirements of R.S. 14:98.5(C), R.S. 15:306, and19
R.S. 32:378.2, which requirement shall remain in effect for a period of not less20
than six months from the date of conviction. In addition, the device shall21
remain installed and operative during any period that the offender's driver's22
license is suspended under law and for any additional period as determined by23
the court.24
§98.3. Operating a vehicle while under suspension for certain prior offenses25
Operating while intoxicated, third offense; penalties26
A. It is unlawful to operate a motor vehicle on a public highway where the27
operator's driving privileges have been suspended under the authority of R.S.28
32:414(A)(1), (B)(1) or (2), (D)(1)(a), or 667. It shall not be a violation of the29 SB NO. 277
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provisions of this Section when a person operates a motor vehicle to obtain1
emergency medical care for himself or any other person.2
B. Whoever violates the provisions of this Section shall be imprisoned for not3
less than fifteen days nor more than six months without benefit of suspension of4
imposition or execution of sentence, except as provided in Subsection C.5
C. When the operator's driving privileges were suspended for manslaughter,6
vehicular homicide, or negligent homicide, the offender shall be imprisoned for not7
less than sixty days nor more than six months without benefit of suspension of8
imposition or execution of sentence.9
A.(1) Except as provided in Subsection B of this Section, on a conviction10
of a third offense violation of R.S. 14:98, regardless of whether the third offense11
occurred before or after a previous conviction, the offender shall be fined two12
thousand dollars and shall be imprisoned, with or without hard labor, for not13
less than one year nor more than five years. Except as provided in Paragraph14
(2) of this Subsection, at least one year of the sentence imposed shall be served15
without benefit of parole, probation, or suspension of sentence.  Except in16
compliance with R.S. 14:98.5(B)(1), the mandatory minimum sentence cannot17
be served on home incarceration.18
(2) The one-year period described in Paragraph (1) of this Subsection,19
which shall otherwise be imposed without the benefit of parole, probation, or20
suspension of sentence, may be suspended if the offender is accepted into a drug21
division probation program pursuant to R.S. 13:5301 et seq. The provisions of22
R.S. 14:98(F) relative to vehicle seizure and sale shall also be applicable to any23
offender whose sentence is served with the benefit of parole, probation, or24
suspension of sentence pursuant to the provisions of this Paragraph.25
(3)(a) The court, in its discretion, may suspend all or any part of the26
remainder of the sentence of imprisonment imposed pursuant to Paragraph27
(A)(1) of this Section. If any of the remainder of the sentence is suspended, the28
offender shall be placed on supervised probation with the Department of Public29 SB NO. 277
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Safety and Corrections, division of probation and parole, for not more than a1
period of five years but not less than a period of time equal to the remainder of2
the sentence of imprisonment, which probation shall commence on the day after3
the offender's release from imprisonment after serving the mandatory sentence4
required by this Section, unless the offender was released by diminution of5
sentence for good behavior pursuant to R.S. 15:571.3, in which case the6
probation shall commence simultaneously with the period of supervision7
provided by R.S. 15:571.5 and shall run concurrently therewith. The offender8
must comply with both the conditions of his release as set by the parole board9
in accordance with R.S. 15:571.5 and with the conditions of probation set by the10
sentencing court.11
(b) Any offender placed on probation pursuant to this Paragraph shall12
be required as a condition of probation to participate in two hundred forty13
hours of court-approved community service activities, obtain employment,14
participate in a court-approved driver improvement program at his expense,15
and submit to and complete either of the following requirements:16
(i) Immediately undergo an evaluation by the Department of Health and17
Hospitals, office of behavioral health, to determine the nature and extent of the18
offender's substance abuse disorder and to participate in any treatment plan19
recommended by the office of behavioral health, including treatment in an20
inpatient facility approved by the office for a period of not less than four weeks,21
followed by outpatient treatment services for a period not to exceed twelve22
months.23
(ii) Participate in substance abuse treatment in an alcohol and drug24
abuse program provided by a drug division subject to the applicable provisions25
of R.S. 13:5301 et seq. if the offender is otherwise eligible to participate in such26
program.27
(c) In addition to the requirements set forth in Subparagraphs (a) and28
(b) of this Paragraph, any offender placed on probation pursuant to the29 SB NO. 277
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provisions of this Subsection shall be placed in a home incarceration program1
approved by the division of probation and parole for a period of time not less2
than six months and not more than the remainder of the sentence of3
imprisonment. The terms of home incarceration shall be in compliance with the4
provisions of R.S. 14:98.5(B) and Code of Criminal Procedure Article 894.2.5
(d)(i) Notwithstanding any law to the contrary and the provisions of R.S.6
32:414(D)(1)(b), upon conviction of a third offense violation of R.S. 14:98, any7
motor vehicle, while being operated by the offender, shall be equipped with a8
functioning ignition interlock device in accordance with the provisions of R.S.9
15:306. The ignition interlock device shall remain installed and operative until10
the offender has completed the requirements of substance abuse treatment and11
home incarceration, or, if applicable, the requirements of the drug division12
probation program provided in R.S. 13:5301 et seq.13
(ii) Any offender convicted of a third offense violation of R.S. 14:98 shall,14
after one year of the suspension required by R.S. 32:414(D)(1)(a), upon proof15
to the Department of Public Safety and Corrections that the motor vehicles16
being operated by the offender are equipped with functioning ignition interlock17
devices, be issued a restricted driver's license. The restricted license shall be18
effective for the period of time that the offender's driver's license is suspended.19
The restricted license shall entitle the offender to operate the vehicles equipped20
with a functioning ignition interlock device in order to earn a livelihood and to21
travel to and from the places designated in R.S. 14:98.5(B)(1)(e).22
(e) If an offender placed on probation pursuant to the provisions of this23
