{
 "citation": "14:98.3",
 "heading": "Operating while impaired; third offense; penalties",
 "doc_id": "670397",
 "source_url": "https://legis.la.gov/legis/Law.aspx?d=670397",
 "classification": "F",
 "enacted_year": "2009",
 "last_amended_year": "2025",
 "penalties": [
  {
   "subsection": "A(1)",
   "text": "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.",
   "los_min": "1Y",
   "los_max": "5Y",
   "hard_labor": "W/WO",
   "benefits": "",
   "death": false,
   "condition": ""
  },
  {
   "subsection": "B(1)",
   "text": "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. 14:9",
   "los_min": "2Y",
   "los_max": "5Y",
   "hard_labor": "W/WO",
   "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 14:98.3\n\n\u00a798.3. Operating while impaired; third offense; penalties\n\nA.(1) Except as provided in Subsection B of this Section, on a conviction of a third\noffense violation of R.S. 14:98, regardless of whether the third offense occurred before or\nafter a previous conviction, the offender shall be fined two thousand dollars and shall be\nimprisoned, with or without hard labor, for not less than one year nor more than five years. \nExcept as provided in Paragraph (2) of this Subsection, at least one year of the sentence\nimposed shall be served without benefit of parole, probation, or suspension of sentence. \nExcept in compliance with R.S. 14:98.5(B)(1), the mandatory minimum sentence cannot be\nserved on home incarceration.\n\n(2) The one-year period described in Paragraph (1) of this Subsection, which shall\notherwise be imposed without the benefit of parole, probation, or suspension of sentence,\nmay be suspended if the offender is accepted into a drug division probation program pursuant\nto R.S. 13:5301 et seq. The provisions of R.S. 14:98(F) relative to vehicle seizure and sale\nshall also be applicable to any offender whose sentence is served with the benefit of parole,\nprobation, or suspension of sentence pursuant to the provisions of this Paragraph.\n\n(3)(a) The court, in its discretion, may suspend all or any part of the remainder of the\nsentence of imprisonment imposed pursuant to Paragraph (1) of this Subsection. If any of\nthe remainder of the sentence is suspended, the offender shall be placed on supervised\nprobation with the Department of Public Safety and Corrections, division of probation and\nparole, for not more than a period of five years but not less than a period of time equal to the\nremainder of the sentence of imprisonment, which probation shall commence on the day after\nthe offender's release from imprisonment after serving the mandatory sentence required by\nthis 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 two hundred forty 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 to 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) Participate in substance abuse treatment in an alcohol and drug abuse program\nprovided by a drug division subject to the applicable provisions of R.S. 13:5301 et seq. if the\noffender is otherwise eligible 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 a period of time not less than six months and not more than the remainder of the\nsentence of imprisonment. The terms of home incarceration shall be in compliance with the\nprovisions of R.S. 14:98.5(B) and Code of Criminal 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 third offense violation of R.S. 14:98, any motor\nvehicle, while being operated by the offender, shall be equipped with a functioning ignition\ninterlock device in accordance with the provisions of R.S. 15:306. The ignition interlock\ndevice shall remain installed and operative until the offender has completed the requirements\nof substance abuse treatment and home incarceration, or, if applicable, the requirements of\nthe drug division probation program provided in R.S. 13:5301 et seq.\n\n(ii) Notwithstanding any provision of law to the contrary, any offender convicted of\na third offense violation of R.S. 14:98 shall, after one year of the suspension required by R.S.\n32:414(D)(1)(a), upon proof to the Department of Public Safety and Corrections that the\nmotor vehicles being operated by the offender are equipped with functioning ignition\ninterlock devices, be issued a restricted driver's license. The restricted license shall be\neffective for the period of time that the offender's driver's license is suspended. The\nrestricted license shall entitle the offender to operate the vehicles equipped with a functioning\nignition interlock device in order to earn a livelihood and to travel to and from the places\ndesignated 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(4)(a) In addition to the penalties imposed pursuant to this Section, upon conviction\nof a third offense, the offender shall also be fined an additional one hundred 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 received the benefit of parole, probation, or\nsuspension of sentence on a conviction of a third or subsequent offense violation of R.S.\n14:98, or 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 conviction of a third\nor subsequent offense violation of R.S. 14:98, or if the offender has previously been required\nto participate in substance abuse treatment or home incarceration pursuant to a sentence\nimposed on a conviction of a third or subsequent offense violation of R.S. 14:98, then on a\nconviction of a subsequent third offense violation of R.S. 14:98, notwithstanding any other\nprovision of law to the contrary and regardless of whether the offense occurred before or\nafter an earlier conviction, the offender shall be fined two thousand dollars and imprisoned,\nwith or without hard labor, for not less than two nor more than five years. At least two years\nof the sentence imposed shall be served without benefit of parole, probation, or suspension\nof sentence. Except in compliance with R.S. 14:98.5(B)(1), the mandatory minimum\nsentence cannot be served on home incarceration.\n\n(2) 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)(3) of this Section, except that the offender shall not be sentenced to substance\nabuse treatment provided for by Items (A)(3)(b)(i) and (ii) of this Section. Nothing in this\nSection shall prohibit the court from ordering substance abuse treatment if it determines that\nthe offender is able to pay for the substance abuse treatment.\n\nC. 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 2009, No. 236, \u00a71, eff. July 1, 2009; Acts 2014, No. 385, \u00a71, eff. Jan. 1, 2015;\nActs 2024, No. 662, \u00a71; Acts 2025, No. 194, \u00a71, eff. June 8, 2025."
}