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Regular Session, 2012
SENATE BILL NO. 687
BY SENATOR PERRY
DWI. Provides relative to the sentencing guidelines for first and subsequent offense DWI.
(gov sig)
AN ACT1
To amend and reenact R.S. 14:98(B)(1) and (2), (C)(1) and (3), (D)(1)(a) and (b)(i), and2
(E)(1)(b)(i), and to enact R.S. 14:98(B)(3), (C)(4), (D)(4), and (E)(5), relative to the3
crime of operating a vehicle while intoxicated; to provide relative to sentencing4
guidelines for conviction of operating a vehicle while intoxicated; and to provide for5
related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 14:98(B)(1) and (2), (C)(1) and (3), (D)(1)(a) and (b)(i), and8
(E)(1)(b)(i) are hereby amended and reenacted, and R.S. 14:98(B)(3), (C)(4), (D)(4), and9
(E)(5) are hereby enacted to read as follows:10
ยง98. Operating a vehicle while intoxicated11
* * *12
B.(1) On a first conviction, notwithstanding any other provision of law to the13
contrary, the offender shall be fined not less than three hundred dollars nor more than14
one thousand dollars, and shall be imprisoned for not less than ten days forty-eight15
hours nor more than six months, and shall be ordered to undergo an evaluation16
and, at the discretion of the court, participate in a treatment program as17 SB NO. 687
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words in boldface type and underscored are additions.
provided in Paragraph (3) of this Subsection. Forty-eight hours of the sentence1
of imprisonment shall be imposed without benefit of probation, parole, or2
suspension of sentence. Imposition or execution of the remainder of the sentence3
shall not be suspended unless:4
(a) The offender is placed on probation with a minimum condition that he5
serve two days in jail, undergo an evaluation and treatment as provided in6
Paragraph (1) of this Subsection, and participate in a court-approved substance7
abuse program pursuant to Subparagraph (3)(a) of this Subsection, and8
participate in a court-approved driver improvement program; or9
(b) The offender is placed on probation with a minimum condition that he10
perform four eight-hour days of court-approved community service activities, at least11
half of which shall consist of participation in a litter abatement or collection12
program, undergo an evaluation and treatment as provided in Paragraph (1) of13
this Subsection, participate in a court-approved substance abuse program pursuant14
to Subparagraph (3)(a) of this Subsection, and participate in a court-approved15
driver improvement program. An offender, who participates in a litter abatement or16
collection program pursuant to this Subparagraph, shall have no cause of action for17
damages against the entity conducting the program or supervising his participation18
therein, including a municipality, parish, sheriff, or other entity, nor against any19
official, employee, or agent of such entity, for any injury or loss suffered by him20
during or arising out of his participation in the program, if such injury or loss is a21
direct result of the lack of supervision or act or omission of the supervisor, unless the22
injury or loss was caused by the intentional or grossly negligent act or omission of23
the entity or its official, employee, or agent.24
(2)(a) On a first conviction if If the offender had a blood alcohol25
concentration of 0.15 percent or more by weight based on grams of alcohol per one26
hundred cubic centimeters of blood, at least forty-eight hours of the sentence27
imposed pursuant to Paragraph (B)(1) of this Subsection shall be served without the28
benefit of parole, probation, or suspension of sentence. Imposition or execution of29 SB NO. 687
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words in boldface type and underscored are additions.