Paragraph fails to complete the substance abuse treatment required by this24
Subsection or violates any other condition of probation, including conditions of25
home incarceration, his probation may be revoked, and he may be ordered to26
serve the balance of the sentence of imprisonment, without credit for time27
served under home incarceration.28
B.(1) If the offender has previously received the benefit of parole,29 SB NO. 277
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probation, or suspension of sentence on a conviction of a third or subsequent1
offense violation of R.S. 14:98, or if the offender has previously participated in2
a drug division probation program pursuant to R.S. 13:5301 et seq., pursuant3
to a sentence imposed on a conviction of a third or subsequent offense violation4
of R.S. 14:98, or if the offender has previously been required to participate in5
substance abuse treatment or home incarceration pursuant to a sentence6
imposed on a conviction of a third or subsequent offense violation of R.S. 14:98,7
then on a conviction of a subsequent third offense violation of R.S. 14:98,8
notwithstanding any other provision of law to the contrary and regardless of9
whether the offense occurred before or after an earlier conviction, the offender10
shall be fined two thousand dollars and imprisoned, with or without hard labor,11
for not less than two nor more than five years.  At least two years of the12
sentence imposed shall be served without benefit of parole, probation, or13
suspension of sentence. Except in compliance with R.S. 14:98.5(B)(1), the14
mandatory minimum sentence cannot be served on home incarceration.15
(2) Except where inconsistent with the provisions of this Subsection, the16
conditions of probation shall include but not be limited to the conditions of17
probation provided by Paragraph (A)(3) of this Section, except that the offender18
shall not be sentenced to substance abuse treatment provided for by Items19
(A)(3)(b)(i) and (ii) of this Section. Nothing herein shall prohibit the court from20
ordering substance abuse treatment if it determines that the offender is able to21
pay for the substance abuse treatment.22
C. In addition to any other penalty, the court shall order, upon motion23
of the prosecuting district attorney, that the vehicle being operated by the24
offender at the time of the offense be seized and impounded, and sold at auction25
in accordance with the provisions of R.S. 14:98(F).26
§98.4. Operating while intoxicated, fourth offense; penalties27
A.(1) Except as modified by Subparagraphs (a) and (b) of this28
Subsection, or as provided by Subsections B and C of this Section, on a29 SB NO. 277
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conviction of a fourth or subsequent offense violation of R.S. 14:98, regardless1
of whether the fourth offense occurred before or after an earlier conviction, the2
offender shall be fined five thousand dollars and imprisoned, with or without3
hard labor, for not less than ten years nor more than thirty years. Two years4
of the sentence of imprisonment shall be imposed without benefit of parole,5
probation, or suspension of sentence. Except in compliance with R.S.6
14:98.5(B)(1), the mandatory minimum sentence cannot be served on home7
incarceration.8
(a) Except as prohibited by Subparagraph (b) of this Paragraph, the two-9
year period, which shall otherwise be imposed without benefit of parole,10
probation, or suspension of sentence, may be suspended if the offender is11
accepted into a drug division probation program pursuant to R.S. 13:5301 et12
seq. The provisions of R.S. 14:98(F) relative to vehicle seizure and sale shall13
also be applicable to any offender whose sentence is served with the benefit of14
parole, probation, or suspension of sentence pursuant to the provisions of this15
Paragraph.16
(b) If the offender has previously participated in a drug division17
probation program pursuant to R.S. 13:5301 et seq., pursuant to a sentence18
imposed on a third or subsequent offense conviction under R.S. 14:98, three19
years of the sentence imposed in Paragraph (1) of this Subsection shall be20
imposed without benefit of parole, probation, or suspension of sentence.21
Notwithstanding any other law to the contrary, the offender shall not be eligible22
to have the mandatory portion of his sentence suspended because of his23
participation in a drug division program under Item (2)(b)(ii) of this Subsection.24
(2)(a) The court, in its discretion, may suspend all or any part of the25
remainder of the sentence of imprisonment. If any of the sentence is suspended,26
the offender shall be placed on supervised probation with the Department of27
Public Safety and Corrections, division of probation and parole, for a period of28
five years, which probation shall commence on the day after the offender's29 SB NO. 277
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release from imprisonment after serving the mandatory sentence required by1
this Section, unless the offender was released by diminution of sentence for good2
behavior pursuant to R.S. 15:571.3, in which case the probation shall commence3
simultaneously with the period of supervision provided by R.S. 15:571.5 and4
shall run concurrently therewith.  The offender must comply with both the5
conditions of his release as set by the parole board in accordance with R.S.6
15:571.5 and with the conditions of probation set by the sentencing court.7
(b) Any offender placed on probation pursuant to this Paragraph shall8
be required as a condition of probation to participate in three hundred twenty9
hours of court-approved community service activities, obtain employment,10
participate in a court-approved driver improvement program at his expense,11
and submit to and complete either of the following requirements:12
(i) Immediately undergo an evaluation by the Department of Health and13
Hospitals, office of behavioral health, to determine the nature and extent of the14
offender's substance abuse disorder, and participate in any treatment plan15
recommended by the office of behavioral health, including treatment in an16
inpatient facility approved by the office for a period of not less than four weeks17
followed by outpatient treatment services for a period not to exceed twelve18
months.19
(ii) Except as provided in R.S. 14:98(A)(1)(b), participate in substance20
abuse treatment in an alcohol and drug abuse program provided by a drug21
division subject to the applicable provisions of R.S. 13:5301 et seq. if the22
offender is otherwise eligible to participate in such program.23
(c) In addition to the requirements set forth in Subparagraphs (a) and24
(b) of this Paragraph, any offender placed on probation pursuant to the25
provisions of this Subsection shall be placed in a home incarceration program26
approved by the division of probation and parole for the remainder of the term27
