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Coding: Words which are struck through are deletions from existing law;
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Regular Session, 2010
SENATE BILL NO. 215
BY SENATOR MOUNT
DWI. Amends the penalty provisions for a third and fourth offense DWI. (gov sig)
AN ACT1
To amend and reenact R.S. 14:98(D)(1)(a) and (E)(1)(a) and (4)(b), relative to offenses2
involving operating a vehicle while intoxicated; to provide with respect to the crime3
of operating a vehicle while intoxicated; to amend the criminal penalties for such4
crime; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 14:98(D)(1)(a) and(E)(1)(a) and (4)(b) are hereby amended and7
reenacted to read as follows:8
ยง98. Operating a vehicle while intoxicated9
* * *10
D.(1)(a) On a conviction of a third offense, notwithstanding any other11
provision of law to the contrary and regardless of whether the offense occurred12
before or after an earlier conviction, the offender shall be imprisoned with or without13
hard labor for not less than one year nor more than five years and shall be fined two14
thousand dollars. Forty-five days one year of the sentence of imprisonment shall be15
imposed without benefit of probation, parole, or suspension of sentence. The court,16
in its discretion, may suspend all or any part of the remainder of the sentence of17 SB NO. 215
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
imprisonment. If any portion of the sentence is suspended, the offender shall be1
placed on supervised probation with the Department of Public Safety and2
Corrections, division of probation and parole, for a period of time equal to the3
remainder of the sentence of imprisonment, which probation shall commence on the4
day after the offender's release from custody.5
* * *6
E.(1)(a) Except as otherwise provided in Subparagraph (4)(b) of this7
Subsection, on a conviction of a fourth or subsequent offense, notwithstanding any8
other provision of law to the contrary and regardless of whether the fourth offense9
occurred before or after an earlier conviction, the offender shall be imprisoned with10
or without hard labor for not less than ten years nor more than thirty years and shall11
be fined five thousand dollars. Seventy-fiv e days Three years of the sentence of12
imprisonment shall be imposed without benefit of probation, parole, or suspension13
of sentence. The court, in its discretion, may suspend all or any part of the remainder14
of the sentence of imprisonment. If any portion of the sentence is suspended, the15
offender shall be placed on supervised probation with the Department of Public16
Safety and Corrections, division of probation and parole, for a period of time not to17
exceed five years, which probation shall commence on the day after the offender's18
release from custody.19
* * *20
(4)(a) * * *21
(b) If the offender has previously received the benefit of suspension of22
sentence, probation, or parole as a fourth offender, in addition to the mandatory23
three years which must be served, no part of the remainder of the sentence may24
be imposed with benefit of suspension of sentence, probation, or parole, and no25
portion of the sentence shall be imposed concurrently with the remaining balance of26
any sentence to be served for a prior conviction for any offense.27
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Section 2. This Act shall become effective upon signature by the governor or, if not29 SB NO. 215
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words in boldface type and underscored are additions.
signed by the governor, upon expiration of the time for bills to become law without signature1
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. if2
vetoed by the governor and subsequently approved by the legislature, this act shall become3
effective on the day following such approval.4
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Michael Bell.
DIGEST
Present law provides that on a conviction of a third offense DWI, the offender will be
imprisoned with or without hard labor for not less than one year nor more than five years and
shall be fined $2,000 and imprisoned for 45 days without benefit of probation, parole, or
suspension of sentence. The court, in its discretion, may suspend all or any part of the
remainder of the sentence of imprisonment.
Proposed law maintains present law and enhances the imprisonment sentence from 45 days
to one year without benefit of probation, parole, or suspension of sentence.
Present law provides that on a conviction of a fourth or subsequent offense, the offender will
be imprisoned with or without hard labor for not less than 10 years nor more than 30 years
and shall be fined $5,000 and imprisoned for 75 days without benefit of probation, parole,
or suspension of sentence. The court, in its discretion, may suspend all or any part of the
remainder of the sentence of imprisonment.
Proposed law maintains present law and enhances the imprisonment sentence from 75 days
to three years without benefit of probation, parole, or suspension of sentence.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 98(D)(1)(a) and (E)(1)(a) and (4)(b))