{
 "citation": "14:98.1",
 "heading": "Operating while impaired; first offense; penalties",
 "doc_id": "78752",
 "source_url": "https://legis.la.gov/legis/Law.aspx?d=78752",
 "classification": "M",
 "enacted_year": "1997",
 "last_amended_year": "2025",
 "penalties": [
  {
   "subsection": "A(1)",
   "text": "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.",
   "los_min": "10D",
   "los_max": "6M",
   "hard_labor": "",
   "benefits": "",
   "death": false,
   "condition": ""
  },
  {
   "subsection": "A(2)(a)",
   "text": "(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",
   "los_min": "",
   "los_max": "",
   "hard_labor": "",
   "benefits": "W/O BENEFITS (parole, probation, or suspension of sentence)",
   "death": false,
   "condition": "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 alcoho"
  },
  {
   "subsection": "A(3)(a)",
   "text": "(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 benefi",
   "los_min": "",
   "los_max": "",
   "hard_labor": "",
   "benefits": "W/O BENEFITS (parole, probation, or suspension of sentence)",
   "death": false,
   "condition": "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 cen"
  }
 ],
 "referenced_statutes": [
  "14:98",
  "14:98.5",
  "32:378.2",
  "32:414",
  "40:2845"
 ],
 "text": "RS 14:98.1\n\n\u00a798.1. Operating while impaired; first offense; penalties\n\nA.(1) Except as modified by the provisions of Paragraphs (2) and (3) of this\nSubsection, on a conviction of a first offense violation of R.S. 14:98, the offender shall be\nfined not less than three hundred dollars nor more than one thousand dollars, and shall be\nimprisoned for not less than ten days nor more than six months. Imposition or execution of\nsentence under this Paragraph shall not be suspended unless the offender is placed on\nprobation with the minimum conditions that he complete all of the following:\n\n(a) Serve forty-eight hours in jail, which shall not be suspended, or in lieu thereof,\nperform no less than thirty-two hours of court-approved community service activities, at least\nhalf of which shall consist of participation in a litter abatement or collection program.\n\n(b) Participate in a court-approved substance abuse program, which may include an\nassessment by a licensed clinician to determine if the offender has a diagnosis of substance\nabuse disorder. Nothing herein shall prohibit the court from modifying the portions of the\nprogram as may be applicable and appropriate to an individual offender as shown by the\nassessment.\n\n(c) Participate in a court-approved driver improvement program.\n\n(d) Except as provided by Subparagraph (3)(c) of this Subsection, the court shall\norder that the offender not operate a motor vehicle during the period of probation, for no less\nthan six months, unless any vehicle, while being operated by the offender, is equipped with\na functioning ignition interlock device in compliance with the requirements of R.S.\n14:98.5(C) and R.S. 32:378.2.\n\n(2)(a) If the offender had a blood alcohol concentration of 0.15 percent or more but\nless than 0.20 percent by weight based on grams of alcohol per one hundred cubic\ncentimeters of blood, at least forty-eight hours of the sentence imposed pursuant to Paragraph\n(1) of this Subsection shall be served without the benefit of parole, probation, or suspension\nof sentence, and is to be served in addition to any sentence of imprisonment imposed\npursuant to Subparagraph (1)(a) of this Subsection, provided that the total period of\nimprisonment upon conviction of the offense, including imprisonment for default in payment\nof a fine or costs, shall not exceed six months.\n\n(b) In addition to any penalties imposed under this Section and except as provided\nin R.S. 32:414(A)(1)(d) or 667(H)(1)(b), upon conviction of a first offense, if the offender\nhad a blood alcohol concentration of 0.15 percent or more by weight based on grams of\nalcohol per one hundred cubic centimeters of blood, the driver's license of the offender shall\nbe suspended for two years.\n\n(3)(a) If the offender had a blood alcohol concentration of 0.20 percent or more by\nweight based on grams of alcohol per one hundred cubic centimeters of blood, the offender\nshall be fined not less than seven hundred fifty dollars nor more than one thousand dollars\nand at least forty-eight hours of the sentence imposed pursuant to Paragraph (1) of this\nSubsection shall be served without the benefit of parole, probation, or suspension of\nsentence, and is to be served in addition to any sentence of imprisonment imposed pursuant\nto Subparagraph (1)(a) of this Subsection, provided that the total period of imprisonment\nupon conviction of the offense, including imprisonment for default in payment of a fine or\ncosts, shall not exceed six months.\n\n(b) In addition to any penalties imposed under this Section and except as provided\nin R.S. 32:414(A)(1)(d) or 667(H)(1)(b), upon conviction of a first offense, if the offender\nhad a blood alcohol concentration of 0.15 percent or more by weight based on grams of\nalcohol per one hundred cubic centimeters of blood, the driver's license of the offender shall\nbe suspended for two years.\n\n(c) The court shall require that the offender not operate a motor vehicle during the\nperiod of probation unless any vehicle, while being operated by the offender, is equipped\nwith a functioning ignition interlock device in compliance with the requirements of R.S.\n14:98.5(C) and R.S. 32:378.2. The ignition interlock device shall remain installed and\noperative on his vehicle during the period of suspension of his driver's license following the\ndate of conviction.\n\n(4)(a) In addition to the penalties imposed pursuant to this Section, upon conviction\nof a first offense, the offender shall also be fined an additional twenty-five dollars.\n\n(b) Monies collected pursuant to this Paragraph shall be forwarded by the sheriff to\nthe state treasurer within thirty days of collection.\n\n(c) After allocation to the Bond Security and Redemption Fund as provided in\nArticle VII, Section 9(B) of the Constitution of Louisiana, the state treasurer shall deposit the\ncollections into the Louisiana Emergency Response Network Fund as established in R.S.\n40:2845.\n\nB. Nothing in this Section shall prohibit a court from sentencing an offender to serve\nany portion of the sentence under home incarceration pursuant to R.S. 14:98.5, either in lieu\nof, or in addition to, a term of imprisonment if otherwise allowed under the provisions of\nCode of Criminal Procedure Article 894.2 and R.S. 14:98.5(B).\n\nC. An offender may apply for a restricted driver's license to be in effect during the\nentire period of suspension upon proof to the Department of Public Safety and Corrections\nthat his motor vehicle has been equipped with a functioning ignition interlock device in\ncompliance with the requirements of R.S. 32:378.2.\n\nActs 1997, No. 1296, \u00a72, eff. July 15, 1997; Acts 2014, No. 385, \u00a71, eff. Jan. 1, 2015;\nActs 2023, No. 409, \u00a71; Acts 2024, 2 nd Ex. Sess., No. 9, \u00a71, eff. July 1, 2024; Acts 2024, No.\n662, \u00a71; Acts 2025, No. 194, \u00a71, eff. June 8, 2025."
}