of supervised probation.  The terms of home incarceration shall be in28
compliance with the provisions of R.S. 14:98.5(B) and Code of Criminal29 SB NO. 277
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Procedure Article 894.2.1
(d)(i) Notwithstanding any law to the contrary and the provisions of R.S.2
32:414(D)(1)(b), upon conviction of a fourth or subsequent offense, any motor3
vehicle, while being operated by the offender, shall be equipped with a4
functioning ignition interlock device in accordance with the provisions of R.S.5
15:306. The ignition interlock device shall remain installed and operative until6
the offender has completed the requirements of substance abuse treatment and7
home incarceration or, if applicable, the requirements of the drug division8
probation program provided for in R.S. 13:5301 et seq.9
(ii) Any offender convicted of a fourth or subsequent offense shall, after10
one year of the suspension required by R.S. 32:414(D)(1)(a), upon proof to the11
Department of Public Safety and Corrections that the motor vehicles being12
operated by the offender are equipped with functioning ignition interlock13
devices, be issued a restricted driver's license. The restricted license shall be14
effective for the period of time that the offender's driver's license is suspended.15
The restricted license shall entitle the offender to operate the vehicles equipped16
with a functioning ignition interlock device in order to earn a livelihood and to17
travel to and from the places designated in R.S. 14:98.5(B)(1)(e).18
(e) If an offender placed on probation pursuant to the provisions of this19
Paragraph fails to complete the substance abuse treatment required by this20
Subsection or violates any other condition of probation, including conditions of21
home incarceration, his probation may be revoked, and he may be ordered to22
serve the balance of the sentence of imprisonment, without credit for time23
served under home incarceration.24
B.(1) If the offender has previously been required to participate in25
substance abuse treatment or home incarceration pursuant to a sentence26
imposed on a conviction of a third offense violation of R.S. 14:98, then on a27
conviction of a fourth or subsequent offense, notwithstanding any other28
provision of law to the contrary and regardless of whether the fourth offense29 SB NO. 277
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occurred before or after an earlier conviction, the offender shall be fined five1
thousand dollars and imprisoned at hard labor for not less than ten nor more2
than thirty years, at least three years of which shall be imposed without benefit3
of parole, probation, or suspension of sentence. Notwithstanding any provision4
of law to the contrary, the offender shall not be eligible to have the mandatory5
portion of his sentence suspended because of his participation in a drug division6
program under Item (2)(b)(ii) of Subsection A of this Section, and except in7
compliance with R.S. 14:98.5(B)(1), the mandatory minimum sentence cannot8
be served on home incarceration.9
(2) After serving the mandatory sentence, if any of the remainder of the10
sentence is suspended, the offender shall be placed on supervised probation with11
the Department of Public Safety and Corrections, division of probation and12
parole, for a period of five years, which probation shall commence on the day13
after the offender's release from imprisonment after serving the mandatory14
sentence required by this Section, unless the offender was released by15
diminution of sentence for good behavior pursuant to R.S. 15:571.3, in which16
case the probation shall commence simultaneously with the period of17
supervision provided by R.S. 15:571.5 and shall run concurrently therewith.18
The offender must comply with both the conditions of his release as set by the19
parole board in accordance with R.S. 15:571.5 and with the conditions of20
probation set by the sentencing court.21
(3) Except where inconsistent with the provisions of this Subsection, the22
conditions of probation shall include but not be limited to the conditions of23
probation provided by Paragraph (A)(2) of this Section, but the offender shall24
not be sentenced to substance abuse treatment provided for by Items25
(A)(2)(b)(i) and (ii) of this Section. Nothing herein shall prohibit the court from26
ordering substance abuse treatment if it determines that the offender is able to27
pay for the substance abuse treatment.28
C. If the offender has previously received the benefit of parole,29 SB NO. 277
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probation, or suspension of sentence on a conviction of a fourth or subsequent1
offense violation of R.S. 14:98, then on a subsequent conviction of a fourth or2
greater offense, notwithstanding any other provision of law to the contrary and3
regardless of whether the offense occurred before or after an earlier conviction,4
the offender shall be fined five thousand dollars and imprisoned at hard labor5
for not less than ten nor more than thirty years. No part of the sentence shall6
be imposed with benefit of parole, probation, or suspension of sentence, and no7
portion of the sentence shall be imposed concurrently with the remaining8
balance of any sentence to be served for a prior conviction for any offense.9
D. In addition to any other penalty, the court shall order, upon motion10
of the prosecuting district attorney, that the vehicle being operated by the11
offender at the time of the offense be seized and impounded, and sold at auction12
in accordance with the provisions of R.S. 14:98(F).13
§98.5. Special provisions and definitions14
A. Substance abuse programs. (1) An offender ordered to participate in15
a substance abuse program, home incarceration, or a driver improvement16
program in accordance with the penalty provisions of R.S. 14:98, 98.1, 98.2,17
98.3, and 98.4 shall pay the cost incurred in participating in the program.18
Failure to make such payment shall subject the offender to revocation of19
probation, unless the court determines that the offender is unable to pay.20
(2) On a conviction of a third or subsequent offense violation of R.S.21
14:98, if the court determines that the offender is unable to pay, the state shall22
pay for the cost of the substance abuse treatment. If the court determines that23
an offender is unable to pay the costs incurred for participating in a substance24
abuse treatment program, driver improvement program, or home25
incarceration, the court may, upon completion of such program or home26
incarceration, require that the offender reimburse the state for all or a portion27
of such costs pursuant to a payment schedule determined by the court. This28
Paragraph shall not apply to substance abuse treatment imposed as a condition29 SB NO. 277
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of probation under R.S. 14:98.4(B)(3).1