the remainder of the sentence shall not be suspended unless the offender complies1
with Subparagraph (B)(1)(a) or (b) of this Subsection the offender shall be fined2
not less than five hundred dollars nor more than one thousand dollars, and shall3
be imprisoned for not less than three days nor more than six months. Three4
days of the sentence of imprisonment shall be imposed without benefit of5
probation, parole, or suspension of sentence.6
(b) On a first conviction if If the offender had a blood alcohol concentration7
of 0.20 percent or more by weight based on grams of alcohol per one hundred cubic8
centimeters of blood, the offender shall be fined not less than seven hundred fifty9
dollars nor more than one thousand dollars and at least forty-eight hours of the10
sentence imposed pursuant to Paragraph (B)(1) of this Subsection shall be served11
without the benefit of parole, probation, or suspension of sentence. Imposition or12
execution of the remainder of the sentence shall not be suspended unless the offender13
complies with Subparagraph (B)(1)(a) or (b) of this Subsection and shall be14
imprisoned for not less than five days nor more than six months. Five days of15
the sentence of imprisonment shall be imposed without benefit of probation,16
parole, or suspension of sentence.17
(c) Notwithstanding the provisions of Paragraph (1) of this Subsection,18
on a conviction of a first offense when the crime of vehicular homicide occurs19
in violation of R.S. 14:32.1, or first degree vehicular negligent injuring in20
violation of R.S. 14:39.2, the offender shall be imprisoned with or without hard21
labor for not less than one year nor more than five years, and shall be fined two22
thousand dollars. The sentence of imprisonment imposed shall be without23
benefit of probation, parole, or suspension of sentence.24
(d) The offender shall immediately undergo an evaluation by the25
Department of Health and Hospitals, office of behavioral health to determine26
the nature and extent of the offender's substance abuse disorder and shall27
participate in any treatment plan recommended by the office of behavioral28
health.29 SB NO. 687
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(3)(a) The evaluation required by Paragraph (1) of this Subsection shall1
be conducted by the Department of Health and Hospitals, office of behavioral2
health, or by a licensed mental health professional, either as an independent3
practitioner or as an employee of a provider agency, acting within the scope of4
his practice, to determine the nature and extent of the offender's substance use5
disorder. The Department of Health and Hospitals, office of behavioral health,6
shall maintain information regarding best practices for the treatment of such7
substance use disorders, and shall publish such information on its website.8
Each licensed mental health professional conducting the evaluation required by9
this Paragraph shall follow the best practices published by the Department of10
Health and Hospitals, office of behavioral health.11
(b) The Department of Health and Hospitals, office of behavioral health,12
shall establish and maintain on its website a registry of licensed mental health13
professionals who are willing to provide such evaluation services.14
(c) The licensed mental health professional shall recommend a treatment15
plan based upon the evaluation, and the offender shall comply with such16
treatment plan. Any treatment plan recommended pursuant to Paragraph (1)17
of this Subsection may include either treatment in a licensed inpatient or18
residential facility or participation in substance abuse treatment in an alcohol19
and drug abuse program provided by a drug division subject to the applicable20
provisions of R.S. 13:5301 et seq., if the offender is otherwise eligible to21
participate in such program.22
(d) It shall be the responsibility of the offender to obtain the evaluation23
and treatment. All costs of evaluation and treatment shall be borne by the24
offender, unless the offender has been declared indigent.25
C.(1) On a conviction of a second offense, notwithstanding any other26
provision of law to the contrary except as provided in Paragraph (3) of this27
Subsection, regardless of whether the second offense occurred before or after the28
first conviction, the offender shall be fined not less than seven hundred fifty one29 SB NO. 687
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words in boldface type and underscored are additions.
thousand dollars, nor more than one two thousand dollars, and shall be imprisoned1
for not less than thirty days nor more than six months , and shall be ordered to2
undergo an evaluation and participate in a treatment program as provided in3
Paragraph (4) of this Subsection. At least forty-eight hours fifteen days of the4
sentence imposed shall be served without benefit of parole, probation, home5
incarceration, or suspension of sentence. Upon completion of the portion of the6
sentence imposed without benefit of parole, probation, home incarceration, or7
suspension of sentence, nothing Nothing herein shall prohibit a court from8
sentencing a defendant to home incarceration, if otherwise allowed under the9
provisions of Article 894.2 of the Code of Criminal Procedure. Imposition or10
execution of the remainder of the sentence shall not be suspended unless:11
(a) The offender is placed on probation with a minimum condition that he12
serve fifteen days in jail, undergo an evaluation and treatment as provided in13
Paragraph (1) of this Subsection, and participate in a court-approved substance14
abuse program pursuant to Subparagraph (4)(a) of this Subsection and participate15
