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Regular Session, 2014 ENROLLED
SENATE BILL NO. 277
BY SENATORS PERRY, DORSEY-COLOMB AND GUI LLORY
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 of3
operating a motor vehicle while intoxicated, underage operating a vehicle while4
intoxicated, unlawful refusal to submit to chemical tests, and operating a vehicle5
while under suspension; to provide definitions; to provide penalties; and to provide6
for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 14:98, 98.1, 98.2, and 98.3 are hereby amended and reenacted and9
R.S. 14:98.4, 98.5, 98.6, 98.7, and 98.8 are hereby enacted to read as follows: 10
§98. Operating a vehicle while intoxicated11
A.(1) The crime of operating a vehicle while intoxicated is the operating of12
any motor vehicle, aircraft, watercraft, vessel, or other means of conveyance when13
any of the following conditions exist:14
(a) The operator is under the influence of alcoholic beverages; or.15
(b) The operator's blood alcohol concentration is 0.08 percent or more by16
weight based on grams of alcohol per one hundred cubic centimeters of blood; or.17
(c) The operator is under the influence of any controlled dangerous substance18
listed in Schedule I, II, III, IV, or V as set forth in R.S. 40:964; or.19
(d)(i) The operator is under the influence of a combination of alcohol and one20
or more drugs which that are not controlled dangerous substances and which that21
are legally obtainable with or without a prescription.22
(ii) It shall be an affirmative defense to any charge under this Subparagraph23
pursuant to this Section that the label on the container of the prescription drug or the24
ACT No. 385 SB NO. 277 ENROLLED
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manufacturer's package of the drug does not contain a warning against combining1
the medication with alcohol.2
(e)(i) The operator is under the influence of one or more drugs which that are3
not controlled dangerous substances and which that are legally obtainable with or4
without a prescription.5
(ii) It shall be an affirmative defense to any charge under this Subparagraph6
pursuant to this Section that the operator did not knowingly consume quantities of7
the drug or drugs which that substantially exceed the dosage prescribed by the8
physician or the dosage recommended by the manufacturer of the drug.9
(2) A valid driver's license shall not be an element of the offense, and the lack10
thereof shall not be a defense to a prosecution for operating a vehicle while11
intoxicated.12
B.(1) On a first conviction, notwithstanding any other provision of law to the13
contrary, the offender shall be fined not less than three hundred dollars nor more than14
one thousand dollars, and shall be imprisoned for not less than ten days nor more15
than six months. Imposition or execution of sentence shall not be suspended unless:16
(a) The offender is placed on probation with a minimum condition that he17
serve two days in jail and participate in a court-approved substance abuse program18
and participate in a court-approved driver improvement program; or19
(b) The offender is placed on probation with a minimum condition that he20
perform four eight-hour days of court-approved community service activities, at least21
half of which shall consist of participation in a litter abatement or collection22
program, participate in a court-approved substance abuse program, and participate23
in a court-approved driver improvement program. An offender, who participates in24
a litter abatement or collection program pursuant to this Subparagraph, shall have no25
cause of action for damages against the entity conducting the program or supervising26
his participation therein, including a municipality, parish, sheriff, or other entity, nor27
against any official, employee, or agent of such entity, for any injury or loss suffered28
by him during or arising out of his participation in the program, if such injury or loss29
is a direct result of the lack of supervision or act or omission of the supervisor, unless30 SB NO. 277 ENROLLED
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the injury or loss was caused by the intentional or grossly negligent act or omission1
of the entity or its official, employee, or agent.2
(2)(a) If the offender had a blood alcohol concentration of 0.15 percent or3
more by weight based on grams of alcohol per one hundred cubic centimeters of4
blood, at least forty-eight hours of the sentence imposed pursuant to Paragraph5
(B)(1) of this Subsection shall be served without the benefit of parole, probation, or6
suspension of sentence. Imposition or execution of the remainder of the sentence7
shall not be suspended unless the offender complies with Subparagraph (B)(1)(a) or8
(b) of this Subsection.9
(b) If the offender had a blood alcohol concentration of 0.20 percent or more10
by weight based on grams of alcohol per one hundred cubic centimeters of blood, the11
offender shall be fined not less than seven hundred fifty dollars nor more than one12
thousand dollars and at least forty-eight hours of the sentence imposed pursuant to13
Paragraph (B)(1) of this Subsection shall be served without the benefit of parole,14
probation, or suspension of sentence. Imposition or execution of the remainder of the15
sentence shall not be suspended unless the offender complies with Subparagraph16
(B)(1)(a) or (b) of this Subsection.17
C.(1) On a conviction of a second offense, notwithstanding any other18
provision of law to the contrary except as provided in Paragraphs (3) and (4) of this19
Subsection, regardless of whether the second offense occurred before or after the20
first conviction, the offender shall be fined not less than seven hundred fifty dollars,21
nor more than one thousand dollars, and shall be imprisoned for not less than thirty22
days nor more than six months. At least forty-eight hours of the sentence imposed23
shall be served without benefit of parole, probation, or suspension of sentence.24
Nothing herein shall prohibit a court from sentencing a defendant to home25
incarceration, if otherwise allowed under the provisions of Article 894.2 of the Code26
of Criminal Procedure. Imposition or execution of the remainder of the sentence27
shall not be suspended unless:28
(a) The offender is placed on probation with a minimum condition that he29
serve fifteen days in jail and participate in a court-approved substance abuse program30 SB NO. 277 ENROLLED
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and participate in a court-approved driver improvement program; or1
(b) The offender is placed on probation with a minimum condition that he2
perform thirty eight-hour days of court-approved community service activities, at3
least half of which shall consist of participation in a litter abatement or collection4
program, and participate in a court-approved substance abuse program, and5
participate in a court-approved driver improvement program. An offender, who6
participates in a litter abatement or collection program pursuant to this7
Subparagraph, shall have no cause of action for damages against the entity8
conducting the program or supervising his participation therein, including a9
municipality, parish, sheriff, or other entity, nor against any official, employee, or10
agent of such entity, for any injury or loss suffered by him during or arising out of11
his participation therein, if such injury or loss is a direct result of the lack of12
supervision or act or omission of the supervisor, unless the injury or loss was caused13
by the intentional or grossly negligent act or omission of the entity or its official,14
employee, or agent.15
(2)(a) If the offender had a blood alcohol concentration of 0.15 percent or16
more by weight based on grams of alcohol per one hundred cubic centimeters of17
blood, at least ninety-six hours of the sentence imposed pursuant to Paragraph (1) of18
this Subsection shall be served without the benefit of parole, probation, or suspension19
of sentence. Imposition or execution of the remainder of the sentence shall not be20
suspended unless the offender complies with Subparagraph (1)(a) or (b) of this21
Subsection.22
(b) If the offender had a blood alcohol concentration of 0.20 percent or more23
by weight based on grams of alcohol per one hundred cubic centimeters of blood, the24
offender shall be fined one thousand dollars and at least ninety-six hours of the25
sentence imposed pursuant to Paragraph (1) of this Subsection shall be served26
without the benefit of parole, probation, or suspension of sentence. Imposition or27
execution of the remainder of the sentence shall not be suspended unless the offender28
complies with Subparagraph (1)(a) or (b) of this Subsection.29
(3) Notwithstanding the provisions of Paragraph (1) of this Subsection, on a30 SB NO. 277 ENROLLED
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conviction of a second offense when the first offense was for the crime of vehicular1
homicide in violation of R.S. 14:32.1, or first degree vehicular negligent injuring in2
violation of R.S. 14:39.2, the offender shall be imprisoned with or without hard labor3
for not less than one year nor more than five years, and shall be fined two thousand4
dollars. At least six months of the sentence of imprisonment imposed shall be5
without benefit of probation, parole, or suspension of sentence. Imposition or6
execution of the remainder of the sentence shall not be suspended unless the7
provisions of Subparagraph (1)(a) or (b) of this Subsection are complied with.8
(4) Notwithstanding the provisions of Paragraph (1) of this Subsection, on a9
conviction of a second offense when the arrest for the second offense occurs within10
one year of the commission of the first offense, the offender shall be imprisoned for11
thirty days without benefit of parole, probation, or suspension of sentence and shall12
participate in a court-approved substance abuse program and in a court-approved13
driver improvement program.14
D.(1)(a) On a conviction of a third offense, notwithstanding any other15
provision of law to the contrary and regardless of whether the offense occurred16
before or after an earlier conviction, the offender shall be imprisoned with or without17
hard labor for not less than one year nor more than five years and shall be fined two18
thousand dollars. Except as provided in Paragraph (4) of this Subsection, one year19
of the sentence of imprisonment shall be imposed without benefit of probation,20
parole, or suspension of sentence. The court, in its discretion, may suspend all or21
any part of the remainder of the sentence of imprisonment. If any portion of the22
sentence is suspended, except for a suspension of sentence pursuant to the provisions23
of Paragraph (4) of this Subsection, the offender shall be placed on supervised24
probation with the Department of Public Safety and Corrections, division of25
probation and parole, for a period of time equal to the remainder of the sentence of26
