{
 "citation": "14:98.4",
 "heading": "Operating while impaired; fourth offense; penalties",
 "doc_id": "919567",
 "source_url": "https://legis.la.gov/legis/Law.aspx?d=919567",
 "classification": "F",
 "enacted_year": "2014",
 "last_amended_year": "2025",
 "penalties": [
  {
   "subsection": "A(1)",
   "text": "A.(1) Except as modified by Subparagraphs (a) and (b) of this Paragraph, or as provided by Subsections B and C of this Section, on a conviction of a fourth or subsequent offense violation of R.S. 14:98, regardless of whether the fourth offense occurred before or after an earlier conviction, the offender shall be fined five thousand dollars and imprisoned, with or without hard labor, for not less t",
   "los_min": "10Y",
   "los_max": "30Y",
   "hard_labor": "W/WO",
   "benefits": "",
   "death": false,
   "condition": ""
  },
  {
   "subsection": "A(1)",
   "text": "Two years of the sentence of imprisonment shall be imposed without benefit of parole, probation, or suspension of sentence.",
   "los_min": "",
   "los_max": "",
   "hard_labor": "",
   "benefits": "W/O BENEFITS (parole, probation, or suspension of sentence)",
   "death": false,
   "condition": ""
  },
  {
   "subsection": "B(1)",
   "text": "B.(1) 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 offense violation of R.S. 14:98, then on a conviction of a fourth or subsequent offense, notwithstanding any other provision of law to the contrary and regardless of whether the fourth offense occurred before or after an earl",
   "los_min": "10Y",
   "los_max": "30Y",
   "hard_labor": "AT",
   "benefits": "W/O BENEFITS (parole, probation, or suspension of sentence)",
   "death": false,
   "condition": "If the offender has previously been required to participate in substance abuse treatment or home incarceration pursuant to a sentence i"
  },
  {
   "subsection": "C",
   "text": "If the offender has previously received the benefit of parole, probation, or suspension of sentence on a conviction of a fourth or subsequent offense violation of R.S. 14:98, then on a subsequent conviction of a fourth or subsequent offense, notwithstanding any other provision of law to the contrary and regardless of whether the offense occurred before or after an earlier conviction, the offender ",
   "los_min": "10Y",
   "los_max": "30Y",
   "hard_labor": "AT",
   "benefits": "",
   "death": false,
   "condition": "If the offender has previously received the benefit of parole"
  }
 ],
 "referenced_statutes": [
  "13:5301",
  "14:98",
  "14:98.5",
  "15:306",
  "15:571.3",
  "15:571.5",
  "32:414",
  "40:2845"
 ],
 "text": "RS 14:98.4\n\n\u00a798.4. Operating while impaired; fourth offense; penalties\n\nA.(1) Except as modified by Subparagraphs (a) and (b) of this Paragraph, or as\nprovided by Subsections B and C of this Section, on a conviction of a fourth or subsequent\noffense violation of R.S. 14:98, regardless of whether the fourth offense occurred before or\nafter an earlier conviction, the offender shall be fined five thousand dollars and imprisoned,\nwith or without hard labor, for not less than ten years nor more than thirty years. Two years\nof the sentence of imprisonment shall be imposed without benefit of parole, probation, or\nsuspension of sentence. Except in compliance with R.S. 14:98.5(B)(1), the mandatory\nminimum sentence cannot be served on home incarceration.\n\n(a) Except as prohibited by Subparagraph (b) of this Paragraph, the two-year period,\nwhich shall otherwise be imposed without benefit of parole, probation, or suspension of\nsentence, may be suspended if the offender is accepted into a drug division probation\nprogram pursuant to R.S. 13:5301 et seq. The provisions of R.S. 14:98(F) relative to vehicle\nseizure and sale shall also be applicable to any offender whose sentence is served with the\nbenefit of parole, probation, or suspension of sentence pursuant to the provisions of this\nParagraph.\n\n(b) If the offender has previously participated in a drug division probation program\npursuant to R.S. 13:5301 et seq., pursuant to a sentence imposed on a third or subsequent\noffense conviction under R.S. 14:98, three years of the sentence imposed in this Paragraph\nshall be imposed without benefit of parole, probation, or suspension of sentence. \nNotwithstanding any other law to the contrary, the offender shall not be eligible to have the\nmandatory portion of his sentence suspended because of his participation in a drug division\nprogram under Item (2)(b)(ii) of this Subsection.\n\n(2)(a) The court, in its discretion, may suspend all or any part of the remainder of the\nsentence of imprisonment. If any of the sentence is suspended, the offender shall be placed\non supervised probation with the Department of Public Safety and Corrections, division of\nprobation and parole, for a period of five years, which probation shall commence on the day\nafter the offender's release from imprisonment after serving the mandatory sentence required\nby this Section, unless the offender was released by diminution of sentence for good behavior\npursuant to R.S. 15:571.3, in which case the probation shall commence simultaneously with\nthe period of supervision provided by R.S. 15:571.5 and shall run concurrently therewith. \nThe offender must comply with both the conditions of his release as set by the committee on\nparole in accordance with R.S. 15:571.5 and with the conditions of probation set by the\nsentencing court.\n\n(b) Any offender placed on probation pursuant to this Paragraph shall be required as\na condition of probation to participate in three hundred twenty hours of court-approved\ncommunity service activities, obtain employment, participate in a court-approved driver\nimprovement program at his expense, and submit to and complete either of the following\nrequirements:\n\n(i) Immediately undergo an evaluation by the Louisiana Department of Health, office\nof behavioral health, to determine the nature and extent of the offender's substance abuse\ndisorder, and participate in any treatment plan recommended by the office of behavioral\nhealth, including treatment in an inpatient facility approved by the office for a period of not\nless than four weeks followed by outpatient treatment services for a period not to exceed\ntwelve months.