{
 "citation": "14:98.6",
 "heading": "Underage operating while impaired",
 "doc_id": "919569",
 "source_url": "https://legis.la.gov/legis/Law.aspx?d=919569",
 "classification": "M",
 "enacted_year": "2014",
 "last_amended_year": "2024",
 "penalties": [
  {
   "subsection": "C(1)",
   "text": "C.(1) On a first conviction, the offender shall be fined not less than one hundred dollars nor more than two hundred fifty dollars, and imprisoned for not less than ten days nor more than three months.",
   "los_min": "10D",
   "los_max": "3M",
   "hard_labor": "",
   "benefits": "",
   "death": false,
   "condition": ""
  },
  {
   "subsection": "C(2)",
   "text": "(2) On a second or subsequent conviction, regardless of whether the second offense occurred before or after the first conviction, the offender shall be fined not less than two hundred fifty dollars nor more than five hundred dollars, and imprisoned for not less than thirty days nor more than six months.",
   "los_min": "30D",
   "los_max": "6M",
   "hard_labor": "",
   "benefits": "",
   "death": false,
   "condition": ""
  }
 ],
 "referenced_statutes": [
  "14:98",
  "14:98.5"
 ],
 "text": "RS 14:98.6\n\n\u00a798.6. Underage operating while impaired\n\nA. The crime of underage operating a vehicle while impaired is the operating of any\nmotor vehicle, aircraft, watercraft, vessel, or other means of conveyance when the operator's\nblood alcohol concentration is 0.02 percent or more by weight based on grams of alcohol per\none hundred cubic centimeters of blood, if the operator is under the age of twenty-one.\n\nB. Any underage person whose blood alcohol concentration is found to be in\nviolation of R.S. 14:98(A)(1)(b) shall be charged under the provisions of that Subparagraph\nrather than under this Section.\n\nC.(1) On a first conviction, the offender shall be fined not less than one hundred\ndollars nor more than two hundred fifty dollars, and imprisoned for not less than ten days nor\nmore than three months. Imposition or execution of sentence shall not be suspended unless\nthe offender is placed on probation with the minimum conditions that he:\n\n(a) Perform 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 and driver improvement\nprogram.\n\n(2) On a second or subsequent conviction, regardless of whether the second offense\noccurred before or after the first conviction, the offender shall be fined not less than two\nhundred fifty dollars nor more than five hundred dollars, and imprisoned for not less than\nthirty days nor more than six months. Imposition or execution of sentence under this\nParagraph shall not be suspended unless the offender is placed on probation with the\nminimum conditions that he:\n\n(a) Serve forty-eight hours in jail without benefit of parole, probation, or suspension\nof sentence, or in lieu thereof, perform no less than eighty hours of court-approved\ncommunity service activities, at least half of which shall consist of participation in a litter\nabatement or collection program.\n\n(b) Participate in a court-approved substance abuse program.\n\n(c) Participate in a court-approved driver improvement program.\n\n(3) Nothing in this Section shall prohibit a court from sentencing an offender to serve\nany portion of the sentence under home incarceration either in lieu of, or in addition to, a\nterm of imprisonment if otherwise allowed under the provisions of Code of Criminal\nProcedure Article 894.2 and R.S. 14:98.5(B).\n\n(4) The court may 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 accordance with R.S. 14:98.5(C).\n\nD. Court programs regarding substance abuse as provided for by Subsection C of this\nSection shall include a screening procedure to determine the portions of the program that\nmay be applicable and appropriate for individual offenders.\n\nActs 2014, No. 385, \u00a71, eff. Jan. 1, 2015; Acts 2024, No. 662, \u00a71."
}