imprisonment, which probation shall commence on the day after the offender's27
release from custody.28
(b) Any offender placed on probation pursuant to the provisions of this29
Subsection shall be required as a condition of probation to participate in thirty eight-30 SB NO. 277 ENROLLED
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hour days of court-approved community service activities and to submit to and1
complete either of the following requirements:2
(i) To immediately undergo an evaluation by the Department of Health and3
Hospitals, office of behavioral health to determine the nature and extent of the4
offender's substance abuse disorder and to participate in any treatment plan5
recommended by the office of behavioral health, including treatment in an inpatient6
facility approved by the office for a period of not less than four weeks followed by7
outpatient treatment services for a period not to exceed twelve months.8
(ii) To participate in substance abuse treatment in an alcohol and drug abuse9
program provided by a drug division subject to the applicable provisions of R.S.10
13:5301 et seq. if the offender is otherwise eligible to participate in such program.11
(c) In addition to the requirements set forth in Subparagraph (b) of this12
Paragraph, any offender placed on probation pursuant to the provisions of Subsection13
D of this Section shall be placed in a home incarceration program approved by the14
division of probation and parole for a period of time not less than six months and not15
more than the remainder of the sentence of imprisonment.16
(d) If any offender placed on probation pursuant to the provisions of17
Subsection D of this Section fails to complete the substance abuse treatment required18
by the provisions of this Paragraph or violates any other condition of probation,19
including conditions of home incarceration, his probation may be revoked, and he20
may be ordered to serve the balance of the sentence of imprisonment, without credit21
for time served under home incarceration.22
(2)(a) In addition, the court shall order, subject to the discretion of the23
prosecuting district attorney, that the vehicle being driven by the offender at the time24
of the offense shall be seized and impounded, and sold at auction in the same manner25
and under the same conditions as executions of writ of seizures and sale as provided26
in Book V, Title II, Chapter 4 of the Code of Civil Procedure. If the district attorney27
elects to forfeit the vehicle, he shall file a written motion at least five days prior to28
sentencing stating his intention to forfeit the vehicle. When the district attorney29
elects to forfeit the vehicle, the court shall order it forfeited.30 SB NO. 277 ENROLLED
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(b) The vehicle shall be exempt from sale if it was stolen, or if the driver of1
the vehicle at the time of the violation was not the owner and the owner did not know2
that the driver was operating the vehicle while intoxicated. If this exemption is3
applicable, the vehicle shall not be released from impoundment until such time as4
towing and storage fees have been paid.5
(c) In addition, the vehicle shall be exempt from sale if all towing and storage6
fees are paid by a valid lienholder.7
(d) The proceeds of the sale shall first be used to pay court costs and towing8
and storage costs, and the remainder shall be allocated as follows: sixty percent of9
the funds shall go to the arresting agency, twenty percent to the prosecuting district10
attorney, and twenty percent to the Louisiana Property and Casualty Insurance11
Commission for its use in studying other ways to reduce drunk driving and insurance12
rates.13
(3)(a) An offender sentenced to home incarceration during probation shall be14
subject to special conditions to be determined by the court, which shall include but15
not be limited to the following:16
(i) Electronic monitoring.17
(ii) Curfew restrictions.18
(iii) Home visitation at least once per month by the Department of Public19
Safety and Corrections for the first six months. After the first six months, the level20
of supervision will be determined by the department based upon a risk assessment21
instrument.22
(b) The court shall also require the offender to obtain employment and to23
participate in a court-approved driver improvement program at his expense. The24
activities of the offender outside of his home shall be limited to traveling to and from25
work, church services, Alcoholics Anonymous meetings, or a court-approved driver26
improvement program.27
(c) Offenders sentenced to home incarceration required under the provisions28
of this Section shall be subject to all other applicable provisions of Code of Criminal29
Procedure Article 894.2.30 SB NO. 277 ENROLLED
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(4) Notwithstanding the provisions of Subparagraph (1)(a) of this Subsection,1
the one-year period described in Paragraph (1) of this Subsection which shall2
otherwise be imposed without the benefit of probation, parole, or suspension of3
sentence, may also be suspended if the offender is accepted into a drug division4
probation program pursuant to R.S. 13:5301 et seq. The provisions of Paragraph (2)5
of this Subsection shall also be applicable to any offender whose sentence is served6
with the benefit of probation, parole, or suspension of sentence pursuant to the7
provisions of this Paragraph.8
E.(1)(a) Except as otherwise provided in Subparagraph (4)(b) of this9
Subsection, on a conviction of a fourth or subsequent offense, notwithstanding any10
other provision of law to the contrary and regardless of whether the fourth offense11
occurred before or after an earlier conviction, the offender shall be imprisoned with12
or without hard labor for not less than ten years nor more than thirty years and shall13
be fined five thousand dollars. Except as provided in Paragraph (5) of this14
Subsection, two years of the sentence of imprisonment shall be imposed without15
benefit of parole, probation, or suspension of sentence. The court, in its discretion,16
may suspend all or any part of the remainder of the sentence of imprisonment. If any17
portion of the sentence is suspended, except for a suspension of sentence pursuant18
to the provisions of Paragraph (5) of this Subsection, the offender shall be placed on19
supervised probation with the Department of Public Safety and Corrections, division20
of probation and parole, for a period of time not to exceed five years, which21
probation shall commence on the day after the offender's release from custody.22
(b) Any offender placed on probation pursuant to the provisions of this23
Subsection shall be required, as a condition of probation, to participate in forty eight-24
hour days of court-approved community service activities and to submit to and25
complete either of the following requirements:26
(i) To immediately undergo an evaluation by the Department of Health and27
Hospitals, office of behavioral health to determine the nature and extent of the28
offender's substance abuse disorder and to participate in any treatment plan29
recommended by the office of behavioral health, including treatment in an inpatient30 SB NO. 277 ENROLLED
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facility approved by the office for a period of not less than four weeks followed by1
outpatient treatment services for a period not to exceed twelve months.2
(ii) To participate in substance abuse treatment in an alcohol and drug abuse3
program provided by a drug division subject to the applicable provisions of R.S.4
13:5301 et seq. if the offender is otherwise eligible to participate in such program.5
(c) In addition to the requirements set forth in Subparagraph (b) of this6
Paragraph, any offender placed on probation pursuant to the provisions of Subsection7
E of this Section shall be placed in a home incarceration program approved by the8
division of probation and parole for a period of time not less than one year nor more9
than the remainder of the term of supervised probation.10
(d) If any offender placed on probation pursuant to the provisions of11
Subsection E of this Section fails to complete the substance abuse treatment required12
by the provisions of this Paragraph or violates any other condition of probation,13
including conditions of home incarceration, his probation may be revoked, and he14
may be ordered to serve the balance of the sentence of imprisonment, without credit15
for time served under home incarceration.16
(2)(a) In addition, the court shall order, subject to the discretion of the17
prosecuting district attorney, that the vehicle being driven by the offender at the time18
of the offense be seized and impounded, and be sold at auction in the same manner19
and under the same conditions as executions of writ of seizure and sale as provided20
in Book V, Title II, Chapter 4 of the Code of Civil Procedure. If the district attorney21
elects to forfeit the vehicle, he shall file a written motion at least five days prior to22
sentencing stating his intention to forfeit the vehicle.23
(b) The vehicle shall be exempt from sale if it was stolen, or if the driver of24
the vehicle at the time of the violation was not the owner and the owner did not know25
that the driver was operating the vehicle while intoxicated. If this exemption is26
applicable, the vehicle shall not be released from impoundment until such time as27
towing and storage fees have been paid.28
(c) In addition, the vehicle shall be exempt from sale if all towing and storage29
fees are paid by a valid lienholder.30 SB NO. 277 ENROLLED
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(d) The proceeds of the sale shall first be used to pay court costs and towing1
and storage costs, and the remainder shall be allocated as follows: sixty percent of2
the funds shall go to the arresting agency, twenty percent to the prosecuting district3
attorney, and twenty percent to the Louisiana Property and Casualty Insurance4
Commission for its use in studying other ways to reduce drunk driving and insurance5
rates.6
(3)(a) An offender sentenced to home incarceration during probation shall be7
subject to special conditions to be determined by the court, which shall include but8
not be limited to the following:9
(i) Electronic monitoring.10
(ii) Curfew restrictions.11
(iii) Home visitation at least once per month by the Department of Public12
Safety and Corrections for the first six months. After the first six months, the level13
of supervision will be determined by the department based upon a risk assessment14
instrument.15
(b) The court shall also require the offender to obtain employment and to16
participate in a court-approved driver improvement program at his expense. The17
activities of the offender outside of his home shall be limited to traveling to and from18
work, church services, Alcoholics Anonymous meetings, or a court-approved driver19
improvement program.20
