HLS 12RS-1143 ORIGINAL
Page 1 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 560
BY REPRESENTATIVE LOPINTO
DWI: Amends provisions relative to multiple offenses of operating a vehicle while
intoxicated
AN ACT1
To amend and reenact R.S.14:98(F)(2), relative to operating a vehicle while intoxicated; to2
provide relative to operating a vehicle while intoxicated; to amend provisions3
relative to multiple convictions of the offense; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S.14:98(F)(2) is hereby amended and reenacted to read as follows: 6
ยง98. Operating a vehicle while intoxicated7
* * *8
F.9
* * *10
(2) For purposes of this Section, a prior conviction shall not include a11
conviction for an offense under this Section, under R.S. 14:32.1, R.S. 14:39.1, or12
R.S. 14:39.2, or under a comparable statute or ordinance of another jurisdiction, as13
described in Paragraph (1) of this Subsection, if committed more than ten years prior14
to the commission of the crime for which the defendant is being tried and such15
conviction shall not be considered in the assessment of penalties hereunder.16
However, periods of time during which the offender was awaiting trial, on probation17
or parole for an offense described in Paragraph (1) of this Subsection, under an order18
of attachment for failure to appear, or incarcerated in a penal institution in this or any19
other state shall be excluded in computing the ten-year period.20
* * *21 HLS 12RS-1143 ORIGINAL
HB NO. 560
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Lopinto HB No. 560
Abstract: Amends provisions relative to multiple offenses of operating a vehicle while
intoxicated.
Present law provides that for purposes of determining whether a defendant has a prior
conviction for violation of operating a vehicle while intoxicated, convictions of other
specified driving offenses shall constitute a prior conviction of the offense if committed less
than 10 years prior to the commission of the crime for which the defendant is being tried.
Present law further provides that periods of time during which the offender was awaiting
trial, on probation for certain driving offenses, under an order of attachment for failure to
appear, or incarcerated in a penal institution in this or any other state shall be excluded in
computing the 10-year period.
Proposed law amends present law and provides that periods of time during which the
offender was on parole for certain driving offenses shall be excluded in computing the 10-
year period.
(Amends R.S. 14:98(F)(2))