B. Home incarceration. (1) For felony violations of R.S. 14:98, the2
mandatory minimum sentence imposed by the court shall not be served on3
home incarceration unless either:4
(a) The Department of Public Safety and Corrections, through the5
division of probation and parole, recommends home incarceration of the6
defendant and specific conditions of that home incarceration.7
(b) The district attorney recommends home incarceration.8
(2) Except as provided by Paragraph (B)(4) of this Section and unless9
otherwise authorized or prohibited, on a misdemeanor violation of R.S. 14:9810
or on a felony violation of R.S. 14:98 after the offender has served the11
mandatory minimum sentence, the court may sentence the offender to home12
incarceration.13
(3) Except as modified by Paragraph (B)(5) of this Section, when the14
court sentences an offender to home incarceration, the offender shall be subject15
to special conditions to be determined by the court, which shall include but not16
be limited to the following:17
(a) Electronic monitoring. However, nothing herein shall prohibit a18
court from ordering nonelectronic monitored home incarceration as a condition19
of probation for a first or second conviction where the period of home20
incarceration is less than five days.21
(b) Curfew restrictions.22
(c) The court shall require the offender to obtain employment.23
(d) The court shall require the offender to participate in a court-24
approved driver improvement program, if not already a condition of his25
probation.26
(e) The activities of the offender outside of his home shall be limited to27
traveling to and from work, church services or other religious services,28
Alcoholics Anonymous meetings, Narcotics Anonymous meetings, other secular-29 SB NO. 277
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based addiction recovery group meetings, accredited educational institutions,1
meetings with his probation or parole officer, court-ordered community service2
activities, court-ordered substance abuse treatments, and a court-approved3
driver improvement program.4
(f) Except as inconsistent with the provisions of this Subsection, an5
offender sentenced to home incarceration shall be subject to all other applicable6
provisions of Code of Criminal Procedure Article 894.2.7
(4) An offender who has been convicted of any second violation of any8
state or local law or ordinance prohibiting operating a vehicle while intoxicated,9
committed within five years of the commission of any prior operating while10
intoxicated violation, shall not be eligible for home incarceration until the11
offender has first served a minimum of forty-eight consecutive hours of12
imprisonment.13
(5) When the offender is on probation for a third or subsequent offense,14
or on a second offense under R.S. 14:98.2(B), a home visitation shall be15
conducted at least once per month by the Department of Public Safety and16
Corrections for the first six months. After the first six months, the level of17
supervision shall be determined by the department based upon a risk18
assessment instrument.19
C. Ignition interlock devices. (1) No offender who is ordered to install an20
ignition interlock device as a condition of probation shall:21
(a) Fail to comply with all applicable provisions of R.S. 15:306 and 30722
and R.S. 32:378.2 and 414(D)(1)(b).23
(b) Violate the conditions of his restricted driver's license as set by the24
Department of Public Safety and Corrections.25
(c) Operate, rent, lease, or borrow a motor vehicle unless that vehicle is26
equipped with a functioning ignition interlock device.27
(d) Request or solicit any other person to blow into an ignition interlock28
device or to start a motor vehicle equipped with the device for the purpose of29 SB NO. 277
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providing the offender with an operable motor vehicle.1
(2) If the court imposes the use of an ignition interlock device as a2
condition of probation, the offender shall provide proof of compliance to the3
court or the probation officer within thirty days. If the offender fails to provide4
proof of installation within that period, absent a finding by the court of good5
cause for the failure that is entered into the court record, the court shall revoke6
the offender's probation.7
(3) The provisions of this Subsection shall not require installation of an8
ignition interlock device in any vehicle described in R.S. 32:378.2(I).9
D.(1) "Community service activities" as used in this Section and R.S.10
14:98.1, 98.2, 98.3, and 98.4, in addition to participation in a litter abatement or11
collection program, may include duty in any morgue, coroner's office, or12
emergency treatment room of a state-operated hospital or other state-operated13
emergency treatment facility, with the consent of the administrator of the14
morgue, coroner's office, hospital, or facility.15
(2) An offender who participates in a litter abatement or collection16
program pursuant to this Subsection shall have no cause of action for damages17
against the entity conducting the program or supervising the offender's18
participation therein, including a municipality, parish, sheriff, or other entity,19
nor against any official, employee, or agent of such entity, for any injury or loss20
suffered by him during or arising out of his participation therein, if such injury21
or loss is a direct result of the lack of supervision or act or omission of the22
supervisor, unless the injury or loss was caused by the intentional or grossly23
negligent act or omission of the entity or its official, employee, or agent.24
§98.6.  Underage operating while intoxicated25
A. The crime of underage operating a vehicle while intoxicated is the26
operating of any motor vehicle, aircraft, watercraft, vessel, or other means of27
conveyance when the operator's blood alcohol concentration is 0.02 percent or28
more by weight based on grams of alcohol per one hundred cubic centimeters29 SB NO. 277
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of blood, if the operator is under the age of twenty-one.1
B. Any underage person whose blood alcohol concentration is found to2
be in violation of R.S. 14:98(A)(1)(b) shall be charged under the provisions of3
that Subparagraph rather than under this Section.4
C.(1) On a first conviction, the offender shall be fined not less than one5
hundred dollars nor more than two hundred fifty dollars, and imprisoned for6
not less than ten days nor more than three months. Imposition or execution of7
sentence shall not be suspended unless the offender is placed on probation with8
the minimum conditions that he:9
(a) Perform thirty-two hours of court-approved community service10
activities, at least half of which shall consist of participation in a litter11
abatement or collection program.12
(b) Participate in a court-approved substance abuse and driver13
improvement program.14