(c) Offenders sentenced to home incarceration required under the provisions21
of this Section shall be subject to all other applicable provisions of Code of Criminal22
Procedure Article 894.2.23
(4)(a) If the offender has previously been required to participate in substance24
abuse treatment and home incarceration pursuant to Subsection D of this Section, the25
offender shall not be sentenced to substance abuse treatment and home incarceration26
for a fourth or subsequent offense, but shall be imprisoned at hard labor for not less27
than ten nor more than thirty years, and at least three years of the sentence shall be28
imposed without benefit of suspension of sentence, probation, or parole.29
(b) If the offender has previously received the benefit of suspension of30 SB NO. 277 ENROLLED
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sentence, probation, or parole as a fourth offender, after serving the mandatory1
sentence required by Subparagraph (E)(1)(a), no part of the remainder of the2
sentence may be imposed with benefit of suspension of sentence, probation, or3
parole, and no portion of the sentence shall be imposed concurrently with the4
remaining balance of any sentence to be served for a prior conviction for any5
offense.6
(5)(a) Notwithstanding the provisions of Subparagraph (1)(a) of this7
Subsection, the two-year period described in Paragraph (1) of this Subsection which8
shall otherwise be imposed without the benefit of parole, probation, or suspension9
of sentence may also be suspended if the offender is accepted into a drug division10
probation program pursuant to R.S. 13:5301 et seq. The provisions of Paragraph (2)11
of this Subsection shall also be applicable to any offender whose sentence is served12
with the benefit of probation, parole, or suspension of sentence pursuant to the13
provisions of this Subparagraph.14
(b) If the offender has previously participated in a drug division probation15
program pursuant to the provisions of Paragraph (D)(4) of this Section, the offender16
shall not be eligible to serve his sentence with the benefit of probation, parole, or17
suspension of sentence pursuant to the provisions of Subparagraph (a) of this18
Paragraph, but shall be imprisoned at hard labor for not less than ten nor more than19
thirty years, and at least three years of the sentence shall be imposed without benefit20
of suspension of sentence, probation, or parole.21
F.(1) For purposes of determining whether a defendant has a prior conviction22
for violation of this Section, a conviction under either R.S. 14:32.1, vehicular23
homicide, R.S. 14:39.1, vehicular negligent injuring, or R.S. 14:39.2, first degree24
vehicular negligent injuring, or a conviction under the laws of any state or an25
ordinance of a municipality, town, or similar political subdivision of another state,26
which prohibits the operation of any motor vehicle, aircraft, watercraft, vessel, or27
other means of conveyan ce while intoxicated, while impaired, or while under the28
influence of alcohol, drugs, or any controlled dangerous substance shall constitute29
a prior conviction. This determination shall be made by the court as a matter of law.30 SB NO. 277 ENROLLED
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(2) For purposes of this Section, a prior conviction shall not include a1
conviction for an offense under this Section, under R.S. 14:32.1, R.S. 14:39.1, or2
R.S. 14:39.2, or under a comparable statute or ordinance of another jurisdiction, as3
described in Paragraph (1) of this Subsection, if committed more than ten years prior4
to the commission of the crime for which the defendant is being tried and such5
conviction shall not be considered in the assessment of penalties hereunder.6
However, periods of time during which the offender was awaiting trial, on probation7
or parole for an offense described in Paragraph (1) of this Subsection, under an order8
of attachment for failure to appear, or incarcerated in a penal institution in this or any9
other state shall be excluded in computing the ten-year period.10
G. The legislature hereby finds and declares that conviction of a third or11
subsequent DWI offense is presumptive evidence of the existence of a substance12
abuse disorder in the offender posing a serious threat to the health and safety of the13
public. Further, the legislature finds that there are successful treatment methods14
available for treatment of addictive disorders. Court-approved substance abuse15
programs provided for in Subsections B, C, and D of this Section shall include a16
screening procedure to determine the portions of the program which may be17
applicable and appropriate for individual offenders and shall assess the offender's18
degree of alcohol abuse.19
H. "Community service activities" as used in this Section may include duty20
in any morgue, coroner's office, or emergency treatment room of a state-operated21
hospital or other state-operated emergency treatment facility, with the consent of the22
administrator of the morgue, coroner's office, hospital, or facility.23
I. An offender ordered to participate in a substance abuse program in24
accordance with the provisions of this Section shall pay the cost incurred in25
participating in the program. Failure to make such payment shall subject the offender26
to revocation of probation, unless the court determines that the offender is unable to27
pay. If the court determines that the offender is unable to pay, the state shall pay for28
the cost of the substance abuse treatment. An offender sentenced to home29
incarceration and to participate in a driver improvement program shall pay the cost30 SB NO. 277 ENROLLED
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incurred in participating in home incarceration and a driver improvement program1
unless the court determines that the offender is unable to pay. However, if the court2
determines that an offender is unable to pay the costs incurred for participating in a3
substance abuse treatment program, driver improvement program, or home4
incarceration, the court may, upon completion of such program or home5
incarceration, require that the offender reimburse the state for all or a portion of such6
costs pursuant to a payment schedule determined by the court.7
J. This Subsection shall be cited as the "Child Endangerment Law". When the8
state proves in addition to the elements of the crime as set forth in Subsection A of9
this Section that a minor child twelve years of age or younger was a passenger in the10
motor vehicle, aircraft, watercraft, vessel, or other means of motorized conveyance11
at the time of the commission of the offense, of the sentence imposed by the court,12
the execution of the minimum mandatory sentence provided by Subsection B or C13
of this Section, as appropriate, shall not be suspended. If imprisonment is imposed14
pursuant to the provisions of Subsection D, the execution of the minimum mandatory15
sentence shall not be suspended. If imprisonment is imposed pursuant to the16
provisions of Subsection E, at least two years of the sentence shall be imposed17
without benefit of suspension of sentence.18
K.(1) In addition to any penalties imposed under this Section, upon19
conviction of a first offense if the offender had a blood alcohol concentration of 0.2020
percent or more by weight based on grams of alcohol per one hundred cubic21
centimeters of blood the driver's license of the offender shall be suspended for two22
years. Such offender may apply for a restricted license to be in effect during the23
entire period of suspension upon proof to the Department of Public Safety and24
Corrections that his motor vehicle has been equipped with a functioning ignition25
interlock device in compliance with the requirements of R.S. 32:378.2. The ignition26
interlock device shall remain installed and operative on his vehicle during the first27
twelve-month period of suspension of his driver's license following the date of28
conviction.29
(2)(a) In addition to any penalties imposed under this Section, upon30 SB NO. 277 ENROLLED
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conviction of a second offense, any vehicle, while being operated by the offender,1
shall be equipped with a functioning ignition interlock device in accordance with the2
provisions of R.S. 15:306. This requirement shall remain in effect for a period of not3
less than six months. In addition, the device shall remain installed and operative4
during any period that the offender's operator's license is suspended under law and5
for any additional period as determined by the court.6
(b) In addition to any penalties imposed under this Section and7
notwithstanding the provisions of Subparagraph (2)(a) of this Subsection, upon8
conviction of a second offense if the offender had a blood alcohol concentration of9
0.20 percent or more by weight based on grams of alcohol per one hundred cubic10
centimeters of blood, the driver's license of the offender shall be suspended for four11
years. The offender may apply for a restricted license to be in effect during the12
period of suspension upon proof to the Department of Public Safety and Corrections13
that his motor vehicle has been equipped with a functioning ignition interlock device14
in compliance with the requirements of R.S. 32:378.2. The ignition interlock device15
shall remain installed and operative on his vehicle during the first three years of the16
four-year period of the suspension of his driver's license.17
(3)(a) Notwithstanding the provisions of Paragraph (1) of this Subsection and18
R.S. 32:414(D)(1)(b), upon conviction of a third or subsequent offense of the19
provisions of this Section, any motor vehicle, while being operated by the offender,20
shall be equipped with a functioning ignition interlock device in accordance with the21
provisions of R.S. 15:306. The ignition interlock device shall remain installed and22
operative until the offender has completed the requirements of substance abuse23
treatment and home incarceration, or, if applicable, the requirements of the drug24
division probation program provided in R.S. 13:5301 et seq., pursuant to the25
provisions of Subsections D and E of this Section.26
(b) Any offender convicted of a third or subsequent offense of the provisions27
of this Section shall, after one year of the suspension required by R.S.28
32:414(D)(1)(a), upon proof of the Department of Public Safety and Corrections that29
the motor vehicles being operated by the offender are equipped with functioning30 SB NO. 277 ENROLLED
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interlock devices, be issued a restricted driver's license. The restricted license shall1
be effective for the period of time that the offender's driver's license is suspended.2
The restricted license shall entitle the offender to operate the vehicles equipped with3
a functioning interlock device in order to earn a livelihood and to travel to and from4
the places designated in Paragraphs (D)(3) and (E)(3) of this Section.5
