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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
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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 ENGROSSED
HB NO. 511
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R.S. 14:39.2, or under a comparable statute or ordinance of another jurisdiction, as1
described in Paragraph (1) of this Subsection, or a conviction under the laws of any2
state or an ordinance of a municipality, town, or similar political subdivision of3
another state which prohibits the operation of any motor vehicle, aircraft, watercraft,4
vessel, or other means of conveyance while intoxicated, while impaired, or while5
under the influence of alcohol, drugs, or any controlled dangerous substance if6
committed more than ten years prior to the commission of the crime for which the7
defendant is being tried and such conviction shall not be considered in the8
assessment of penalties hereunder. However, periods of time during which the9
offender was awaiting trial, on probation or parole for an offense described in this10
Paragraph (1) of this Subsection, under an order of attachment for failure to appear,11
or incarcerated in a penal institution in this or any other state shall be excluded in12
computing the ten-year period.13
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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 for a ten-year cleansing period provision which states that a prior
conviction for vehicular homicide, vehicular negligent injuring, first degree vehicular
negligent injuring, or any other state or local DWI offense which occurred more than ten
years prior to the commission of the current offense shall not be considered a prior
conviction. HLS 14RS-1329 ENGROSSED
HB NO. 511
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Proposed law removes convictions of vehicular homicide, vehicular negligent injuring, and
first degree vehicular negligent injuring from the ten-year cleansing period so that a
conviction for any of these offenses shall count as a prior conviction regardless of the date
of conviction relative to the current offense.
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 retains present law.
(Amends R.S. 14:98(F))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Administration of Criminal
Justice to the original bill.
1. Deleted provisions which would have repealed the present law provision 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.
2. Removed vehicular homicide, vehicular negligent injuring, and first degree
vehicular negligent injuring from the present law ten-year cleansing period for
the purposes of determining whether a defendant has a prior conviction for a
DWI offense.