\n\n(ii) Except as provided in Subparagraph (1)(b) of this Subsection, participate in\nsubstance abuse treatment in an alcohol and drug abuse program provided by a drug division\nsubject to the applicable provisions of R.S. 13:5301 et seq. if the offender is otherwise\neligible to participate in such program.\n\n(c) In addition to the requirements set forth in Subparagraphs (a) and (b) of this\nParagraph, any offender placed on probation pursuant to the provisions of this Subsection\nshall be placed in a home incarceration program approved by the division of probation and\nparole for the remainder of the term of supervised probation. The terms of home\nincarceration shall be in compliance with the provisions of R.S. 14:98.5(B) and Code of\nCriminal Procedure Article 894.2.\n\n(d)(i) Notwithstanding any law to the contrary and the provisions of R.S.\n32:414(D)(1)(b), upon conviction of a fourth or subsequent offense, any motor vehicle, while\nbeing operated by the offender, shall be equipped with a functioning ignition interlock device\nin accordance with the provisions of R.S. 15:306. The ignition interlock device shall remain\ninstalled and operative until the offender has completed the requirements of substance abuse\ntreatment and home incarceration or, if applicable, the requirements of the drug division\nprobation program provided for in R.S. 13:5301 et seq.\n\n(ii) Any offender convicted of a fourth or subsequent offense shall, after one year of\nthe suspension required by R.S. 32:414(D)(1)(a), upon proof to the Department of Public\nSafety and Corrections that the motor vehicles being operated by the offender are equipped\nwith functioning ignition interlock devices, be issued a restricted driver's license. The\nrestricted license shall be effective for the period of time that the offender's driver's license\nis suspended. The restricted license shall entitle the offender to operate the vehicles equipped\nwith a functioning ignition interlock device in order to earn a livelihood and to travel to and\nfrom the places designated in R.S. 14:98.5(B)(3)(e).\n\n(e) If an offender placed on probation pursuant to the provisions of this Paragraph\nfails to complete the substance abuse treatment required by this Subsection or violates any\nother condition of probation, including conditions of home incarceration, his probation may\nbe revoked, and he may be ordered to serve the balance of the sentence of imprisonment,\nwithout credit for time served under home incarceration.\n\n(3)(a) In addition to the penalties imposed pursuant to this Section, upon conviction\nof a fourth or subsequent offense, the offender shall also be fined an additional two hundred\nfifty 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\nthe collections into the Louisiana Emergency Response Network Fund as established in R.S.\n40:2845.\n\nB.(1) If the offender has previously been required to participate in substance abuse\ntreatment or home incarceration pursuant to a sentence imposed on a conviction of a third\noffense violation of R.S. 14:98, then on a conviction of a fourth or subsequent offense,\nnotwithstanding any other provision of law to the contrary and regardless of whether the\nfourth offense occurred before or after an earlier conviction, the offender shall be fined five\nthousand dollars and imprisoned at hard labor for not less than ten nor more than thirty years,\nat least three years of which shall be imposed without benefit of parole, probation, or\nsuspension of sentence. Notwithstanding any provision of law to the contrary, the offender\nshall not be eligible to have the mandatory portion of his sentence suspended because of his\nparticipation in a drug division program under Item (A)(2)(b)(ii) of this Section, and except\nin compliance with R.S. 14:98.5(B)(1), the mandatory minimum sentence cannot be served\non home incarceration.\n\n(2) After serving the mandatory sentence, if any of the remainder of the sentence is\nsuspended, the offender shall be placed on supervised probation with the Department of\nPublic Safety and Corrections, division of probation and parole, for a period of five years,\nwhich probation shall commence on the day after the offender's release from imprisonment\nafter serving the mandatory sentence required by this Section, unless the offender was\nreleased by diminution of sentence for good behavior pursuant to R.S. 15:571.3, in which\ncase the probation shall commence simultaneously with the period of supervision provided\nby R.S. 15:571.5 and shall run concurrently therewith. The offender shall comply with both\nthe conditions of his release as set by the parole board in accordance with R.S. 15:571.5 and\nwith the conditions of probation set by the sentencing court.\n\n(3) Except where inconsistent with the provisions of this Subsection, the conditions\nof probation shall include but not be limited to the conditions of probation provided by\nParagraph (A)(2) of this Section, but the offender shall not be sentenced to substance abuse\ntreatment provided for by Items (A)(2)(b)(i) and (ii) of this Section. Nothing in this Section\nshall prohibit the court from ordering substance abuse treatment if it determines that the\noffender is able to pay for the substance abuse treatment.\n\nC. If the offender has previously received the benefit of parole, probation, or\nsuspension of sentence on a conviction of a fourth or subsequent offense violation of R.S.\n14:98, then on a subsequent conviction of a fourth or subsequent offense, notwithstanding\nany other provision of law to the contrary and regardless of whether the offense occurred\nbefore or after an earlier conviction, the offender shall be fined five thousand dollars and\nimprisoned at hard labor for not less than ten nor more than thirty years. No part of the\nsentence shall be imposed with benefit of parole, probation, or suspension of sentence, and\nno portion of the sentence shall be imposed concurrently with the remaining balance of any\nsentence to be served for a prior conviction for any offense.\n\nD. In addition to any other penalty, the court shall order, upon motion of the\nprosecuting district attorney, that the vehicle being operated by the offender at the time of\nthe offense be seized and impounded, and sold at auction in accordance with the provisions\nof R.S. 14:98(F).\n\nActs 2014, No. 385, \u00a71, eff. Jan. 1, 2015; Acts 2024, No. 662, \u00a71; Acts 2025, No.\n194, \u00a71, eff. June 8, 2025."
}