(4) The provisions of this Subsection shall not require installation of an6
ignition interlock device in any vehicle described in R.S. 32:378.2(I).7
B.(1) This Subsection shall be cited as the "Child Endangerment Law".8
(2) When the state proves, in addition to the elements of the crime as set9
forth in Subsection A of this Section, that a minor child twelve years of age or10
younger was a passenger in the motor vehicle, aircraft, watercraft, vessel, or11
other means of motorized conveyance at the time of the commission of the12
offense:13
(a) Except as provided in Subparagraphs (b) and (c) of this Paragraph,14
the execution of the minimum mandatory sentence provided by R.S. 14:98.1 or15
98.2, as appropriate, shall not be suspended.16
(b) Notwithstanding any provision of law to the contrary, if17
imprisonment is imposed pursuant to the provisions of R.S. 14:98.3, the18
execution of the minimum mandatory sentence shall not be suspended.19
(c) Notwithstanding any provision of law to the contrary, if20
imprisonment is imposed pursuant to the provisions of R.S. 14:98.4, the21
execution of the minimum mandatory sentence shall not be suspended.22
C. Prior convictions. (1) For purposes of determining whether a23
defendant has a prior conviction for a violation of this Section, a conviction24
under any of the following shall constitute a prior conviction:25
(a) R.S. 14:32.1, vehicular homicide.26
(b) R.S. 14:32.8, third degree feticide.27
(c) R.S. 14:39.1, vehicular negligent injuring.28
(d) R.S. 14:39.2, first degree vehicular negligent injuring.29
(e) A law of any state or an ordinance of a municipality, town, or similar30 SB NO. 277 ENROLLED
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political subdivision of another state that prohibits the operation of any motor1
vehicle, aircraft, watercraft, vessel, or other means of conveyance while2
intoxicated, while impaired, or while under the influence of alcohol, drugs, or3
any controlled dangerous substance.4
(2) The determination under this Subsection shall be made by the court5
as a matter of law.6
(3) For purposes of this Section, a prior conviction shall not include a7
conviction for an offense under this Section or under any offense listed in8
Paragraph (1) of this Subsection if committed more than ten years prior to the9
commission of the crime for which the defendant is being tried, and such10
conviction shall not be considered in the assessment of penalties in this Section.11
However, periods of time during which the offender was awaiting trial, on12
parole or probation for an offense under this Section or any offense described13
in Paragraph (1) of this Subsection, under an order of attachment for failure to14
appear, or incarcerated in a penal institution in this or any other state shall be15
excluded in computing the ten-year period.16
D. Penalties. (1) On a conviction of a first offense violation of the17
provisions of this Section, notwithstanding any other provision of law to the18
contrary, the offender shall be sentenced under the provisions of R.S. 14:98.1.19
(2)(a) Except as provided by Subparagraph (b) of this Paragraph, on a20
conviction of a second offense violation of the provisions of this Section,21
notwithstanding any other provision of law to the contrary and regardless of22
whether the second offense occurred before or after the first conviction, the23
offender shall be sentenced under the provisions of R.S. 14:98.2.24
(b) If the conviction of a second offense violation of the provisions of this25
Section when the first offense was for the crime of vehicular homicide in26
violation of R.S. 14:32.1, third degree feticide in violation of R.S. 14:32.8, or27
first degree vehicular negligent injuring in violation of R.S. 14:39.2, the offender28
shall be sentenced under the provisions of R.S. 14:98.2(D).29
(3) On a conviction of a third offense violation of the provisions of this30 SB NO. 277 ENROLLED
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Section, notwithstanding any other provision of law to the contrary and1
regardless of whether the offense occurred before or after an earlier conviction,2
the offender shall be sentenced under the provisions of R.S. 14:98.3.3
(4) On a conviction of a fourth or subsequent offense violation of the4
provisions of this Section, notwithstanding any other provision of law to the5
contrary and regardless of whether the fourth or subsequent offense occurred6
before or after an earlier conviction, the offender shall be sentenced under the7
provisions of R.S. 14:98.4.8
E. The legislature hereby finds and declares that conviction of a third or9
subsequent offense of operating while intoxicated is presumptive evidence of the10
existence of a substance abuse disorder that poses a serious threat to the health11
and safety of the public. Further, the legislature finds that there are successful12
treatment methods available for treatment of addictive disorders.13
F. Vehicle seizure and sale. (1) On a third or subsequent conviction of14
operating while intoxicated pursuant to this Section, in addition to any other15
sentence, the court shall order, upon motion of the prosecuting district attorney,16
that the vehicle being operated by the offender at the time of the offense be17
seized and impounded, and be sold at auction in the same manner and under the18
same conditions as executions of writs of seizure and sale as provided in Book19
V, Title II, Chapter 4 of the Code of Civil Procedure.20
(2) The vehicle shall be exempt from sale if it was stolen, or if the driver21
of the vehicle at the time of the violation was not the owner and the owner did22
not know that the driver was operating the vehicle while intoxicated. If this23
exemption is applicable, the vehicle shall not be released from impoundment24
until such time as towing and storage fees have been paid. In addition, the25
vehicle shall be exempt from sale if all towing and storage fees are paid by a26
valid lienholder.27
(3) If the district attorney elects to forfeit the vehicle, he shall file a28
written motion at least five days prior to sentencing, stating his intention to29
forfeit the vehicle. When the district attorney elects to forfeit the vehicle, the30 SB NO. 277 ENROLLED
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court shall order it forfeited.1
(4) The proceeds of the sale shall first be used to pay court costs and2
towing and storage costs, and the remainder shall be allocated as follows:3
(a) Sixty percent of the funds shall go to the arresting agency.4
(b) Twenty percent of the funds shall go to the prosecuting district5
attorney.6
(c) Twenty percent of the funds shall go to the Louisiana Property and7
Casualty Insurance Commission for its use in studying ways to reduce drunk8
driving and insurance rates.9
G.(1) If an offender placed on probation for a conviction of a violation10
of this Section fails to complete the required substance abuse treatment, or fails11
to participate in a driver improvement program, or violates any other condition12
of probation, including conditions of home incarceration, his probation may be13
revoked, and he may be ordered to serve the balance of the sentence of14
imprisonment, without credit for time served under home incarceration.15
(2) If the offender is found to be in violation of both the terms of his16
release for good behavior by the Department of Public Safety and Corrections,17
committee on parole, and in violation of his probation by the court, then the18
remaining balance of his diminution of sentence shall be served first, with the19
previously suspended sentence imposed by the court to run consecutively20
thereafter.21
§98.1. Underage driving under the influence Operating while intoxicated, first22
offense; penalties23
A. The crime of underage operating a vehicle while intoxicated is the24
operating of any motor vehicle, aircraft, watercraft, vessel, or other means of25
conveyance when the operator's blood alcohol concentration is 0.02 percent or more26
by weight if the operator is under the age of twenty-one based on grams of alcohol27
per one hundred cubic centimeters of blood.28
B. Any underage person whose blood alcohol concentration is found to be in29
violation of R.S. 14:98(A)(1)(b) shall be charged under its provisions rather than30 SB NO. 277 ENROLLED
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under this Section.1
C. On a first conviction, the offender shall be fined not less than one hundred2
nor more than two hundred fifty dollars, and participate in a court-approved3
substance abuse and driver improvement program.4
D. On a second or subsequent conviction, regardless of whether the second5
offense occurred before or after the first conviction, the offender shall be fined not6
less than one hundred fifty dollars nor more than five hundred dollars, and7
imprisoned for not less than ten days nor more than three months. Imposition or8
execution of sentence shall not be suspended unless:9
(1) The offender is placed on probation with a minimum condition that he10
serve forty-eight hours in jail and participate in a court-approved substance abuse11
and driver improvement program; or12
(2) The offender is placed on probation with a minimum condition that he13
perform ten eight-hour days of court-approved community service activities, at least14
half of which shall consist of participation in a litter abatement or collection program15
and participate in a court-approved substance and driver improvement program.16
E. Court programs regarding substance abuse provided for in Subsections C17
and D shall include a screening procedure to determine the portions of the program18
which may be applicable and appropriate for individual offenders.19
F. An offender ordered to participate in a substance abuse program shall pay20
the cost incurred in participating in the program. Failure to make such payment shall21
subject the offender to revocation of probation, unless the court determines that the22
offender is unable to pay.23
A.(1) Except as modified by the provisions of Paragraphs (2) and (3) of24
this Subsection, on a conviction of a first offense violation of R.S. 14:98, the25
offender shall be fined not less than three hundred dollars nor more than one26
thousand dollars, and shall be imprisoned for not less than ten days nor more27
than six months. Imposition or execution of sentence under this Paragraph shall28
not be suspended unless the offender is placed on probation with the minimum29
conditions that he complete all of the following:30 SB NO. 277 ENROLLED
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(a) Serve forty-eight hours in jail, which shall not be suspended, or in lieu1
thereof, perform no less than thirty-two hours of court-approved community2
service activities, at least half of which shall consist of participation in a litter3
abatement or collection program.4
(b) Participate in a court-approved substance abuse program, which may5
include an assessment by a licensed clinician to determine if the offender has a6