in a court-approved driver improvement program; or16
(b) The offender is placed on probation with a minimum condition that he17
perform thirty eight-hour days of court-approved community service activities, at18
least half of which shall consist of participation in a litter abatement or collection19
program, undergo an evaluation and treatment as provided in Paragraph (1) of20
this Subsection, and participate in a court-approved substance abuse program21
pursuant to Subparagraph (4)(a) of this Subsection, and participate in a court-22
approved driver improvement program. An offender, who participates in a litter23
abatement or collection program pursuant to this Subparagraph, shall have no cause24
of action for damages against the entity conducting the program or supervising his25
participation therein, including a municipality, parish, sheriff, or other entity, nor26
against any official, employee, or agent of such entity, for any injury or loss suffered27
by him during or arising out of his participation therein, if such injury or loss is a28
direct result of the lack of supervision or act or omission of the supervisor, unless the29 SB NO. 687
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injury or loss was caused by the intentional or grossly negligent act or omission of1
the entity or its official, employee, or agent.2
* * *3
(3)(a) Notwithstanding the provisions of Paragraph (1) of this Subsection, on4
a conviction of a second offense when the first offense or second offense was for the5
crime of vehicular homicide in violation of R.S. 14:32.1, or first degree vehicular6
negligent injuring in violation of R.S. 14:39.2, the offender shall be imprisoned with7
or without hard labor for not less than one year two years nor more than five years,8
and shall be fined two thousand dollars. At least six months of the The sentence of9
imprisonment imposed shall be without benefit of probation, parole, or suspension10
of sentence. Imposition or execution of the remainder of the sentence shall not be11
suspended unless the provisions of Subparagraph (1)(a) or (b) of this Subsection are12
complied with.13
(b) The offender shall immediately undergo an evaluation by the14
Department of Health and Hospitals, office of behavioral health to determine15
the nature and extent of the offender's substance abuse disorder and shall16
participate in any treatment plan recommended by the office of behavioral17
health.18
(4)(a) The evaluation required by Paragraph (1) of this Subsection shall19
be conducted by the Department of Health and Hospitals, office of behavioral20
health, or by a licensed mental health professional, either as an independent21
practitioner or as an employee of a provider agency, acting within the scope of22
his practice, to determine the nature and extent of the offender's substance use23
disorder. The Department of Health and Hospitals, office of behavioral health,24
shall maintain information regarding best practices for the treatment of such25
substance use disorders, and shall publish such information on its website.26
Each licensed mental health professional conducting the evaluation required by27
this Paragraph shall follow the best practices published by the Department of28
Health and Hospitals, office of behavioral health.29 SB NO. 687
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words in boldface type and underscored are additions.
(b) The Department of Health and Hospitals, office of behavioral health,1
shall establish and maintain on its website a registry of licensed mental health2
professionals who are willing to provide such evaluation services.3
(c) The licensed mental health professional shall recommend a treatment4
plan based upon the evaluation, and the offender shall comply with such5
treatment plan. Any treatment plan recommended pursuant to Paragraph (1)6
of this Subsection may include either treatment in a licensed inpatient or7
residential facility or participation in substance abuse treatment in an alcohol8
and drug abuse program provided by a drug division subject to the applicable9
provisions of R.S. 13:5301 et seq., if the offender is otherwise eligible to10
participate in such program.11
(d) It shall be the responsibility of the offender to obtain the evaluation12
and treatment. All costs of evaluation and treatment shall be borne by the13
offender, unless the offender has been declared indigent.14
D.(1)(a) On a conviction of a third offense, notwithstanding any other15
provision of law to the contrary and regardless of whether the offense occurred16
before or after an earlier conviction, the offender shall be imprisoned with or without17
hard labor for not less than one year three years nor more than five ten years and18
shall be fined two thousand dollars. One year of the sentence of imprisonment shall19
be imposed without benefit of probation, parole, or suspension of sentence. The20
court, in its discretion, may suspend all or any part of the remainder of the sentence21
of imprisonment. If any portion of the sentence is suspended, the offender shall be22
placed on supervised probation with the Department of Public Safety and23
Corrections, division of probation and parole, for a period of time equal to the24
remainder of the sentence of imprisonment, which probation shall commence on the25
day after the offender's release from custody.26
(b) Any offender placed on probation pursuant to the provisions of this27
Subsection shall be required as a condition of probation to participate in thirty eight-28
hour days of court-approved community service activities and to submit to and29 SB NO. 687
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words in boldface type and underscored are additions.