(2) On a second or subsequent conviction, regardless of whether the15
second offense occurred before or after the first conviction, the offender shall16
be fined not less than two hundred fifty dollars nor more than five hundred17
dollars, and imprisoned for not less than thirty days nor more than six months.18
Imposition or execution of sentence under this Paragraph shall not be19
suspended unless the offender is placed on probation with the minimum20
conditions that he:21
(a) Serve forty-eight hours in jail without benefit of parole, probation,22
or suspension of sentence, or in lieu thereof, perform no less than eighty hours23
of court-approved community service activities, at least half of which shall24
consist of participation in a litter abatement or collection program.25
(b) Participate in a court-approved substance abuse program, which may26
include an assessment by a licensed clinician to determine if the offender has a27
diagnosis of substance abuse disorder. Nothing herein shall prohibit the court28
from modifying the portions of the program as may be applicable and29 SB NO. 277
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appropriate to an individual offender as shown by the assessment.1
(c) Participate in a court-approved driver improvement program.2
(3) Nothing herein shall prohibit a court from sentencing an offender to3
serve any portion of the sentence under home incarceration either in lieu of, or4
in addition to, a term of imprisonment if otherwise allowed under the provisions5
of Code of Criminal Procedure Article 894.2 and R.S. 14:98.5(B).6
(4) The court may require that the offender not operate a motor vehicle7
during the period of probation unless any vehicle, while being operated by the8
offender, is equipped with a functioning ignition interlock device in accordance9
with R.S. 14:98.5(C).10
§98.7. Unlawful refusal to submit to chemical tests; arrests for driving while11
intoxicated12
A. No person under arrest for a violation of R.S. 14:98, 98.6, or any other13
law or ordinance that prohibits operating a vehicle while intoxicated may refuse14
to submit to a chemical test when requested to do so by a law enforcement15
officer if he has refused to submit to such test on two previous and separate16
occasions of any such violation.17
B.(1) Whoever violates the provisions of this Section shall be fined not18
less than three hundred dollars nor more than one thousand dollars, and shall19
be imprisoned for not less than ten days nor more than six months.20
(2) Imposition or execution of sentence shall not be suspended unless one21
of the following occurs:22
(a) The offender is placed on probation with the minimum conditions23
that he serve two days in jail and participate in a court-approved substance24
abuse program and participate in a court-approved driver improvement25
program.26
(b) The offender is placed on probation with the minimum conditions27
that he perform thirty-two hours of court-approved community service28
activities, at least half of which shall consist of participation in a litter29 SB NO. 277
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abatement or collection program, participate in a court-approved substance1
abuse program, and participate in a court-approved driver improvement2
program. An offender who participates in a litter abatement or collection3
program pursuant to this Subparagraph shall have no cause of action for4
damages against the entity conducting the program or supervising his5
participation therein, as provided by R.S. 14:98.5(D).6
§98.8. Operating a vehicle while under suspension for certain prior offenses7
A. It is unlawful to operate a motor vehicle on a public highway where8
the operator's driving privileges have been suspended under the authority of9
R.S. 32:414(A)(1), (B)(1) or (2), (D)(1)(a), or R.S. 32:667. It shall not be a10
violation of the provisions of this Section when a person operates a motor11
vehicle to obtain emergency medical care for himself or any other person.12
B. Whoever violates the provisions of this Section shall be imprisoned for13
not less than fifteen days nor more than six months without benefit of14
suspension of imposition or execution of sentence, except as provided in15
Subsection C.16
C. When the operator's driving privileges were suspended for17
manslaughter, vehicular homicide, or negligent homicide, the offender shall be18
imprisoned for not less than sixty days nor more than six months without19
benefit of suspension of imposition or execution of sentence.20
Section 2.  The provisions of this Act shall become effective on January 1, 2015.21
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alden A. Clement Jr.
DIGEST
Perry (SB 277)
Present law defines the crime of operating a vehicle while intoxicated (DWI) as the
operating of any motor vehicle under any of the following conditions:
(1)The operator is under the influence of alcoholic beverages.
(2)The operator is under the influence of a controlled dangerous substance.
(3)The operator is under the influence of one or more drugs that are not controlled
dangerous substances, whether alone or in combination with alcohol. SB NO. 277
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(4)The operator's blood alcohol concentration (BAC) is 0.08 percent or more by weight
based on grams of alcohol per 100 cubic centimeters of blood.
Proposed law retains present law.
Present law (Child Endangerment Law) provides that when the state proves that a minor
child 12 years of age or younger was a passenger in the vehicle, the mandatory minimum
sentences for DWI first and subsequent offenses cannot be suspended.
Proposed law retains present law.
Present law provides that a "prior conviction" for purposes of present law DWI sentencing
provisions includes a conviction for the present law crimes of DWI, vehicular homicide,
vehicular negligent injuring, first degree vehicular negligent injuring, or a conviction under
the laws of any other jurisdiction that prohibits the operation of a vehicle while impaired or
under the influence of alcohol, drugs, or any controlled dangerous substance. Present law
further provides that a "prior conviction" does not include a conviction for an offense
committed more than 10 years prior to the commission of the crime for which the defendant
is being tried.  Present law further provides that periods of time during which the offender
was awaiting trial, on parole or probation, under an order of attachment for failure to appear,
or incarcerated are to be excluded in computing the 10-year period.
Proposed law retains present law and adds the present law crime of third degree feticide to
the list of crimes constituting a prior conviction.
Present law provides that a conviction of a third or subsequent offense DWI is presumptive
evidence of the existence of a substance abuse disorder in the offender that poses a serious
threat to the health and safety of the public.