diagnosis of substance abuse disorder. Nothing herein shall prohibit the court7
from modifying the portions of the program as may be applicable and8
appropriate to an individual offender as shown by the assessment.9
(c) Participate in a court-approved driver improvement program.10
(d) Except as provided by Subparagraph (3)(c) of this Subsection, the11
court may order that the offender not operate a motor vehicle during the period12
of probation, or such shorter time as set by the court, unless any vehicle, while13
being operated by the offender, is equipped with a functioning ignition interlock14
device in compliance with the requirements of R.S. 14:98.5(C) and R.S.15
32:378.2.16
(2) If the offender had a blood alcohol concentration of 0.15 percent or17
more but less than 0.20 percent by weight based on grams of alcohol per one18
hundred cubic centimeters of blood, at least forty-eight hours of the sentence19
imposed pursuant to Paragraph (1) of this Subsection shall be served without20
the benefit of parole, probation, or suspension of sentence, and is to be served21
in addition to any sentence of imprisonment imposed pursuant to Subparagraph22
(1)(a) of this Subsection, provided that the total period of imprisonment upon23
conviction of the offense, including imprisonment for default in payment of a24
fine or costs, shall not exceed six months.25
(3)(a) If the offender had a blood alcohol concentration of 0.20 percent26
or more by weight based on grams of alcohol per one hundred cubic centimeters27
of blood, the offender shall be fined not less than seven hundred fifty dollars nor28
more than one thousand dollars and at least forty-eight hours of the sentence29
imposed pursuant to Paragraph (1) of this Subsection shall be served without30 SB NO. 277 ENROLLED
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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 in this Section shall prohibit a court from sentencing an18
offender to serve any portion of the sentence under home incarceration19
pursuant to R.S. 14:98.5, either in lieu of, or in addition to, a term of20
imprisonment if otherwise allowed under the provisions of Code of Criminal21
Procedure Article 894.2 and 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
A. No person under arrest for a violation of R.S. 14:98, 98.1, or any other law30 SB NO. 277 ENROLLED
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or ordinance which prohibits operating a vehicle while intoxicated may refuse to1
submit to a chemical test when requested to do so by a law enforcement officer if he2
has refused to submit to such test on two previous and separate occasions of any3
previous such violation.4
B.(1) Whoever violates the provisions of this Section shall be fined not less5
than three hundred dollars nor more than one thousand dollars, and shall be6
imprisoned for not less than ten days nor more than six months.7
(2) Imposition or execution of sentence shall not be suspended unless one of8
the following circumstances occurs:9
(a) The offender is placed on probation with a minimum condition that he10
serve two days in jail and participate in a court-approved substance abuse program11
and participate in a court-approved driver improvement program.12
(b) The offender is placed on probation with a minimum condition that he13
perform four eight-hour days of court-approved community service activities, at least14
half of which shall consist of participation in a litter abatement or collection15
program, participate in a court-approved substance abuse program, and participate16
in a court-approved driver improvement program. An offender who participates in17
a litter abatement or collection program pursuant to this Subparagraph shall have no18
cause of action for damages against the entity conducting the program or supervising19
his participation therein, including a municipality, parish, sheriff, or other entity, nor20
against any official, employee, or agent of such entity, for any injury or loss suffered21
by him during or arising out of his participation in the program, if such injury or loss22
is a direct result of the lack of supervision or act or omission of the supervisor, unless23
the injury or loss was caused by the intentional or grossly negligent act or omission24
of the entity or its official, employee, or agent.25
A.(1) Except as modified by the provisions of Paragraphs (2), (3), and (4)26
of this Subsection, or as provided by Subsection D of this Section, on a27
conviction of a second offense violation of R.S. 14:98, regardless of whether the28
second offense occurred before or after the first conviction, the offender shall29
be fined not less than seven hundred fifty dollars nor more than one thousand30 SB NO. 277 ENROLLED
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dollars, and shall be imprisoned for not less than thirty days nor more than six1
months. At least forty-eight hours of the sentence imposed shall be served2
without benefit of parole, probation, or suspension of sentence. Imposition or3
execution of the remainder of sentence shall not be suspended unless the4
offender is placed on probation with the minimum conditions that he complete5
all of the following:6
(a) Serve at least fifteen days in jail, without benefit of parole, probation,7
or suspension of sentence, or in lieu thereof, perform two hundred forty hours8
of court-approved community service activities, at least half of which shall9
consist of participation in a litter abatement or collection program. If10
imprisonment is imposed under this Subparagraph, the sentence is to be served11
in addition to the sentence of imprisonment imposed pursuant to Paragraph (1)12
of this Subsection, provided that the total period of imprisonment upon13
conviction of the offense, including imprisonment for default in payment of a14
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 in this Section shall prohibit the18
court 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
driver's license is suspended under law and for any additional period as30 SB NO. 277 ENROLLED
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determined by the court.1
(2) If the offender had a blood alcohol concentration of 0.15 percent or2
more but less than 0.20 percent by weight based on grams of alcohol per one3
hundred cubic centimeters of blood, at least ninety-six hours of the sentence4
imposed pursuant to Paragraph (1) of this Subsection shall be served without5
the benefit of parole, probation, or suspension of sentence.6
(3)(a) If the offender had a blood alcohol concentration of 0.20 percent7
or more by weight based on grams of alcohol per one hundred cubic centimeters8
of blood, the offender shall be fined one thousand dollars and at least ninety-six9
hours of the sentence imposed pursuant to Paragraph (1) of this Subsection10
shall be served without the benefit of parole, probation, or suspension of11
sentence.12
(b) In addition to any penalties imposed under this Section, upon13
conviction of a second offense violation of R.S. 14:98, if the offender had a blood14
alcohol concentration of 0.20 percent or more by weight based on grams of15
alcohol per one hundred cubic centimeters of blood, the driver's license of the16
offender shall be suspended for four years.17
(c) The court shall require that the offender not operate a motor vehicle18
during the period of probation unless any vehicle, while being operated by the19
offender, is equipped with a functioning ignition interlock device in compliance20
with the requirements of R.S. 14:98.5(C), R.S. 15:306, and R.S. 32:378.2. The21
ignition interlock device shall remain installed and operative on his vehicle22
during the first three years of the four-year period of the suspension of his23
driver's license.24
(4) If the arrest for the second offense occurs within one year of the25
commission of the first offense, at least thirty days of the sentence imposed26
pursuant to Paragraph (1) of this Subsection shall be served without benefit of27
parole, probation, or suspension of sentence. In addition, if the offender had a28
blood alcohol concentration of 0.20 percent or more by weight based on grams29
of alcohol per one hundred cubic centimeters of blood, he shall be fined one30 SB NO. 277 ENROLLED
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thousand dollars and also be subject to the provisions of Subparagraphs (3)(b)1
and (c) of this Subsection.2
B. Nothing in this Section shall prohibit a court from sentencing an3
offender to serve any portion of the sentence under home incarceration4
pursuant to R.S. 14:98.5, either in lieu of, or in addition to, a term of5
imprisonment if otherwise allowed under the provisions of Code of Criminal6
Procedure Article 894.2 and R.S. 14:98.5(B).7
C. An offender may apply for a restricted driver's license to be in effect8
during the entire period of suspension upon proof to the Department of Public9
Safety and Corrections that his motor vehicle has been equipped with a10
functioning ignition interlock device in compliance with the requirements of11
R.S. 32:378.2.12
D. Notwithstanding any other provision of law to the contrary, on a13
conviction of a second offense violation of R.S. 14:98, and regardless of whether14
the second offense occurred before or after the first conviction, when the first15
offense was for the crime of vehicular homicide in violation of R.S. 14:32.1,16
third degree feticide in violation of R.S. 14:32.8, or first degree vehicular17
negligent injuring in violation of R.S. 14:39.2, the offender shall be fined two18
thousand dollars and imprisoned, with or without hard labor, for not less than19
one year nor more than five years. At least six months of the sentence of20
imprisonment imposed shall be without benefit of parole, probation, or21
suspension of sentence except in compliance with R.S. 14:98.5(B)(1), the22
mandatory minimum sentence cannot be served on home incarceration.23
(1) Imposition or execution of the remainder of the sentence shall not be24
suspended unless the offender is placed on probation with the minimum25
conditions that he complete all of the following:26
(a) Perform two hundred forty hours of court-approved community27
service activities, at least one-half of which shall consist of participation in a28
litter abatement or collection program.29
(b) Participate in a court-approved substance abuse program, which may30 SB NO. 277 ENROLLED
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include an assessment by a licensed clinician to determine if the offender has a1
diagnosis of substance abuse disorder. Nothing in this Section shall prohibit the2
court from modifying the portions of the program as may be applicable and3
appropriate to an individual offender as shown by the assessment.4
(c) Participate in a court-approved driver improvement program.5
(2) In accordance with the provisions of R.S. 14:98.5(B), any offender6
placed on probation pursuant to the provisions of this Subsection shall be7
