§ 14:98 — Operating a vehicle while impaired

Louisiana § 14:98

• Jurisdiction: Louisiana
• Title 14: Criminal Law

Text

§98. Operating a vehicle while impaired
A.(1) The crime of operating a vehicle while impaired is the operating of any motor
vehicle, aircraft, watercraft, vessel, or other means of conveyance when any of the following
conditions exist:
(a) The operator is impaired by alcoholic beverages.
(b) The operator's blood alcohol concentration is 0.08 percent or more by weight
based on grams of alcohol per one hundred cubic centimeters of blood.
(c) The operator is impaired by any other drug, combination of drugs, or combination
of alcohol and drugs.
(d), (e) Repealed by Acts 2024, No. 662, §3.
(2) A valid driver's license shall not be an element of the offense, and the lack
thereof shall not be a defense to a prosecution for operating a vehicle while impaired.
(3) As used in this Section, the term "drug" means any substance or combination of
substances that, when taken into the human body, can impair the ability of the person to
operate a vehicle safely.
B.(1) This Subsection shall be cited as the "Child Endangerment Law".
(2) When the state proves, in addition to the elements of the crime as set forth in
Subsection A of this Section, that a minor child twelve years of age or younger was a
passenger in the motor vehicle, aircraft, watercraft, vessel, or other means of motorized
conveyance at the time of the commission of the offense:
(a) Except as provided in Subparagraphs (b) and (c) of this Paragraph, the execution
of the minimum mandatory sentence provided by R.S. 14:98.1 or 98.2, as appropriate, shall
not be suspended.
(b) Notwithstanding any provision of law to the contrary, if imprisonment is imposed
pursuant to the provisions of R.S. 14:98.3, the execution of the minimum mandatory
sentence shall not be suspended.
(c) Notwithstanding any provision of law to the contrary, if imprisonment is imposed
pursuant to the provisions of R.S. 14:98.4, the execution of the minimum mandatory
sentence shall not be suspended.
C.(1) For purposes of determining whether a defendant has a prior conviction for a
violation of this Section, a conviction under any of the following shall constitute a prior
conviction:
(a) R.S. 14:32.1, vehicular homicide.
(b) R.S. 14:32.8, third degree feticide.
(c) R.S. 14:39.1, vehicular negligent injuring.
(d) R.S. 14:39.2, first degree vehicular negligent injuring.
(e) A law of any state or an ordinance of a municipality, town, or similar political
subdivision of another state that prohibits the operation of any motor vehicle, aircraft,
watercraft, vessel, or other means of conveyance while impaired, or while under the
influence of alcohol, drugs, or any controlled dangerous substance, or as otherwise provided
by R.S. 13:1894.1.
(2) The determination under this Subsection shall be made by the court as a matter
of law.
(3) For purposes of this Section, a prior conviction shall not include a conviction for
an offense under this Section, a conviction for an offense under R.S. 14:39.1, or a conviction
under the laws of any state or an ordinance of a municipality, town, or similar political
subdivision of another state which prohibits the operation of any motor vehicle, aircraft,
watercraft, vessel, or other means of conveyance while impaired, or while under the
influence of alcohol, drugs, or any controlled dangerous substance, or as otherwise provided
by R.S. 13:1894.1, if committed more than ten years prior to the commission of the crime
for which the defendant is being tried, and such conviction shall not be considered in the
assessment of penalties in this Section. However, periods of time during which the offender
was awaiting trial, under an order of attachment for failure to appear, or on probation or
parole for an offense described in this Paragraph, or periods of time during which an offender
was incarcerated in a penal institution in this or any other state for any offense, including an
offense described in Paragraph (1) of this Subsection, shall be excluded in computing the
ten-year period.
D.(1) On a conviction of a first offense violation of the provisions of this Section,
notwithstanding any other provision of law to the contrary, the offender shall be sentenced
under the provisions of R.S. 14:98.1.
(2)(a) Except as provided by Subparagraph (b) of this Paragraph, on a conviction of
a second offense violation of the provisions of this Section, notwithstanding any other
provision of law to the contrary and regardless of whether the second offense occurred before
or after the first conviction, the offender shall be sentenced under the provisions of R.S.
14:98.2.
(b) If the conviction of a second offense violation of the provisions of this Section
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 sentenced under the provisions of R.S.
14:98.2(D).
(3) On a conviction of a third offense violation of the provisions of this Section,
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 sentenced under
the provisions of R.S. 14:98.3.
(4) On a conviction of a fourth or subsequent offense violation of the provisions of
this Section, notwithstanding any other provision of law to the contrary and regardless of
whether the fourth or subsequent offense occurred before or after an earlier conviction, the
offender shall be sentenced under the provisions of R.S. 14:98.4.
E. The legislature hereby finds and declares that conviction of a third or subsequent
offense of operating while impaired is presumptive evidence of the existence of a substance
abuse disorder that poses a serious threat to the health and safety of the public. Further, the
legislature finds that there are successful treatment methods available for treatment of
addictive disorders.
F.(1) On a third or subsequent conviction of operating while impaired pursuant to
this Section, in addition to any other sentence, 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 be sold at auction in the same manner and under
the same conditions as executions of writs of seizure and sale as provided in Chapter 4 of
Title II of Book V of the Code of Civil Procedure.
(2) The vehicle shall be exempt from sale if it was stolen or if the driver of the
vehicle at the time of the violation was not the owner and the owner did not know that the
driver was operating the vehicle while impaired. If this exemption is applicable, the vehicle
shall not be released from impoundment until such time as towing and storage fees have been
paid. In addition, the vehicle shall be exempt from sale if all towing and storage fees are paid
by a valid lienholder.
(3) If the district attorney elects to forfeit the vehicle, he shall file a written motion
at least five days prior to sentencing, stating his intention to forfeit the vehicle. When the
district attorney elects to forfeit the vehicle, the court shall order it forfeited.
(4) The proceeds of the sale shall first be used to pay court costs and towing and
storage costs, and the remainder shall be allocated as follows:
(a) Sixty percent of the funds shall go to the arresting agency.
(b) Twenty percent of the funds shall go to the prosecuting district attorney.
(c) Twenty percent of the funds shall go to the department for its use in studying
ways to reduce drunk driving and insurance rates.
G.(1) If an offender placed on probation for a conviction of a violation of this
Section fails to complete the required substance abuse treatment, or fails to participate in a
driver improvement program, 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.
(2) If the offender is found to be in violation of both the terms of his release for good
behavior by the Department of Public Safety and Corrections, committee on parole, and in
violation of his probation by the court, then the remaining balance of his diminution of
sentence shall be served first, with the previously suspended sentence imposed by the court
to run consecutively thereafter.

