§ 154-381. Operating a vehicle while intoxicated.

(a)

The crime of operating a vehicle while intoxicated is the operation of any motor vehicle, aircraft, watercraft, vessel, or other means of motorized conveyance when:

(1)

The operator is under the influence of alcoholic beverages; or

(2)

The operator's blood alcohol concentration is 0.08 percent or more by weight based on grams of alcohol per 100 cubic centimeters of blood; or

(3)

The operator is under the influence of any controlled dangerous substance listed in Schedule I, II, III, IV, or V as set forth in La. R.S. 40:964; or

(4)

The operator is under the influence of a combination of alcohol and one or more drugs, which are not controlled dangerous substances and which are legally obtainable with or without a prescription, and the label on the container of the prescription drug or the manufacturer's package of the drug contains a warning against combining the medication with alcohol; or

(5)

The operator is under the influence of one or more drugs which are not controlled dangerous substances and which are legally obtainable with or without a prescription, and the influence is caused by the operator knowingly consuming quantities of the drug or drugs which substantially exceed the dosage prescribed by the physician or the dosage recommended by the manufacturer of the drug.

(b)

On a first conviction, notwithstanding any other provision of law to the contrary, the offender shall be fined not less than $300.00 nor more than $1,000.00, and shall be imprisoned for not less than ten days nor more than six months. Imposition or execution of the sentence shall not be suspended unless:

(1)

The offender is placed on probation with a minimum condition that he serve 48 hours in jail, participate in a court-approved substance abuse program, and participate in a court-approved driver improvement program; or

(2)

The offender is placed on probation with a minimum condition that he perform four eight-hour days of court-approved community service activities, at least one-half of which shall consist of participation in a litter abatement or collection program; participate in a court-approved substance abuse program; and participate in a court-approved driver improvement program. An offender who participates in a litter abatement or collection program pursuant to this subparagraph shall have no cause of action for damages against the entity conducting the program or supervising his participation therein, including a municipality, parish, sheriff, or other entity, nor against any official, employee, or agent of such entity, for any injury or loss as a direct result of lack of supervision or act or omission of the supervisor, unless the injury or loss was caused by the intentional or grossly negligent act or omission of the entity or its official, employee, or agent.

The court may order that the offender not operate a motor vehicle during the period of probation, or such longer time as permitted by state law, or such shorter time as set by the court, unless any vehicle, while being operated by the offender, is equipped with a functioning ignition interlock device in compliance with the requirements of R.S. 14:98.5(C) and R.S. 32:378.2.

(c)

If the offender had a blood alcohol concentration of 0.15 percent or more by weight based on grams of alcohol per 100 cubic centimeters of blood, at least 48 hours of the sentence imposed pursuant to paragraph (b) of this section shall be served without the benefit of parole, probation, or suspension of sentence. Imposition or execution of the remainder of the sentence shall not be suspended unless the offender complies with paragraph (b)(1) or (b)(2) of this section.

(d)

On a second conviction, notwithstanding any other provision of law to the contrary, regardless of whether the second conviction occurred before or after the first conviction, the offender shall be fined not less than $750.00 nor more than $1,000.00, and imprisoned for not less than 30 days nor more than six months. At least 48 hours of the sentence imposed shall be served without the benefit of parole, probation, or suspension of sentence.

Nothing herein shall prohibit a court from sentencing a defendant to home incarceration, if otherwise allowed under the provisions of Article 894.2 of the Code of Criminal Procedure. Imposition or execution of the remainder of the sentence shall not be suspended unless:

(1)

The offender is placed on probation with a minimum condition that he serve 15 days in jail, participate in a court-approved substance abuse program, and participate in a court-approved driver improvement program; or

(2)

The offender is placed on probation with a minimum condition that he performs 30 eight-hour days of court-approved community service activities, at least one-half of which shall consist of participation in a litter abatement or collection program; participate in a court-approved substance abuse program; and participate in a court-approved driver improvement program. An offender who participates in a litter abatement or collection program pursuant to this subparagraph shall have no cause of action for damages against the entity conducting the program or supervising his participation therein, including a municipality, parish, sheriff, or other entity, nor against any official, employee, or agent of such entity, for any injury or loss as a direct result of lack of supervision or act or omission of the supervisor, unless the injury or loss was caused by the intentional or grossly negligent act or omission of the entity or its official, employee, or agent.

The court shall order that the offender not operate a motor vehicle during the period of probation, or such longer time as permitted by state law, or such shorter time as set by the court, unless any vehicle, while being operated by the offender, is equipped with a functioning ignition interlock device in compliance with the requirements of R.S. 14:98.5(C) and R.S. 32:378.2.

(e)

If the offender had a blood alcohol concentration of 0.15 percent or more by weight based on grams of alcohol per 100 cubic centimeters of blood, at least 96 hours of the sentence imposed pursuant to paragraph (d) of this section shall be served without the benefit of parole, probation, or suspension of sentence. Imposition or execution of the remainder of the sentence shall not be suspended unless the offender complies with paragraph (d)(1) or (d)(2) of this section.

(f)

Any offense under this section committed more than ten years prior to the commission of the crime for which the defendant is being tried shall not be considered in the assessment of penalties hereunder.

(g)

Court-approved substance abuse programs provided for herein shall include a screening procedure to determine the portions of the program which may be applicable and appropriate for individual offenders.

(h)

This subsection shall be cited as the "Child Endangerment Law." When, in addition to the elements of the crime as set forth in subsection (a) of this section, a minor child 12 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, the execution of the appropriate minimum mandatory sentences provided herein shall not be suspended.

(i)

For the purposes of determining whether a defendant has a prior conviction for violation of this section, the following shall constitute a prior conviction and determination of such shall be made by the court as a matter of law: a conviction under La. R.S. 14:98, vehicular homicide, vehicular negligent injuring, or a conviction under the laws of any state or an ordinance of any municipality, town, or similar political subdivision of another state, which prohibits the operation of any motor vehicle, aircraft, watercraft, vessel, or other means of motorized conveyance while intoxicated, while impaired, or while under the influence of alcohol, drugs, or any controlled dangerous substance.

(Code 1956, § 38-110; M.C.S., Ord. No. 27404, § 1, 5-4-17)

State law reference

Operating a vehicle while intoxicated, R.S. 14:98; operating a vehicle under the influence of alcoholic beverages, R.S. 32:661.