placed in a home incarceration program approved by the division of probation8
and parole for a period of time not less than six months and not more than the9
remainder of the sentence of imprisonment.10
(3) Except as the period of time may be increased in accordance with11
Subparagraph (A)(3)(b) and (c) of this Section, in addition to any penalties12
imposed under this Section, the court shall order that the offender not operate13
a motor vehicle during the period of probation unless any vehicle, while being14
operated by the offender, is equipped with a functioning ignition interlock15
device in compliance with the requirements of R.S. 14:98.5(C), R.S. 15:306, and16
R.S. 32:378.2, which requirement shall remain in effect for a period of not less17
than six months from the date of conviction. In addition, the device shall18
remain installed and operative during any period that the offender's driver's19
license is suspended under law and for any additional period as determined by20
the court.21
§98.3. Operating a vehicle while under suspension for certain prior offenses22
Operating while intoxicated, third offense; penalties23
A. It is unlawful to operate a motor vehicle on a public highway where the24
operator's driving privileges have been suspended under the authority of R.S.25
32:414(A)(1), (B)(1) or (2), (D)(1)(a), or 667. It shall not be a violation of the26
provisions of this Section when a person operates a motor vehicle to obtain27
emergency medical care for himself or any other person.28
B. Whoever violates the provisions of this Section shall be imprisoned for not29
less than fifteen days nor more than six months without benefit of suspension of30 SB NO. 277 ENROLLED
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imposition or execution of sentence, except as provided in Subsection C.1
C. When the operator's driving privileges were suspended for manslaughter,2
vehicular homicide, or negligent homicide, the offender shall be imprisoned for not3
less than sixty days nor more than six months without benefit of suspension of4
imposition or execution of sentence.5
A.(1) Except as provided in Subsection B of this Section, on a conviction6
of a third offense violation of R.S. 14:98, regardless of whether the third offense7
occurred before or after a previous conviction, the offender shall be fined two8
thousand dollars and shall be imprisoned, with or without hard labor, for not9
less than one year nor more than five years. Except as provided in Paragraph10
(2) of this Subsection, at least one year of the sentence imposed shall be served11
without benefit of parole, probation, or suspension of sentence. Except in12
compliance with R.S. 14:98.5(B)(1), the mandatory minimum sentence cannot13
be served on home incarceration.14
(2) The one-year period described in Paragraph (1) of this Subsection,15
which shall otherwise be imposed without the benefit of parole, probation, or16
suspension of sentence, may be suspended if the offender is accepted into a drug17
division probation program pursuant to R.S. 13:5301 et seq. The provisions of18
R.S. 14:98(F) relative to vehicle seizure and sale shall also be applicable to any19
offender whose sentence is served with the benefit of parole, probation, or20
suspension of sentence pursuant to the provisions of this Paragraph.21
(3)(a) The court, in its discretion, may suspend all or any part of the22
remainder of the sentence of imprisonment imposed pursuant to Paragraph (1)23
of this Subsection. If any of the remainder of the sentence is suspended, the24
offender shall be placed on supervised probation with the Department of Public25
Safety and Corrections, division of probation and parole, for not more than a26
period of five years but not less than a period of time equal to the remainder of27
the sentence of imprisonment, which probation shall commence on the day after28
the offender's release from imprisonment after serving the mandatory sentence29
required by this Section, unless the offender was released by diminution of30 SB NO. 277 ENROLLED
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sentence for good behavior pursuant to R.S. 15:571.3, in which case the1
probation shall commence simultaneously with the period of supervision2
provided by R.S. 15:571.5 and shall run concurrently therewith. The offender3
must comply with both the conditions of his release as set by the committee on4
parole in accordance with R.S. 15:571.5 and with the conditions of probation set5
by the sentencing court.6
(b) Any offender placed on probation pursuant to this Paragraph shall7
be required as a condition of probation to participate in two hundred forty8
hours of court-approved community service activities, obtain employment,9
participate in a court-approved driver improvement program at his expense,10
and submit to and complete either of the following requirements:11
(i) Immediately undergo an evaluation by the Department of Health and12
Hospitals, office of behavioral health, to determine the nature and extent of the13
offender's substance abuse disorder and to participate in any treatment plan14
recommended by the office of behavioral health, including treatment in an15
inpatient facility approved by the office for a period of not less than four weeks,16
followed by outpatient treatment services for a period not to exceed twelve17
months.18
(ii) Participate in substance abuse treatment in an alcohol and drug19
abuse program provided by a drug division subject to the applicable provisions20
of R.S. 13:5301 et seq. if the offender is otherwise eligible to participate in such21
program.22
(c) In addition to the requirements set forth in Subparagraphs (a) and23
(b) of this Paragraph, any offender placed on probation pursuant to the24
provisions of this Subsection shall be placed in a home incarceration program25
approved by the division of probation and parole for a period of time not less26
than six months and not more than the remainder of the sentence of27
imprisonment. The terms of home incarceration shall be in compliance with the28
provisions of R.S. 14:98.5(B) and Code of Criminal Procedure Article 894.2.29
(d)(i) Notwithstanding any law to the contrary and the provisions of R.S.30 SB NO. 277 ENROLLED
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32:414(D)(1)(b), upon conviction of a third offense violation of R.S. 14:98, any1
motor vehicle, while being operated by the offender, shall be equipped with a2
functioning ignition interlock device in accordance with the provisions of R.S.3
15:306. The ignition interlock device shall remain installed and operative until4
the offender has completed the requirements of substance abuse treatment and5
home incarceration, or, if applicable, the requirements of the drug division6
probation program provided in R.S. 13:5301 et seq.7
(ii) Notwithstanding any provision of law to the contrary, any offender8
convicted of a third offense violation of R.S. 14:98 shall, after one year of the9
suspension required by R.S. 32:414(D)(1)(a), upon proof to the Department of10
Public Safety and Corrections that the motor vehicles being operated by the11
offender are equipped with functioning ignition interlock devices, be issued a12
restricted driver's license. The restricted license shall be effective for the period13
of time that the offender's driver's license is suspended. The restricted license14
shall entitle the offender to operate the vehicles equipped with a functioning15
ignition interlock device in order to earn a livelihood and to travel to and from16
the places designated in R.S. 14:98.5(B)(3)(e).17
(e) If an offender placed on probation pursuant to the provisions of this18
Paragraph fails to complete the substance abuse treatment required by this19
Subsection or violates any other condition of probation, including conditions of20
home incarceration, his probation may be revoked, and he may be ordered to21
serve the balance of the sentence of imprisonment, without credit for time22
served under home incarceration.23
B.(1) If the offender has previously received the benefit of parole,24
probation, or suspension of sentence on a conviction of a third or subsequent25
offense violation of R.S. 14:98, or if the offender has previously participated in26
a drug division probation program pursuant to R.S. 13:5301 et seq., pursuant27
to a sentence imposed on a conviction of a third or subsequent offense violation28
of R.S. 14:98, or if the offender has previously been required to participate in29
substance abuse treatment or home incarceration pursuant to a sentence30 SB NO. 277 ENROLLED
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imposed on a conviction of a third or subsequent offense violation of R.S. 14:98,1
then on a conviction of a subsequent third offense violation of R.S. 14:98,2
notwithstanding any other provision of law to the contrary and regardless of3
whether the offense occurred before or after an earlier conviction, the offender4
shall be fined two thousand dollars and imprisoned, with or without hard labor,5
for not less than two nor more than five years. At least two years of the6
sentence imposed shall be served without benefit of parole, probation, or7
suspension of sentence. Except in compliance with R.S. 14:98.5(B)(1), the8
mandatory minimum sentence cannot be served on home incarceration.9
(2) Except where inconsistent with the provisions of this Subsection, the10
conditions of probation shall include but not be limited to the conditions of11
probation provided by Paragraph (A)(3) of this Section, except that the offender12
shall not be sentenced to substance abuse treatment provided for by Items13
(A)(3)(b)(i) and (ii) of this Section. Nothing in this Section shall prohibit the14
court from ordering substance abuse treatment if it determines that the15
offender is able to pay for the substance abuse treatment.16
C. In addition to any other penalty, the court shall order, upon motion17
of the prosecuting district attorney, that the vehicle being operated by the18
offender at the time of the offense be seized and impounded, and sold at auction19
in accordance with the provisions of R.S. 14:98(F).20
§98.4. Operating while intoxicated, fourth offense; penalties21
A.(1) Except as modified by Subparagraphs (a) and (b) of this22
Paragraph, or as provided by Subsections B and C of this Section, on a23
conviction of a fourth or subsequent offense violation of R.S. 14:98, regardless24
of whether the fourth offense occurred before or after an earlier conviction, the25
offender shall be fined five thousand dollars and imprisoned, with or without26
hard labor, for not less than ten years nor more than thirty years. Two years27
of the sentence of imprisonment shall be imposed without benefit of parole,28
probation, or suspension of sentence. Except in compliance with R.S.29
14:98.5(B)(1), the mandatory minimum sentence cannot be served on home30 SB NO. 277 ENROLLED
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incarceration.1
(a) Except as prohibited by Subparagraph (b) of this Paragraph, the two-2
