SLS 12RS-659 ENGROSSED
Page 1 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2012
SENATE BILL NO. 306
BY SENATOR WHITE
DWI. Provides relative to cleansing period for prior DWI convictions. (gov sig)
AN ACT1
To amend and reenact R.S. 14:98(F)(2), relative to driving offenses; to provide with respect2
to the crime of operating a vehicle while intoxicated; to provide with respect to the3
ten-year cleansing period for purposes of determining when a person has a prior4
offense; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 14:98(F)(2) is hereby amended and reenacted to read as follows: 7
ยง98. Operating a vehicle while intoxicated8
* * *9
F. * * *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 SB NO. 306
SLS 12RS-659 ENGROSSED
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
or parole for an offense described in Paragraph (1) of this Subsection, under an1
order of attachment for failure to appear, or incarcerated in a penal institution in this2
or any other state shall be excluded in computing the ten-year period.3
* * *4
Section 2. This Act shall become effective upon signature by the governor or, if not5
signed by the governor, upon expiration of the time for bills to become law without signature6
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If7
vetoed by the governor and subsequently approved by the legislature, this Act shall become8
effective on the day following such approval.9
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Angela L. De Jean.
DIGEST
White (SB 306)
Present law provides that offenses committed more than 10 years prior will not be
considered for purposes of determining whether a defendant has a prior DWI conviction.
Present law provides that the 10 year period does not include time in which the offender was
incarcerated.
Proposed law retains present law and adds that the 10 year period will not include the time
in which the defendant is on parole.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 14:98(F)(2))