HLS 14RS-1329 ORIGINAL
Page 1 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2014
HOUSE BILL NO. 511
BY REPRESENTATIVE GUILLORY
DWI: Provides relative to operating a vehicle while intoxicated
AN ACT1
To amend and reenact R.S. 14:98(F), relative to operating a vehicle while intoxicated; to2
provide relative to multiple offenses of operating a vehicle while intoxicated; to3
provide relative to determinations of prior convictions of such offenses; and to4
provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 14:98(F) is hereby amended and reenacted to read as follows: 7
ยง98. Operating a vehicle while intoxicated8
* * *9
F.(1) For purposes of determining whether a defendant has a prior conviction10
for violation of this Section, a conviction under either R.S. 14:32.1, vehicular11
homicide, R.S. 14:39.1, vehicular negligent injuring, or R.S. 14:39.2, first degree12
vehicular negligent injuring, or a conviction under the laws of any state or an13
ordinance of a municipality, town, or similar political subdivision of another state,14
which prohibits the operation of any motor vehicle, aircraft, watercraft, vessel, or15
other means of conveyance while intoxicated, while impaired, or while under the16
influence of alcohol, drugs, or any controlled dangerous substance shall constitute17
a prior conviction. This determination shall be made by the court as a matter of law.18
(2) For purposes of this Section, a prior conviction shall not include a19
conviction for an offense under this Section, under R.S. 14:32.1, R.S. 14:39.1, or20 HLS 14RS-1329 ORIGINAL
HB NO. 511
Page 2 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
R.S. 14:39.2, or under a comparable statute or ordinance of another jurisdiction, as1
described in Paragraph (1) of this Subsection, if committed more than ten years prior2
to the commission of the crime for which the defendant is being tried and such3
conviction shall not be considered in the assessment of penalties hereunder.4
However, periods of time during which the offender was awaiting trial, on probation5
or parole for an offense described in Paragraph (1) of this Subsection, under an order6
of attachment for failure to appear, or incarcerated in a penal institution in this or any7
other state shall be excluded in computing the ten-year period.8
* * *9
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)]
Guillory HB No. 511
Abstract: Provides relative to the calculation of multiple offenses for purposes of second
and subsequent convictions of operating a vehicle while intoxicated.
Present law provides for the crime of operating a vehicle while intoxicated and provides for
increased penalties for second and subsequent convictions of this offense.
Present law provides that for the purposes of determining whether a defendant has a prior
conviction for operating a vehicle while intoxicated, a conviction for vehicular homicide,
vehicular negligent injuring, or first degree vehicular negligent injuring, or a conviction
under the laws of any state or ordinance which prohibits the operation of a vehicle while
intoxicated shall constitute a prior conviction.
Present law provides that in making this determination, a prior conviction shall not include
a conviction for an offense committed more than ten years prior to the commission of the
current offense for which the defendant is being tried. Present law further provides that
periods of time during which the offender was awaiting trial, on probation or parole, 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 ten-year period.
Proposed law repeals the present law provision that provides that a prior conviction shall not
include a conviction for an offense committed more than ten years prior to the commission
of the current offense for which the defendant is being tried.
(Amends R.S. 14:98(F))