year period, which shall otherwise be imposed without benefit of parole,3
probation, or suspension of sentence, may be suspended if the offender is4
accepted into a drug division probation program pursuant to R.S. 13:5301 et5
seq. The provisions of R.S. 14:98(F) relative to vehicle seizure and sale shall6
also be applicable to any offender whose sentence is served with the benefit of7
parole, probation, or suspension of sentence pursuant to the provisions of this8
Paragraph.9
(b) If the offender has previously participated in a drug division10
probation program pursuant to R.S. 13:5301 et seq., pursuant to a sentence11
imposed on a third or subsequent offense conviction under R.S. 14:98, three12
years of the sentence imposed in this Paragraph shall be imposed without13
benefit of parole, probation, or suspension of sentence. Notwithstanding any14
other law to the contrary, the offender shall not be eligible to have the15
mandatory portion of his sentence suspended because of his participation in a16
drug division program under Item (2)(b)(ii) of this Subsection.17
(2)(a) The court, in its discretion, may suspend all or any part of the18
remainder of the sentence of imprisonment. If any of the sentence is suspended,19
the offender shall be placed on supervised probation with the Department of20
Public Safety and Corrections, division of probation and parole, for a period of21
five years, which probation shall commence on the day after the offender's22
release from imprisonment after serving the mandatory sentence required by23
this Section, unless the offender was released by diminution of sentence for good24
behavior pursuant to R.S. 15:571.3, in which case the probation shall commence25
simultaneously with the period of supervision provided by R.S. 15:571.5 and26
shall run concurrently therewith. The offender must comply with both the27
conditions of his release as set by the committee on parole in accordance with28
R.S. 15:571.5 and with the conditions of probation set by the sentencing court.29
(b) Any offender placed on probation pursuant to this Paragraph shall30 SB NO. 277 ENROLLED
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be required as a condition of probation to participate in three hundred twenty1
hours of court-approved community service activities, obtain employment,2
participate in a court-approved driver improvement program at his expense,3
and submit to and complete either of the following requirements:4
(i) Immediately undergo an evaluation by the Department of Health and5
Hospitals, office of behavioral health, to determine the nature and extent of the6
offender's substance abuse disorder, and participate in any treatment plan7
recommended by the office of behavioral health, including treatment in an8
inpatient facility approved by the office for a period of not less than four weeks9
followed by outpatient treatment services for a period not to exceed twelve10
months.11
(ii) Except as provided in Subparagraph (1)(b) of this Subsection,12
participate in substance abuse treatment in an alcohol and drug abuse program13
provided by a drug division subject to the applicable provisions of R.S. 13:530114
et seq. if the offender is otherwise eligible to participate in such program.15
(c) In addition to the requirements set forth in Subparagraphs (a) and16
(b) of this Paragraph, any offender placed on probation pursuant to the17
provisions of this Subsection shall be placed in a home incarceration program18
approved by the division of probation and parole for the remainder of the term19
of supervised probation. The terms of home incarceration shall be in20
compliance with the provisions of R.S. 14:98.5(B) and Code of Criminal21
Procedure Article 894.2.22
(d)(i) Notwithstanding any law to the contrary and the provisions of R.S.23
32:414(D)(1)(b), upon conviction of a fourth or subsequent offense, any motor24
vehicle, while being operated by the offender, shall be equipped with a25
functioning ignition interlock device in accordance with the provisions of R.S.26
15:306. The ignition interlock device shall remain installed and operative until27
the offender has completed the requirements of substance abuse treatment and28
home incarceration or, if applicable, the requirements of the drug division29
probation program provided for in R.S. 13:5301 et seq.30 SB NO. 277 ENROLLED
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(ii) Any offender convicted of a fourth or subsequent offense shall, after1
one year of the suspension required by R.S. 32:414(D)(1)(a), upon proof to the2
Department of Public Safety and Corrections that the motor vehicles being3
operated by the offender are equipped with functioning ignition interlock4
devices, be issued a restricted driver's license. The restricted license shall be5
effective for the period of time that the offender's driver's license is suspended.6
The restricted license shall entitle the offender to operate the vehicles equipped7
with a functioning ignition interlock device in order to earn a livelihood and to8
travel to and from the places designated in R.S. 14:98.5(B)(3)(e).9
(e) If an offender placed on probation pursuant to the provisions of this10
Paragraph fails to complete the substance abuse treatment required by this11
Subsection or violates any other condition of probation, including conditions of12
home incarceration, his probation may be revoked, and he may be ordered to13
serve the balance of the sentence of imprisonment, without credit for time14
served under home incarceration.15
B.(1) If the offender has previously been required to participate in16
substance abuse treatment or home incarceration pursuant to a sentence17
imposed on a conviction of a third offense violation of R.S. 14:98, then on a18
conviction of a fourth or subsequent offense, notwithstanding any other19
provision of law to the contrary and regardless of whether the fourth offense20
occurred before or after an earlier conviction, the offender shall be fined five21
thousand dollars and imprisoned at hard labor for not less than ten nor more22
than thirty years, at least three years of which shall be imposed without benefit23
of parole, probation, or suspension of sentence. Notwithstanding any provision24
of law to the contrary, the offender shall not be eligible to have the mandatory25
portion of his sentence suspended because of his participation in a drug division26
program under Item (A)(2)(b)(ii) of this Section, and except in compliance with27
R.S. 14:98.5(B)(1), the mandatory minimum sentence cannot be served on home28
incarceration.29
(2) After serving the mandatory sentence, if any of the remainder of the30 SB NO. 277 ENROLLED
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sentence is suspended, the offender shall be placed on supervised probation with1
the Department of Public Safety and Corrections, division of probation and2
parole, for a period of five years, which probation shall commence on the day3
after the offender's release from imprisonment after serving the mandatory4
sentence required by this Section, unless the offender was released by5
diminution of sentence for good behavior pursuant to R.S. 15:571.3, in which6
case the probation shall commence simultaneously with the period of7
supervision provided by R.S. 15:571.5 and shall run concurrently therewith.8
The offender shall comply with both the conditions of his release as set by the9
parole board in accordance with R.S. 15:571.5 and with the conditions of10
probation set by the sentencing court.11
(3) Except where inconsistent with the provisions of this Subsection, the12
conditions of probation shall include but not be limited to the conditions of13
probation provided by Paragraph (A)(2) of this Section, but the offender shall14
not be sentenced to substance abuse treatment provided for by Items15
(A)(2)(b)(i) and (ii) of this Section. Nothing in this Section shall prohibit the16
court from ordering substance abuse treatment if it determines that the17
offender is able to pay for the substance abuse treatment.18
C. If the offender has previously received the benefit of parole,19
probation, or suspension of sentence on a conviction of a fourth or subsequent20
offense violation of R.S. 14:98, then on a subsequent conviction of a fourth or21
subsequent offense, notwithstanding any other provision of law to the contrary22
and regardless of whether the offense occurred before or after an earlier23
conviction, the offender shall be fined five thousand dollars and imprisoned at24
hard labor for not less than ten nor more than thirty years. No part of the25
sentence shall be imposed with benefit of parole, probation, or suspension of26
sentence, and no portion of the sentence shall be imposed concurrently with the27
remaining balance of any sentence to be served for a prior conviction for any28
offense.29
D. In addition to any other penalty, the court shall order, upon motion30 SB NO. 277 ENROLLED
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of the prosecuting district attorney, that the vehicle being operated by the1
offender at the time of the offense be seized and impounded, and sold at auction2
in accordance with the provisions of R.S. 14:98(F).3
§98.5. Special provisions and definitions4
A. Substance abuse programs. (1) An offender ordered to participate in5
a substance abuse program, home incarceration, or a driver improvement6
program in accordance with the penalty provisions of R.S. 14:98, 98.1, 98.2,7
98.3, and 98.4 shall pay the cost incurred in participating in the program.8
Failure to make such payment shall subject the offender to revocation of9
probation, unless the court determines that the offender is unable to pay.10
(2) On a conviction of a third or subsequent offense violation of R.S.11
14:98, if the court determines that the offender is unable to pay, the state shall12
pay for the cost of the substance abuse treatment. If the court determines that13
an offender is unable to pay the costs incurred for participating in a substance14
abuse treatment program, driver improvement program, or home15
incarceration, the court may, upon completion of such program or home16
incarceration, require that the offender reimburse the state for all or a portion17
of such costs pursuant to a payment schedule determined by the court. This18
Paragraph shall not apply to substance abuse treatment imposed as a condition19
of probation under R.S. 14:98.3(B)(2) or R.S. 14:98.4(B)(3).20
B. Home incarceration. (1) For felony violations of R.S. 14:98, the21
mandatory minimum sentence imposed by the court shall not be served on22
home incarceration unless either:23
(a) The Department of Public Safety and Corrections, through the24
division of probation and parole, recommends home incarceration of the25
defendant and specific conditions of that home incarceration.26
(b) The district attorney recommends home incarceration.27
(2) Except as provided by Paragraph (4) of this Subsection and unless28
