§98.2. Operating while intoxicated; second offense; penalties
A.(1) Except as modified by the provisions of Paragraphs (2), (3), and (4) of this
Subsection, or as provided by Subsection D of this Section, on a conviction of a second
offense violation of R.S. 14:98, regardless of whether the second offense occurred before or
after the first conviction, the offender shall be fined not less than seven hundred fifty dollars
nor more than one thousand dollars, and shall be imprisoned for not less than thirty days nor
more than six months. At least forty-eight hours of the sentence imposed shall be served
without benefit of parole, probation, or suspension of sentence. Imposition or execution of
the remainder of sentence shall not be suspended unless the offender is placed on probation
with the minimum conditions that he complete all of the following:
(a) Serve at least fifteen days in jail, without benefit of parole, probation, or
suspension of sentence, or in lieu thereof, perform two hundred forty hours of court-approved
community service activities, at least half of which shall consist of participation in a litter
abatement or collection program. If imprisonment is imposed under this Subparagraph, the
sentence is to be served in addition to the sentence of imprisonment imposed pursuant to
Paragraph (1) of this Subsection, provided that the total period of imprisonment upon
conviction of the offense, including imprisonment for default in payment of a fine or costs,
shall not exceed six months.
(b) Participate in a court-approved substance abuse program, which may include an
assessment by a licensed clinician to determine if the offender has a diagnosis of substance
abuse disorder. Nothing in this Section shall prohibit the court from modifying the portions
of the program as may be applicable and appropriate to an individual offender as shown by
the assessment.
(c) Participate in a court-approved driver improvement program.
(d) Except as the period of time may be increased in accordance with Subparagraph
(3)(c) of this Subsection, the court shall order that the offender not operate a motor vehicle
during the period of probation unless any vehicle, while being operated by the offender, is
equipped with a functioning ignition interlock device in compliance with the requirements
of R.S. 14:98.5(C), R.S. 15:306, and R.S. 32:378.2, which requirement shall remain in effect
for a period of not less than six months from the date of conviction. In addition, the device
shall remain installed and operative during any period that the offender's driver's license is
suspended under law and for any additional period as determined by the court.
(2)(a) If the offender had a blood alcohol concentration of 0.15 percent or more but
less than 0.20 percent by weight based on grams of alcohol per one hundred cubic
centimeters of blood, at least ninety-six hours of the sentence imposed pursuant to Paragraph
(1) of this Subsection shall be served without the benefit of parole, probation, or suspension
of sentence.
(b) In addition to any penalties imposed under this Section, upon conviction of a
second offense violation of R.S. 14:98, if the offender had a blood alcohol concentration of
0.15 percent or more by weight based on grams of alcohol per one hundred cubic centimeters
of blood, the driver's license of the offender shall be suspended for four years.
(3)(a) If the offender had a blood alcohol concentration of 0.20 percent or more by
weight based on grams of alcohol per one hundred cubic centimeters of blood, the offender
shall be fined one thousand dollars and at least ninety-six hours of the sentence imposed
pursuant to Paragraph (1) of this Subsection shall be served without the benefit of parole,
probation, or suspension of sentence.
(b) In addition to any penalties imposed under this Section, upon conviction of a
second offense violation of R.S. 14:98, if the offender had a blood alcohol concentration of
0.15 percent or more by weight based on grams of alcohol per one hundred cubic centimeters
of blood, the driver's license of the offender shall be suspended for four years.
(c) The court shall require that the offender not operate a motor vehicle during the
period of probation unless any vehicle, while being operated by the offender, is equipped
with a functioning ignition interlock device in compliance with the requirements of R.S.
14:98.5(C), R.S. 15:306, and R.S. 32:378.2. The ignition interlock device shall remain
installed and operative on his vehicle during the four-year period of the suspension of his
driver's license.
(4) If the arrest for the second offense occurs within one year of the commission of
the first offense, at least thirty days of the sentence imposed pursuant to Paragraph (1) of this
Subsection shall be served without benefit of parole, probation, or suspension of sentence.
In addition, if the offender had a blood alcohol concentration of 0.20 percent or more by
weight based on grams of alcohol per one hundred cubic centimeters of blood, he shall be
fined one thousand dollars and also be subject to the provisions of Subparagraphs (3)(b) and
(c) of this Subsection.
B. Nothing in this Section shall prohibit a court from sentencing an offender to serve
any portion of the sentence under home incarceration pursuant to R.S. 14:98.5, either in lieu
of, or in addition to, a term of imprisonment if otherwise allowed under the provisions of
Code of Criminal Procedure Article 894.2 and R.S. 14:98.5(B).
C. An offender may apply for a restricted driver's license to be in effect during the
entire period of suspension upon proof to the Department of Public Safety and Corrections
that his motor vehicle has been equipped with a functioning ignition interlock device in
compliance with the requirements of R.S. 32:378.2.
D. Notwithstanding any other provision of law to the contrary, on a conviction of a
second offense violation of R.S. 14:98, and regardless of whether the second offense
occurred before or after the first conviction, when the first offense was for the crime of
vehicular homicide in violation of R.S. 14:32.1, third degree feticide in violation of R.S.
14:32.8, or first degree vehicular negligent injuring in violation of R.S. 14:39.2, the offender
shall be fined two thousand dollars and imprisoned, with or without hard labor, for not less
than one year nor more than five years. At least six months of the sentence of imprisonment
imposed shall be without benefit of parole, probation, or suspension of sentence except in
compliance with R.S. 14:98.5(B)(1), the mandatory minimum sentence cannot be served on
home incarceration.
(1) Imposition or execution of the remainder of the sentence shall not be suspended
unless the offender is placed on probation with the minimum conditions that he complete all
of the following:
(a) Perform two hundred forty hours of court-approved community service activities,
at least one-half of which shall consist of participation in a litter abatement or collection
program.
(b) Participate in a court-approved substance abuse program, which may include an
assessment by a licensed clinician to determine if the offender has a diagnosis of substance
abuse disorder. Nothing in this Section shall prohibit the court from modifying the portions
of the program as may be applicable and appropriate to an individual offender as shown by
the assessment.
(c) Participate in a court-approved driver improvement program.
(2) In accordance with the provisions of R.S. 14:98.5(B), any offender placed on
probation pursuant to the provisions of this Subsection shall be placed in a home
incarceration program approved by the division of probation and parole for a period of time
not less than six months and not more than the remainder of the sentence of imprisonment.
(3) Except as the period of time may be increased in accordance with Subparagraph
(A)(3)(b) and (c) of this Section, in addition to any penalties imposed under this Section, the
court shall order that the offender not operate a motor vehicle during the period of probation
unless any vehicle, while being operated by the offender, is equipped with a functioning
ignition interlock device in compliance with the requirements of R.S. 14:98.5(C), R.S.
15:306, and R.S. 32:378.2, which requirement shall remain in effect for a period of not less
than six months from the date of conviction. In addition, the device shall remain installed
and operative during any period that the offender's driver's license is suspended under law
and for any additional period as determined by the court.
Acts 2003, No. 543, §1; Acts 2014, No. 385, §1, eff. Jan. 1, 2015; Acts 2023, No.
409, §1; Acts 2024, 2nd Ex. Sess., No. 9, §1, eff. July 1, 2024.