§ 18-27. Operating a vehicle while intoxicated.
(a)
(1)
The crime of operating a vehicle while intoxicated is the operating of any motor vehicle, aircraft, watercraft, vessel, or other means of conveyance when:
a.
The operator is under the influence of alcoholic beverages; or
b.
The operator's blood alcohol concentration is 0.10 percent or more by weight based on grams of alcohol per one hundred (100) cubic centimeters of blood; or
c.
The operator is under the influence of any controlled dangerous substance listed in Schedule I, II, III, IV, or V as set forth in R.S. 40:964.
(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 intoxicated.
(b)
(1)
On a first conviction, notwithstanding any other provision of law to the contrary, the offender shall be fined not less than three hundred dollars ($300.00) nor more than one thousand dollars ($1,000.00), and shall be imprisoned for not less than ten (10) days nor more than six (6) months. Imposition or execution of sentence shall not be suspended unless:
a.
The offender is placed on probation with a minimum condition that the he serve two (2) days in jail and participate in a court-approved substance abuse program and participate in a court-approved driver improvement program; or
b.
The offender is placed on probation with a minimum condition that he perform four (4) eight-hour days of court-approved community service activities, at least 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 suffered by him during or arising out of his participation in the program, if such injury or loss is a direct result of the 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 or, employee or agent.
(2)
If the offender had a blood alcohol concentration of 0.15 percent or more by weight based on grams of alcohol per one hundred cubic centimeters of blood, at least forty-eight (48) hours of the sentence imposed pursuant to subparagraph (b)(1) 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 subparagraph (b)(1)a or b of this section.
(c)
(1)
On a conviction of a second offense, notwithstanding any other provision of law to the contrary, regardless of whether the second offense occurred before or after the first conviction, the offender shall be fined not less than seven hundred fifty dollars ($750.00), nor more than one thousand dollars ($1,000.00), and shall be imprisoned for not less than thirty (30) days nor more than six (6) months. At least forty-eight (48) hours of the sentence imposed shall be served without 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:
a.
The offender is placed on probation with a minimum condition that he serve fifteen (15) days in jail and participate in a court-approved substance abuse program and participate in a court-approved driver improvement program; or
b.
The offender is placed on probation with a minimum condition that he perform thirty (30) eight-hour days of court-approved community service activities, at least half of which shall consist of participation in a litter abatement or collection program, and 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 suffered by him during or arising out of his participation therein, if such injury or loss is a direct result of the 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.
(2)
If the offender had a blood alcohol concentration of 0.15 percent or more by weight based on grams of alcohol per one hundred (100) cubic centimeters of blood, at least ninety-six (96) hours of the sentence imposed pursuant to subparagraph (c)(1) 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 subparagraph (c)(1)a or b of this section.
(Ord. No. 1189, 6-5-84; Ord. No. 1755, 2-15-2000)
State law reference
Similar provisions, R.S. 14:98.