Baton Rouge City Court - Operating a Vheicle While Intoxicated (DWI)

DWI Lawyer 

The listed Operating a Vehicle While Intoxicated charge below is an offense prosecuted in Baton Rouge City Court. It is a misdemeanor offense. Felonies are prosecuted in District Court. Mr. Barkemeyer is skilled and experienced at handling misdemeanors is Baton Rouge City Court. Contact him at (225) 964-6720 if you or someone you know has a criminal charge in City Court.

Sec. 11:140. Operating a vehicle while intoxicated.

(a)

The crime of operating a vehicle while intoxicated is the operating of any motor vehicle, aircraft, watercraft, vessel, or other means of 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 one hundred (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, V as set forth in 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)

(1)

On a first conviction, not withstanding any other provision 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 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 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 in a direct result of lack of supervision or act omission of the supervisor, unless the 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 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 forty-eight (48) hours of the sentence imposed pursuant to paragraph (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 paragraph (b)(1)a. or b. of this section.

(c)

(1)

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 seven hundred fifty dollars ($750.00), and not more than one thousand dollars ($1,000.00) and imprisoned for not less than thirty (30) days not more than six (6) months. At least forty-eight (48) hours of the sentence imposed shall be served without the benefit of parole or probation, or if the offender had a blood alcohol concentration of 0.15 or greater, at least four (4) days 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:

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 in a direct result of lack of supervision or act omission of the supervisor, unless the 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 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 paragraph (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 paragraph (c)(1)a. or b. of this section.

(d)

Reserved.

(e)

Any offense under this section committed more than ten (10) 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.

(f)

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.

(g)

This subsection shall be cited as the "Child Endangerment Law." When the prosecutor proves in addition to the elements of the crime as set forth in subsection (a) of this section that a minor child twelve (12) years of age or younger was a passenger in the motor vehicle, aircraft, watercraft, vessel, or their means of motorized conveyance at the time of the commission of the offense, of the sentence imposed by the court, the execution of the minimum mandatory sentence provided by subsection (b) or (c) of this section, as appropriate, shall not be suspended.

(h)

For the purposes of determining whether a defendant has a prior conviction for violation of this section, a conviction under either La. R.S. 14:32.1, Vehicular homicide, or section 13:39.1 (of this code), Vehicular negligent injuring, or a conviction under the laws of the any state or an ordinance of any municipality, town, or similar political subdivision or another state, which prohibits the operation of any motor vehicle, aircraft, watercraft, vessel, or other means of conveyance while intoxicated, while impaired, or while under the influence of alcohol, drugs, or any controlled dangerous substance shall constitute a prior conviction. This determination shall be made by the court as a matter of law.

(City Code 1951, Title 11, § 140; City Ord. No. 4748, § 1, 8-25-82; Ord. No. 7419, § 1, 11-25-84; Ord. No. 8117, § 1, 3-12-86; Ord. No. 8763, § 1, 10-12-88; Ord. No. 9737, §§ 1, 2, 10-27-93; Ord. No. 10065, §§ 1, 2, 10-26-94; Ord. No. 10748, § 1, 10-23-96; Ord. No. 11680, § 1, 3-8-00; Ord. No. 12353, § 1, 6-26-02; Ord. No. 12774, § 1, 10-22-03)

State law reference— Similar provisions, R.S. 14:98.

 

 

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