Proposed law retains present law.
Present law provides that if an offender placed on probation for a conviction of DWI fails
to complete required substance abuse treatment, or fails to participate in a driver
improvement program, or violates any other condition of probation, the offender's 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.
Proposed law retains present law.
Present law provides that on a conviction of a first offense DWI, the offender is to be fined
between $300 and $1,000, and imprisoned for not less than 10 days nor more than six
months.  Present law further provides that imposition or execution of sentence can be
suspended under certain circumstances provided for by present law, including serving 48
hours in jail or performing at least four eight-hour days of community service, half of which
must consist of litter abatement or collection.
Proposed law retains present law but changes the requirement of community service from
four eight-hour days to 32 hours. Proposed law also adds the requirement of participation
in a court-approved substance abuse program, which may include an assessment to
determine if the offender has a substance abuse disorder.  Proposed law further provides that
the court may require an ignition interlock device be installed on the offender's vehicle.
Present law requires that on a conviction of a first offense DWI, if the offender had a BAC
of 0.15 percent or more, then at least 48 hours of the sentence must be served without the
benefit of parole, probation, or suspension of sentence. Present law further requires that if
the offender had a BAC of 0.20 percent or more, then he is to be fined between $750 and
$1,000 and serve at least 48 hours of the sentence without the benefit of parole, probation,
or suspension of sentence. SB NO. 277
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words in boldface type and underscored are additions.
Proposed law retains present law.
Present law provides that on a conviction of a first offense DWI when the offender's BAC
was 0.20 percent or more, the offender's driver's license is to be suspended for two years.
Present law further allows the offender to obtain a restricted driver's license upon proof to
the Dept. of Public Safety and Corrections (DPSC) that he has installed an ignition interlock
device on his vehicle.
Proposed law retains present law.
Present law provides that all or part of the offender's sentence may be served under home
incarceration.
Proposed law retains present law.
Proposed law provides that the total period of imprisonment for first offense DWI, including
imprisonment for default in payment of a fine or costs, cannot exceed six months.
Present law provides that on a conviction of a second offense DWI, regardless of whether
the second offense occurred before or after the first conviction, the offender is to be fined
between $750 and $1,000, and imprisoned for not less than 30 days nor more than six
months. Present law further provides that at least 48 hours of the sentence is to be served
without benefit of parole, probation, or suspension of sentence.  Present law further provides
that the offender may be sentenced to home incarceration, and provides that imposition or
execution of the remainder of the sentence over 48 hours can be suspended under certain
circumstances provided for by 	present law, including serving 15 days in jail or performing
at least 30 eight-hour days of community service, half of which must consist of litter
abatement or collection, participating in a court-approved substance abuse program, and
participating in a court-approved driver improvement program.
Proposed law requires a minimum of 15 days in jail rather than a fixed period of 15 days in
jail as provided for by present law. Proposed law provides that the total period of
imprisonment for first offense DWI, including imprisonment for default in payment of a fine
or costs, cannot exceed six months.  Proposed law further provides that the substance abuse
program provided for by present law may include assessment to determine if the offender
has a substance abuse disorder.  Proposed law further provides that the court is to require an
ignition interlock device be installed on the offender's vehicle for at least six months. 
Proposed law otherwise retains present law. 
Present law requires that on a conviction of a second offense DWI, if the offender had a
BAC of 0.15 percent or more, then at least 96 hours of the sentence must be served without
the benefit of parole, probation, or suspension of sentence.  Present law further requires that
if the offender had a BAC of 0.20 percent or more, then he is to be fined $1,000 and serve
at least 96 hours of the sentence without the benefit of parole, probation, or suspension of
sentence.
Proposed law retains present law .
Present law provides that on a conviction of a second offense DWI when the offender's BAC
was 0.20 percent or more, the offender's driver's license is to be suspended for four years.
Present law further requires the installation of an ignition interlock device on the offender's
vehicle. Present law further allows the offender to obtain a restricted driver's license upon
proof to DPSC that the ignition interlock device has been installed on the offender's vehicle.
Proposed law retains present law.
Present law provides that on a conviction of a second offense DWI when the arrest for the SB NO. 277
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words in boldface type and underscored are additions.
second offense occurs within one year of the commission of the first offense, the offender
is to be imprisoned for 30 days without benefit of parole, probation, or suspension of
sentence and must participate in a court-approved substance abuse program and in a court-
approved driver improvement program.
Proposed law retains present law and clarifies that the defendant convicted of a second
offense within one year of the first offense is also to be fined $1,000.
Present law provides that all or part of the offender's sentence for a second offense DWI may
be served under home incarceration if otherwise allowed under present law relative to home
incarceration generally.
Proposed law retains present law.
Present law provides that on a conviction of a second offense DWI when the first offense
was for the present law crime of vehicular homicide or first degree vehicular negligent
injuring, the offender is to be fined $2,000 and imprisoned, with or without hard labor, for
between one year and five years, at least six months of which must be without benefit of
parole, probation, or suspension of sentence.  Present law further provides that the remainder
of the sentence may be suspended if the offender is placed on probation with the
requirements that he serve 15 days in jail and participate in a court-approved substance abuse
program and a court-approved driver improvement program, or perform 30 eight-hour days
of community service.
Proposed law retains present law and adds the present law crime of third degree feticide to
the list of crimes resulting in an enhanced sentence for second offense DWI. Proposed law
adds that the substance abuse program provided for by present law may include an
assessment to determine if the offender has a substance abuse disorder. Proposed law also
adds that an offender placed on probation must be placed in a home incarceration program
for at least six months.
