ENROLLED
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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 AND SENATOR LAFLEUR
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, a conviction for an offense under R.S.20
14:39.1, , under R.S. 14:32.1, R.S. 14:39.1, or R.S. 14:39.2, or under a comparable21
statute or ordinance of another jurisdiction, as described in Paragraph (1) of this22
Subsection, or a conviction under the laws of any state or an ordinance of a23
municipality, town, or similar political subdivision of another state which prohibits24 ENROLLEDHB NO. 511
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
the operation of any motor vehicle, aircraft, watercraft, vessel, or other means of1
conveyance while intoxicated, while impaired, or while under the influence of2
alcohol, drugs, or any controlled dangerous substance if committed more than ten3
years prior to the commission of the crime for which the defendant is being tried and4
such conviction shall not be considered in the assessment of penalties hereunder.5
However, periods of time during which the offender was awaiting trial, on probation6
or parole for an offense described in this Paragraph (1) of this Subsection, under an7
order of attachment for failure to appear, or incarcerated in a penal institution in this8
or any other state shall be excluded in computing the ten-year period.9
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SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: