§98.3. Operating while intoxicated; third offense; penalties
A.(1) Except as provided in Subsection B of this Section, on a conviction of a third
offense violation of R.S. 14:98, regardless of whether the third offense occurred before or
after a previous conviction, the offender shall be fined two thousand dollars and shall be
imprisoned, with or without hard labor, for not less than one year nor more than five years.
Except as provided in Paragraph (2) of this Subsection, at least one year of the sentence
imposed shall be served without benefit of parole, probation, or suspension of sentence.
Except in compliance with R.S. 14:98.5(B)(1), the mandatory minimum sentence cannot be
served on home incarceration.
(2) The one-year period described in Paragraph (1) of this Subsection, which shall
otherwise be imposed without the benefit of parole, probation, or suspension of sentence,
may be suspended if the offender is accepted into a drug division probation program pursuant
to R.S. 13:5301 et seq. The provisions of R.S. 14:98(F) relative to vehicle seizure and sale
shall also be applicable to any offender whose sentence is served with the benefit of parole,
probation, or suspension of sentence pursuant to the provisions of this Paragraph.
(3)(a) The court, in its discretion, may suspend all or any part of the remainder of the
sentence of imprisonment imposed pursuant to Paragraph (1) of this Subsection. If any of
the remainder of the sentence is suspended, the offender shall be placed on supervised
probation with the Department of Public Safety and Corrections, division of probation and
parole, for not more than a period of five years but not less than a period of time equal to the
remainder of the sentence of imprisonment, which probation shall commence on the day after
the offender's release from imprisonment after serving the mandatory sentence required by
this Section, unless the offender was released by diminution of sentence for good behavior
pursuant to R.S. 15:571.3, in which case the probation shall commence simultaneously with
the period of supervision provided by R.S. 15:571.5 and shall run concurrently therewith.
The offender must comply with both the conditions of his release as set by the committee on
parole in accordance with R.S. 15:571.5 and with the conditions of probation set by the
sentencing court.
(b) Any offender placed on probation pursuant to this Paragraph shall be required as
a condition of probation to participate in two hundred forty hours of court-approved
community service activities, obtain employment, participate in a court-approved driver
improvement program at his expense, and submit to and complete either of the following
requirements:
(i) Immediately undergo an evaluation by the Louisiana Department of Health, office
of behavioral health, to determine the nature and extent of the offender's substance abuse
disorder and to participate in any treatment plan recommended by the office of behavioral
health, including treatment in an inpatient facility approved by the office for a period of not
less than four weeks, followed by outpatient treatment services for a period not to exceed
twelve months.
(ii) Participate in substance abuse treatment in an alcohol and drug abuse program
provided by a drug division subject to the applicable provisions of R.S. 13:5301 et seq. if the
offender is otherwise eligible to participate in such program.
(c) In addition to the requirements set forth in Subparagraphs (a) and (b) of this
Paragraph, 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. The terms of home incarceration shall be in compliance with the
provisions of R.S. 14:98.5(B) and Code of Criminal Procedure Article 894.2.
(d)(i) Notwithstanding any law to the contrary and the provisions of R.S.
32:414(D)(1)(b), upon conviction of a third offense violation of R.S. 14:98, any motor
vehicle, while being operated by the offender, shall be equipped with a functioning ignition
interlock device in accordance with the provisions of R.S. 15:306. The ignition interlock
device shall remain installed and operative until the offender has completed the requirements
of substance abuse treatment and home incarceration, or, if applicable, the requirements of
the drug division probation program provided in R.S. 13:5301 et seq.
(ii) Notwithstanding any provision of law to the contrary, any offender convicted of
a third offense violation of R.S. 14:98 shall, after one year of the suspension required by R.S.
32:414(D)(1)(a), upon proof to the Department of Public Safety and Corrections that the
motor vehicles being operated by the offender are equipped with functioning ignition
interlock devices, be issued a restricted driver's license. The restricted license shall be
effective for the period of time that the offender's driver's license is suspended. The
restricted license shall entitle the offender to operate the vehicles equipped with a functioning
ignition interlock device in order to earn a livelihood and to travel to and from the places
designated in R.S. 14:98.5(B)(3)(e).
(e) If an offender placed on probation pursuant to the provisions of this Paragraph
fails to complete the substance abuse treatment required by this Subsection or violates any
other condition of probation, including conditions of home incarceration, his probation may
be revoked, and he may be ordered to serve the balance of the sentence of imprisonment,
without credit for time served under home incarceration.
B.(1) If the offender has previously received the benefit of parole, probation, or
suspension of sentence on a conviction of a third or subsequent offense violation of R.S.
14:98, or if the offender has previously participated in a drug division probation program
pursuant to R.S. 13:5301 et seq., pursuant to a sentence imposed on a conviction of a third
or subsequent offense violation of R.S. 14:98, or if the offender has previously been required
to participate in substance abuse treatment or home incarceration pursuant to a sentence
imposed on a conviction of a third or subsequent offense violation of R.S. 14:98, then on a
conviction of a subsequent third offense violation of R.S. 14:98, notwithstanding any other
provision of law to the contrary and regardless of whether the offense occurred before or
after an earlier conviction, the offender shall be fined two thousand dollars and imprisoned,
with or without hard labor, for not less than two nor more than five years. At least two years
of the sentence imposed shall be served without benefit of parole, probation, or suspension
of sentence. Except in compliance with R.S. 14:98.5(B)(1), the mandatory minimum
sentence cannot be served on home incarceration.
(2) Except where inconsistent with the provisions of this Subsection, the conditions
of probation shall include but not be limited to the conditions of probation provided by
Paragraph (A)(3) of this Section, except that the offender shall not be sentenced to substance
abuse treatment provided for by Items (A)(3)(b)(i) and (ii) of this Section. Nothing in this
Section shall prohibit the court from ordering substance abuse treatment if it determines that
the offender is able to pay for the substance abuse treatment.
C. In addition to any other penalty, the court shall order, upon motion of the
prosecuting district attorney, that the vehicle being operated by the offender at the time of
the offense be seized and impounded, and sold at auction in accordance with the provisions
of R.S. 14:98(F).
Acts 2009, No. 236, §1, eff. July 1, 2009; Acts 2014, No. 385, §1, eff. Jan. 1, 2015.