Present law provides that on a conviction of a third offense DWI, regardless of whether the
third offense occurred before or after an earlier conviction, the offender is to be fined $2,000
and imprisoned, with or without hard labor, for between one and five years, with one year
of the sentence served without benefit of parole, probation, or suspension of sentence.
Present law further provides that the one-year mandatory minimum sentence can be
suspended if the offender is accepted into a drug division program as provided for by present
law.
Present law further provides that the remainder of the sentence can be suspended and the
offender placed on supervised probation with DPSC for the remainder of the sentence, with
the conditions that the offender participate in 30 eight-hour days of court-approved
community service and either undergo an evaluation by the Dept. of Health and Hospitals
(DHH) to determine the nature and extent of the offender's substance abuse disorder and
participate in any recommended treatment plan, or participate in substance abuse treatment
in a program provided by a drug division pursuant to present law.  Present law further
requires an offender placed on probation pursuant to present law be placed in a home
incarceration program for at least six months.  Present law further provides that the
offender's vehicle may be seized and sold pursuant to present law.
Proposed law retains present law but changes the community service requirement 	from 30
eight-hour days to 240 hours.
Present law requires that an ignition interlock device be installed on the offender's vehicle
and allows the offender to obtain a restricted driver's license.
Proposed law retains present law. SB NO. 277
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words in boldface type and underscored are additions.
Proposed law provides that if the offender convicted of a third offense DWI has previously
received the benefit of parole, probation, or suspension of sentence, then on a subsequent
conviction the offender is to be fined $2,000 and imprisoned at hard labor for between two
and five years. Proposed law further provides that at least two years of the sentence must
be served without benefit of parole, probation, or suspension of sentence.  Proposed law
further provides that such offender cannot be sentenced to home incarceration unless certain
proposed law conditions are met.
Present law provides that on a third or subsequent conviction of DWI, in addition to any
other sentence, the court is to 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 present law.  Present law further provides
that the proceeds of the sale are to be used first to pay court costs and towing and storage
costs, and the remainder is to be allocated pursuant to present law.
Proposed law retains present law.
Present law provides that on a conviction of a fourth offense DWI or subsequent DWI
offense, regardless of whether the fourth or subsequent offense occurred before or after an
earlier conviction, the offender is to be fined $5,000 and imprisoned, with or without hard
labor, for between ten and 30 years, with two years of the sentence served without benefit
of parole, probation, or suspension of sentence.  Present law further provides that the two-
year mandatory minimum sentence can be suspended if the offender is accepted into a drug
division program as provided for by 	present law.
Proposed law retains present law and adds that the mandatory minimum sentence of two
years for fourth offense DWI cannot be served on home incarceration.
Present law provides that if the offender has previously participated in a drug division
probation program pursuant to present law pursuant to a sentence imposed on a third or
subsequent offense DWI conviction, then three years of the sentence must be imposed
without benefit of parole, probation, or suspension of sentence.
Proposed law retains present law and adds that the offender is not to be eligible to have the
mandatory portion of his sentence suspended because of his participation in a drug division
program.
Present law provides that the court may suspend all or any part of the remainder of the
sentence of imprisonment, provided that the offender is placed on supervised probation with
DPSC for a period of five years, participate in 40 eight-hour days of court-approved
community service, be placed in a home incarceration program, and submit to either an
evaluation by DHH and participate in any treatment plan recommended or participate in
substance abuse treatment in a program provided by a drug division pursuant to present law.
Proposed law retains present law but changes the requirement of community service 	from
40 eight-hour days to 320 hours.
Present law requires the installation of an ignition interlock device on the offender's vehicle.
Present law further allows the offender to obtain a restricted driver's license after one year
of suspension upon proof to DPSC that the ignition interlock device has been installed on
the offender's vehicle.
Proposed law retains present law.
Present law provides that 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 DWI violation, then on a conviction of a fourth or subsequent
offense the offender is to be imprisoned at hard labor for not less than ten nor more than 30 SB NO. 277
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years, at least three years of which are to be imposed without benefit of parole, probation,
or suspension of sentence. Present law further provides that the offender is not eligible to
have the mandatory portion of his sentence suspended because of his participation in a drug
division program and the mandatory minimum sentence cannot be served on home
incarceration.
Proposed law retains present law except to change the mandatory minimum sentence from
three years to five years and adds a fine of $5,000.
Present law provides that if the remainder of the sentence is suspended, the offender is to be
placed on supervised probation with DPSC for a period of five years but the offender cannot
be sentenced to substance abuse treatment.
Proposed law retains present law and adds that nothing in proposed law prohibits the court
from ordering substance abuse treatment if it determines that the offender is able to pay for
the substance abuse treatment.
Present law provides that if the offender has previously received the benefit of suspension
of sentence, probation, or parole on a conviction of a fourth or subsequent offense DWI, then
on a subsequent conviction of a fourth or greater offense, the offender is to be imprisoned
at hard labor for between ten and 30 years.
Proposed law retains present law and adds a fine of $5,000.
Present law provides that the offender's vehicle may be seized and sold pursuant to present
law.
Proposed law retains present law.
Present law provides that the state will pay the costs of substance abuse treatment.
Proposed law provides that the state will pay the costs of substance abuse treatment only on
third and subsequent DWI convictions, except where imposed as a condition of probation.
Proposed law provides that for felony DWI violations, the mandatory minimum sentence
imposed by the court cannot be served on home incarceration unless either DPSC
recommends home incarceration and specific conditions of that home incarceration, or the
district attorney recommends home incarceration.
Present law provides that except as otherwise provided by present law, on a misdemeanor
DWI violation or on a felony DWI violation after the offender has served the mandatory
minimum sentence, the court may sentence the offender to home incarceration.  Present law
further provides that when the court sentences an offender to home incarceration, the
offender is subject to special conditions to be determined by the court, including electronic
monitoring, curfew restrictions, obtaining employment, and participation in a court-approved
driver improvement program.