complete either of the following requirements:1
(i) To immediately undergo an evaluation by a licensed mental health2
professional, who is an employee of the Department of Health and Hospitals, office3
of behavioral health, following the best practices published by the office of4
behavioral health, to determine the nature and extent of the offender's substance5
abuse disorder and to participate in any treatment plan recommended by the office6
of behavioral health, including treatment in an inpatient facility approved by the7
office for a period of not less than four weeks followed by outpatient treatment8
services for a period not to exceed twelve months, or as determined by medical9
necessity criteria.10
* * *11
(4) It shall be the responsibility of the offender to obtain the evaluation12
and treatment. All costs of evaluation and treatment shall be borne by the13
offender, unless the offender has been declared indigent.14
E.(1)(a) * * *15
(b) Any offender placed on probation pursuant to the provisions of this16
Subsection shall be required, as a condition of probation, to participate in forty eight-17
hour days of court-approved community service activities and to submit to and18
complete either of the following requirements:19
(i) To immediately undergo an evaluation by a licensed mental health20
professional, who is an employee of the Department of Health and Hospitals, office21
of behavioral health, following the best practices published by the office of22
behavioral health, to determine the nature and extent of the offender's substance23
abuse disorder and to participate in any treatment plan recommended by the office24
of behavioral health, including treatment in an inpatient facility approved by the25
office for a period of not less than four weeks followed by outpatient treatment26
services for a period not to exceed twelve months, or as determined by medical27
necessity criteria.28
* * *29 SB NO. 687
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(5) It shall be the responsibility of the offender to obtain the evaluation1
and treatment. All costs of evaluation and treatment shall be borne by the2
offender, unless the offender has been declared indigent.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 Alden A. Clement, Jr.
DIGEST
Perry (SB 687)
Present law provides relative to the crime of operating a vehicle while intoxicated and
provides penalties.
Present law provides that on a first conviction of operating a vehicle while intoxicated, the
offender is to be fined not less than $300 nor more than $1,000, and imprisoned for not less
than 10 days nor more than six months. Present law further provides that imposition or
execution of sentence can be suspended under certain circumstances.
Proposed law provides that the offender is to be fined not less than $300 nor more than
$1,000, and imprisoned for not less than 48 hours nor more than six months, and undergo
an evaluation by the Dept. of Health and Hospitals (DHH) and, at the court's discretion,
participate in any treatment program recommended by DHH. Proposed law further provides
that first offenders who are placed on probation under certain circumstances are also
required to undergo an evaluation by DHH. Proposed law further provides that at least 48
hours of the sentence of imprisonment must be served without benefit of probation, parole,
or suspension of sentence. Proposed law further provides that the remainder of the sentence
cannot be suspended unless certain conditions relative to evaluation and treatment are met.
Present law provides that on a first conviction, in addition to other present law penalties, if
the offender had a blood alcohol concentration of 0.15 percent or more, then at least 48 hours
of the sentence must be served without the benefit of parole, probation, or suspension of
sentence, and imposition or execution of the remainder of the sentence cannot be suspended
unless the offender complies with certain provisions of present law.
Proposed law provides that on a first conviction, if the offender had a blood alcohol
concentration of 0.15 percent or more, he is to be fined not less than $500 nor more than
$1,000, and imprisoned for not less than three days nor more than six months. Proposed law
further provides that three days of the sentence of imprisonment must be imposed without
benefit of probation, parole, or suspension of sentence.
Present law provides that on a first conviction, in addition to other present law penalties, if
the offender had a blood alcohol concentration of 0.20 percent or more, then the offender
shall be fined not less than $750 nor more than $1,000, and at least 48 hours of the sentence SB NO. 687
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words in boldface type and underscored are additions.
imposed must be served without the benefit of parole, probation, or suspension of sentence,
and imposition or execution of the remainder of the sentence cannot be suspended unless the
offender complies with certain provisions of present law.
Proposed law provides that on a first conviction, if the offender had a blood alcohol
concentration of 0.20 percent or more, he is to be fined not less than $750 dollars nor more
than $1,000, and imprisoned for not less than five days nor more than six months. Proposed
law further provides that five days of the sentence of imprisonment must be imposed without
benefit of probation, parole, or suspension of sentence.
Proposed law provides that on a conviction of a first offense when the crime of vehicular
homicide or first degree vehicular negligent injuring occurs, the offender is to be imprisoned
with or without hard labor for not less than one year nor more than five years, without
benefit of probation, parole, or suspension of sentence, and is to be fined $2,000. Proposed
law further provides that the offender must immediately undergo an evaluation by DHH to
determine the nature and extent of the offender's substance abuse disorder and the offender
must participate in any treatment plan recommended by DHH.
Present law provides that on a conviction of a second offense of operating a vehicle while
intoxicated, and regardless of whether the second offense occurred before or after the first
conviction, the offender is to be fined not less than $750 nor more than $1,000, and is to be
imprisoned for not less than 30 days nor more than six months. Present law further provides
that at least 48 hours of the sentence is to be served without benefit of parole, probation, or
suspension of sentence. Present law further provides that the offender may be sentenced to
home incarceration, and provides that imposition or execution of sentence can be suspended
under certain circumstances.