Legislative History

Amended by Acts 1991, No. 83, §1; Acts 1991, No. 454, §1; Acts 1992, No. 69, §1; Acts 1992, No. 679, §1; Acts 1992, No. 697, §1; Acts 1993, No. 247, §1, eff. June 2, 1993; Acts 1993, No. 403, §1; Acts 1993, No. 669, §1, eff. June 21, 1993; Acts 1994, 3rd Ex. Sess., No. 20, §1; Acts 1995, No. 316, §1, eff. June 16, 1995; Acts 1995, No. 520, §1; Acts 1997, No. 1296, §2, eff. July 15, 1997; Acts 1998, 1st Ex. Sess., No. 4, §1; Acts 1999, No. 1292, §1; Acts 2000, 1st Ex. Sess., No. 81, §1, eff. April 17, 2000; Acts 2000, 1st Ex. Sess., No. 139, §1; Acts 2001, No. 781, §1, eff. Sept. 30, 2003; Acts 2001, No. 1163, §2; Acts 2003, No. 535, §1; Acts 2003, No. 752, §1, eff. Sept. 30, 2003; Acts 2004, No. 762, §1; Acts 2005, No. 497, §1; Acts 2007, No. 227, §1; Acts 2008, No. 161, §1; Acts 2008, No. 451, §2, eff. June 25, 2008; Acts 2008, No. 640, §1; Acts 2010, No. 801, §1, eff. June 30, 2010; Acts 2012, No. 547, §1, eff. June 5, 2012; Acts 2012, No. 571, §1; Acts 2013, No. 388, §2, eff. June 18, 2013; Acts 2014, No. 175, §1; Acts 2014, No. 385, §1, eff. Jan. 1, 2015; Acts 2014, No. 386, §1, eff. May 30, 2014; Acts 2018, No. 130, §2; Acts 2024, No. 339, §1; Acts 2024, No. 662, §§1, 3.