otherwise authorized or prohibited, on a misdemeanor violation of R.S. 14:9829
or on a felony violation of R.S. 14:98 after the offender has served the30 SB NO. 277 ENROLLED
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mandatory minimum sentence, the court may sentence the offender to home1
incarceration.2
(3) Except as modified by Paragraph (5) of this Subsection, when the3
court sentences an offender to home incarceration, the offender shall be subject4
to special conditions to be determined by the court, which shall include but not5
be limited to the following:6
(a) Electronic monitoring. However, nothing in this Section shall prohibit7
a court from ordering nonelectronic monitored home incarceration as a8
condition of probation for a first or second conviction where the period of home9
incarceration is less than five days.10
(b) Curfew restrictions.11
(c) The court shall require the offender to obtain employment.12
(d) The court shall require the offender to participate in a court-13
approved driver improvement program, if not already a condition of his14
probation.15
(e) The activities of the offender outside of his home shall be limited to16
traveling to and from work, church services or other religious services,17
Alcoholics Anonymous meetings, Narcotics Anonymous meetings, other secular-18
based addiction recovery group meetings, accredited educational institutions,19
meetings with his probation or parole officer, court-ordered community service20
activities, court-ordered substance abuse treatments, and a court-approved21
driver improvement program.22
(f) Except as inconsistent with the provisions of this Subsection, an23
offender sentenced to home incarceration shall be subject to all other applicable24
provisions of Code of Criminal Procedure Article 894.2.25
(4) An offender who has been convicted of any second violation of any26
state or local law or ordinance prohibiting operating a vehicle while intoxicated,27
committed within five years of the commission of any prior operating while28
intoxicated violation, shall not be eligible for home incarceration until the29
offender has first served a minimum of forty-eight consecutive hours of30 SB NO. 277 ENROLLED
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imprisonment.1
(5) When the offender is on probation for a third or subsequent offense,2
or on a second offense under R.S. 14:98.2(D), a home visitation shall be3
conducted at least once per month by the Department of Public Safety and4
Corrections for the first six months. After the first six months, the level of5
supervision shall be determined by the department based upon a risk6
assessment instrument.7
C. Ignition interlock devices. (1) No offender who is ordered to install an8
ignition interlock device as a condition of probation shall:9
(a) Fail to comply with all applicable provisions of R.S. 15:306 and 30710
and R.S. 32:378.2 and 414(D)(1)(b).11
(b) Violate the conditions of his restricted driver's license as set by the12
Department of Public Safety and Corrections.13
(c) Operate, rent, lease, or borrow a motor vehicle unless that vehicle is14
equipped with a functioning ignition interlock device.15
(d) Request or solicit any other person to blow into an ignition interlock16
device or to start a motor vehicle equipped with the device for the purpose of17
providing the offender with an operable motor vehicle.18
(2) If the court imposes the use of an ignition interlock device as a19
condition of probation, the offender shall provide proof of compliance to the20
court or the probation officer within thirty days. If the offender fails to provide21
proof of installation within that period, absent a finding by the court of good22
cause for the failure that is entered into the court record, the court shall revoke23
the offender's probation.24
(3) 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
D.(1) "Community service activities" as used in this Section and R.S.27
14:98.1, 98.2, 98.3, and 98.4, in addition to participation in a litter abatement or28
collection program, may include duty in any morgue, coroner's office, or29
emergency treatment room of a state-operated hospital or other state-operated30 SB NO. 277 ENROLLED
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emergency treatment facility, with the consent of the administrator of the1
morgue, coroner's office, hospital, or facility.2
(2) An offender who participates in a litter abatement or collection3
program pursuant to this Subsection shall have no cause of action for damages4
against the entity conducting the program or supervising the offender's5
participation therein, including a municipality, parish, sheriff, or other entity,6
nor against any official, employee, or agent of such entity, for any injury or loss7
suffered by him during or arising out of his participation therein, if such injury8
or loss is a direct result of the lack of supervision or act or omission of the9
supervisor, unless the injury or loss was caused by the intentional or grossly10
negligent act or omission of the entity or its official, employee, or agent.11
§98.6. Underage operating while intoxicated12
A. The crime of underage operating a vehicle while intoxicated is the13
operating of any motor vehicle, aircraft, watercraft, vessel, or other means of14
conveyance when the operator's blood alcohol concentration is 0.02 percent or15
more by weight based on grams of alcohol per one hundred cubic centimeters16
of blood, if the operator is under the age of twenty-one.17
B. Any underage person whose blood alcohol concentration is found to18
be in violation of R.S. 14:98(A)(1)(b) shall be charged under the provisions of19
that Subparagraph rather than under this Section.20
C.(1) On a first conviction, the offender shall be fined not less than one21
hundred dollars nor more than two hundred fifty dollars, and imprisoned for22
not less than ten days nor more than three months. Imposition or execution of23
sentence shall not be suspended unless the offender is placed on probation with24
the minimum conditions that he:25
(a) Perform thirty-two hours of court-approved community service26
activities, at least half of which shall consist of participation in a litter27
abatement or collection program.28
(b) Participate in a court-approved substance abuse and driver29
improvement program.30 SB NO. 277 ENROLLED
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(2) On a second or subsequent conviction, regardless of whether the1
second offense occurred before or after the first conviction, the offender shall2
be fined not less than two hundred fifty dollars nor more than five hundred3
dollars, and imprisoned for not less than thirty days nor more than six months.4
Imposition or execution of sentence under this Paragraph shall not be5
suspended unless the offender is placed on probation with the minimum6
conditions that he:7
(a) Serve forty-eight hours in jail without benefit of parole, probation,8
or suspension of sentence, or in lieu thereof, perform no less than eighty hours9
of court-approved community service activities, at least half of which shall10
consist of participation in a litter abatement or collection program.11
(b) Participate in a court-approved substance abuse program.12
(c) Participate in a court-approved driver improvement program.13
(3) Nothing in this Section shall prohibit a court from sentencing an14
offender to serve any portion of the sentence under home incarceration either15
in lieu of, or in addition to, a term of imprisonment if otherwise allowed under16
the provisions of Code of Criminal Procedure Article 894.2 and R.S. 14:98.5(B).17
(4) The court may require that the offender not operate a motor vehicle18
during the period of probation unless any vehicle, while being operated by the19
offender, is equipped with a functioning ignition interlock device in accordance20
with R.S. 14:98.5(C).21
D. Court programs regarding substance abuse as provided for by22
Subsection C of this Section shall include a screening procedure to determine23
the portions of the program that may be applicable and appropriate for24
individual offenders.25
§98.7. Unlawful refusal to submit to chemical tests; arrests for driving while26
intoxicated27
A. No person under arrest for a violation of R.S. 14:98, 98.6, or any other28
law or ordinance that prohibits operating a vehicle while intoxicated may refuse29
to submit to a chemical test when requested to do so by a law enforcement30 SB NO. 277 ENROLLED
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officer if he has refused to submit to such test on two previous and separate1
occasions of any such violation.2
B.(1) Whoever violates the provisions of this Section shall be fined not3
less than three hundred dollars nor more than one thousand dollars, and shall4
be imprisoned for not less than ten days nor more than six months.5
(2) Imposition or execution of sentence shall not be suspended unless one6
of the following occurs:7
(a) The offender is placed on probation with the minimum conditions8
that he serve two days in jail and participate in a court-approved substance9
abuse program and participate in a court-approved driver improvement10
program.11
(b) The offender is placed on probation with the minimum conditions12
that he perform thirty-two hours of court-approved community service13
activities, at least half of which shall consist of participation in a litter14
abatement or collection program, participate in a court-approved substance15
abuse program, and participate in a court-approved driver improvement16
program. An offender who participates in a litter abatement or collection17
program pursuant to this Subparagraph shall have no cause of action for18
damages against the entity conducting the program or supervising his19
participation therein, as provided by R.S. 14:98.5(D).20
§98.8. Operating a vehicle while under suspension for certain prior offenses21
A. It is unlawful to operate a motor vehicle on a public highway where22
the operator's driving privileges have been suspended under the authority of23
R.S. 32:414(A)(1), (B)(1) or (2), (D)(1)(a), or R.S. 32:667. It shall not be a24
violation of the provisions of this Section when a person operates a motor25
vehicle to obtain emergency medical care for himself or any other person.26
B. Whoever violates the provisions of this Section shall be imprisoned for27
not less than fifteen days nor more than six months without benefit of28
suspension of imposition or execution of sentence, except as provided in29
Subsection C.30 SB NO. 277 ENROLLED
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C. When the operator's driving privileges were suspended for1
manslaughter, vehicular homicide, or negligent homicide, the offender shall be2
imprisoned for not less than sixty days nor more than six months without3
benefit of suspension of imposition or execution of sentence.4
Section 2. The provisions of this Act shall become effective on January 1, 2015.5
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: