§98.1. Operating while impaired; first offense; penalties
A.(1) Except as modified by the provisions of Paragraphs (2) and (3) of this
Subsection, on a conviction of a first offense violation of R.S. 14:98, the offender shall be
fined not less than three hundred dollars nor more than one thousand dollars, and shall be
imprisoned for not less than ten days nor more than six months. Imposition or execution of
sentence under this Paragraph shall not be suspended unless the offender is placed on
probation with the minimum conditions that he complete all of the following:
(a) Serve forty-eight hours in jail, which shall not be suspended, or in lieu thereof,
perform no less than thirty-two hours of court-approved community service activities, at least
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 herein 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 provided by Subparagraph (3)(c) of this Subsection, the court shall
order that the offender not operate a motor vehicle during the period of probation, for no less
than six months, 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) and R.S. 32:378.2.
(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 forty-eight hours of the sentence imposed pursuant to Paragraph
(1) of this Subsection shall be served without the benefit of parole, probation, or suspension
of sentence, and is to be served in addition to any sentence of imprisonment imposed
pursuant to Subparagraph (1)(a) 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) In addition to any penalties imposed under this Section and except as provided
in R.S. 32:414(A)(1)(d) or 667(H)(1)(b), upon conviction of a first offense, 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 two 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 not less than seven hundred fifty dollars nor more than one thousand dollars
and at least forty-eight hours of the sentence imposed pursuant to Paragraph (1) of this
Subsection shall be served without the benefit of parole, probation, or suspension of
sentence, and is to be served in addition to any sentence of imprisonment imposed pursuant
to Subparagraph (1)(a) 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) In addition to any penalties imposed under this Section and except as provided
in R.S. 32:414(A)(1)(d) or 667(H)(1)(b), upon conviction of a first offense, 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 two 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) and R.S. 32:378.2. The ignition interlock device shall remain installed and
operative on his vehicle during the period of suspension of his driver's license following the
date of conviction.
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.
Acts 1997, No. 1296, §2, eff. July 15, 1997; 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; Acts 2024, No.
662, §1.