Proposed law provides that on a second conviction, the offender is to be fined not less than
$1,000 nor more than $2,000, and imprisoned for not less than 30 days nor more than six
months. Proposed law further provides that persons convicted of a second offense must
undergo an evaluation by the DHH to determine the nature and extent of the offender's
substance use disorder and to participate in any treatment program recommended by the
office, which may include either treatment in an inpatient facility or substance abuse
treatment in an alcohol and drug abuse program provided by a drug division pursuant to
present law. Proposed law further provides that at least 15 days of the sentence of
imprisonment is to be served without benefit of parole, probation, home incarceration, or
suspension of sentence. Proposed law further provides that upon completion of the portion
of the sentence that cannot be suspended, the offender may serve home incarceration if
otherwise eligible for home incarceration under present law. Proposed law further provides
that the remainder of the sentence cannot be suspended unless certain conditions relative to
evaluation and treatment are met. Proposed law further provides that second offenders who
are placed on probation under certain circumstances are also required to undergo an
evaluation by DHH.
Proposed law provides that the evaluation required by proposed law is to be conducted by
DHH or by a licensed mental health professional, either as an independent practitioner or as
an employee of a provider agency, acting within the scope of his practice, to determine the
nature and extent of the offender's substance use disorder. Proposed law further provides
that DHH is to maintain information regarding best practices for the treatment of such
substance use disorders, and is to publish such information on its website. Proposed law
further provides that each licensed mental health professional conducting the evaluation
required by this Paragraph is to follow the best practices published by DHH.
Proposed law provides that DHH is to establish and maintain on its website a registry of
licensed mental health professionals who are willing to provide such evaluation services.
Proposed law provides that the licensed mental health professional is to recommend a
treatment plan based upon the evaluation, and the offender must comply with such treatment SB NO. 687
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words in boldface type and underscored are additions.
plan. Proposed law further provides that any treatment plan recommended may include
either treatment in a licensed inpatient or residential facility or participation in substance
abuse treatment in an alcohol and drug abuse program provided by a drug division subject
to the applicable provisions of present law, if the offender is otherwise eligible to participate
in such program.
Proposed law provides that it is the offender's responsibility to obtain the evaluation and
treatment plan, and all costs of evaluation and treatment will be borne by the offender, unless
the offender has been declared indigent.
Proposed law otherwise retains present law.
Present law provides that on a conviction of a third offense of operating a vehicle while
intoxicated, the offender is to be imprisoned with or without hard labor for not less than one
year nor more than five years and fined $2,000. Present law further provides that one year
of the sentence of imprisonment is to be imposed without benefit of probation, parole, or
suspension of sentence.
Proposed law provides that on a third conviction, the offender is to be imprisoned, with or
without hard labor, for not less than three years nor more than 10 years and fined $2,000.
Proposed law otherwise retains present law.
Present law provides that persons convicted of third and fourth and subsequent offense
operating a vehicle while intoxicated who are placed on probation, in addition to other
present law requirements, are required to either undergo an evaluation by the DHH to
determine the nature and extent of the offender's substance abuse disorder and to participate
in any treatment plan recommended by DHH, including treatment in an inpatient facility
approved by the office, or to participate in substance abuse treatment in an alcohol and drug
abuse program provided by a drug division pursuant to present law.
Proposed law retains present law, and adds that it is the responsibility of the offender to
obtain the evaluation and treatment, and to bear all costs of evaluation and treatment unless
the offender has been declared indigent.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 14:98(B)(1) and (2), (C)(1) and (3), (D)(1)(a) and (b)(i), and (E)(1)(b)(i); adds
R.S. 14:98(B)(3), (C)(4), (D)(4), and (E)(5))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary C to the
original bill
1. Deletes provisions that no part of the sentence of imprisonment for first
offense DWI under various circumstances can be suspended.
2. Adds provisions requiring that a certain period of the sentence of
imprisonment for first offense DWI under certain circumstances must be
served without benefit of probation, parole, or suspension of sentence.
3. Deletes provisions that no part of the sentence of imprisonment for second
offense DWI can be suspended.
4. Adds provisions requiring substance abuse evaluation and treatment for
second offense DWI. SB NO. 687
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words in boldface type and underscored are additions.
5. Deletes provision that no part of the sentence of imprisonment for third
offense DWI can be suspended.
6. Deletes provision that no part of the sentence of imprisonment for fourth
offense DWI can be suspended.