Proposed law retains present law and adds that the court may also order nonelectronic
monitored home incarceration as a condition of probation for a first or second conviction
where the period of home incarceration is less than five days.
Present law provides that the activities of the offender outside of his home are to be limited
to traveling to and from work, church services, Alcoholics Anonymous meetings, and a
court-approved driver improvement program.
Proposed law retains present law and adds Narcotics Anonymous meetings and other
secular-based addiction recovery group meetings, accredited educational institutions,
meetings with a probation or parole officer, court-ordered community service activities, and SB NO. 277
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court-ordered substance abuse treatments to the list of approved activities outside the home
during the period of home incarceration.
Proposed law provides that 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 DWI violation, is not eligible
for home incarceration until the offender has first served a minimum of 48 consecutive hours
of imprisonment.
Present law provides that when the offender is on probation for a third or subsequent offense,
or on a second offense with home incarceration, a home visitation is to be conducted at least
once per month by DPSC for the first six months, and after the first six months, the level of
supervision is to be determined based upon a risk assessment instrument.
Proposed law retains present law.
Present law provides that an offender who is ordered to install an ignition interlock device
as a condition of probation cannot operate, rent, lease, or borrow a motor vehicle unless that
vehicle is equipped with a functioning ignition interlock device, or request another person
to blow into an ignition interlock device or to start a vehicle equipped with the device to
provide an operable vehicle.
Proposed law retains present law and adds the condition that the offender cannot violate the
conditions of his restricted driver's license as set by DPSC.
Proposed law provides that if the court imposes the use of an ignition interlock device as a
condition of probation, the offender must provide proof of compliance to the court or the
probation officer within 30 days, or the court is to revoke the offender's probation.
Proposed law retains present law.
Present law defines "community service activities" to include participation in a litter
abatement or collection program and 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.
Proposed law retains present law.
Present law provides that an offender who participates in a litter abatement or collection
program has no cause of action for damages against the entity conducting the program or
supervising the offender's participation therein, nor against any official, employee, or agent
of such entity, for any injury or loss suffered during his participation in the program, if such
injury is a direct result of the lack of supervision or act or omission of the supervisor, unless
the injury or loss was caused by the intentional or grossly negligent act or omission of the
entity or its official, employee, or agent.
Proposed law retains present law.
Present law defines the crime of underage operating while intoxicated (underage DWI) as
the operating of any motor vehicle, aircraft, watercraft, vessel, or other means of conveyance
when the operator's BAC is 0.02 percent or more, if the operator is under the age of 21.
Proposed law retains present law.
Present law provides that if the offender's BAC is 0.08 percent or more, he is to be charged
under present law relative to DWI rather than underage DWI. SB NO. 277
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words in boldface type and underscored are additions.
Present law provides that on a first conviction of underage DWI the offender is to be fined
between $100 and $250 and participate in a court-approved substance abuse and driver
improvement program.
Proposed law retains present law and adds a term of imprisonment of between ten days and
three months, which sentence can be suspended if the offender performs 32 hours of
community service and participates in a court-approved substance abuse and driver
education program.
Present law provides that on a second or subsequent conviction of underage DWI the
offender is to be fined between $150 and $500 and imprisoned for between ten days and
three months, which sentence can be suspended if the offender performs ten eight-hour days
of community service and participates in a substance abuse and driver improvement
program.
Proposed law increases the minimum fine from $150 to $250 and increases the minimum
term of imprisonment from ten days to 30 days and increases the maximum sentence from
three months to six months, which sentence can be suspended if the offender is placed on
probation with the minimum conditions that he serve 48 hours in jail or perform at least 80
hours of community service, participate in a driver improvement program, and participate
in a substance abuse program, which may include an assessment by a licensed clinician to
determine if the offender has a substance abuse disorder.
Proposed law adds that the court may sentence an offender to home incarceration for
underage DWI and that the court may order the offender to install an ignition interlock
device on his vehicle.
Proposed law otherwise retains present law.
Present law provides relative to the crime of refusal to submit to chemical tests, and provides
that no person under arrest for DWI or any other similar law or ordinance may refuse to
submit to a chemical test when requested to do so by a law enforcement officer, if he has
refused to submit to such test on two previous and separate occasions of any such violation.
Proposed law retains present law.
Present law provides that whoever violates the provisions of present law is to be fined
between $300 and $1,000 and imprisoned for between ten days and six months, which
sentence can be suspended only if the offender is either placed on probation with the
minimum conditions that he serve two days in jail and participate in substance abuse and
driver improvement programs, or perform 32 hours of community service and participate in
substance abuse and driver improvement programs.
Proposed law retains present law.
Present law provides relative to the crime of operating a vehicle while under suspension for
certain prior offenses, and provides that it is unlawful to operate a motor vehicle on a public
highway where the operator's driving privileges have been suspended under the authority of
certain provisions of present law, unless the person is operating the vehicle to obtain
emergency medical care for himself or any other person.
Proposed law retains present law.
Present law provides that whoever violates the provisions of present law is to be imprisoned
for between 15 days and six months without benefit of suspension of imposition or execution
of sentence, except that when the operator's driving privileges were suspended for
manslaughter, vehicular homicide, or negligent homicide, the offender is to be imprisoned
for between 60 days and six months without benefit of suspension of imposition or execution SB NO. 277
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of sentence.
Proposed law retains present law.
Effective January 1, 2015.
(Amends R.S. 14:98, 98.1, 98.2, and 98.3; adds R.S. 14:98.4, 98.5, 98.6, 98.7, and 98.8)