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Regular Session, 2014
SENATE BILL NO. 289
BY SENATOR JOHNS
DWI. Provides relative to DWI convictions. (8/1/14)
AN ACT1
To amend and reenact R.S. 32:393(C)(1)(b)(iv), 414(A)(1)(a), and the introductory2
paragraph of 853(A)(1)(c) and 853(A)(1)(c)(iii), relative to motor vehicles and traffic3
regulation; to provide relative to reports of traffic violations made to the Department4
of Public Safety and Corrections; to provide relative to suspension of driving5
privileges for a DWI conviction; to provide that a suspended sentence and probation6
for certain DWI offenses is a conviction of DWI for purposes of suspending a7
driver's license under certain circumstances; to provide relative to vehicle operating8
records; and to provide for related matters.9
Be it enacted by the Legislature of Louisiana:10
Section 1. R.S. 32:393(C)(1)(b)(iv), 414(A)(1)(a), and the introductory paragraph11
of 853(A)(1)(c) and 853(A)(1)(c)(iii) are hereby amended and reenacted to read as follows:12
§393. Persons charged with traffic violations; time for disposition, licenses, reports,13
and records to be sent to Department of Public Safety and14
Corrections; fee charged; record of unpaid traffic fines and parking15
fines16
* * *17 SB NO. 289
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C.(1) * * *1
(b) If such person is convicted and sentenced thereupon, or his bail is2
forfeited as a result of a final judgment of forfeiture, or other final disposition be3
made, an abstract of the report, all parking convictions only excepted, shall be sent4
by the court or the district attorney, as the case may be, to the commissioner as5
follows:6
* * *7
(iv) A conviction shall be reported to the department regardless of whether8
the provisions of either Article 893 or 894 of the Code of Criminal Procedure are9
invoked. A conviction under either Article 893 or 894 of the Code of Criminal10
Procedure shall not impact the application of the provisions of R.S. 32:414.11
* * *12
§414. Suspension, revocation, renewal, and cancellation of licenses; judicial review13
A.(1)(a) The department shall suspend the license of any person for a period14
of twelve months upon receiving, from any district, city, or municipal court, of this15
state or of any other state, having traffic jurisdiction, or from any federal court or16
magistrate having traffic jurisdiction, satisfactory evidence of the conviction or of17
the entry of a plea of guilty or nolo contendere and sentence thereupon or of the18
forfeiture of bail of any such person charged with the first offense for vehicular19
negligent injuring, R.S. 14:39.1, or for operating a motor vehicle while under the20
influence of beverages of high alcoholic content, of low alcoholic content, of21
narcotic drugs, or of central nervous system stimulants, regardless of whether the22
conviction was entered pursuant to Code of Criminal Procedure Article 893 or23
894, and the entry of a conviction pursuant to either article shall not impact the24
mandatory suspension required pursuant to this article. The department shall25
promptly investigate an allegation made by such licensee that the suspension of his26
driving privileges will deprive him or his family of the necessities of life, or will27
prevent him from earning a livelihood. If the department so finds, it may reinstate28
the license of such licensee; however, such suspension and reinstatement shall be29 SB NO. 289
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considered as a first suspension and grant of restricted driving privileges for the1
purposes of R.S. 32:415.1, and the driving privileges of the licensee shall be2
restricted as provided in R.S. 32:415.1 for a period of twelve months from the date3
of conviction or the entry of a plea of guilty or nolo contendere and sentence4
thereupon or of the forfeiture of bail. Notice of the restriction shall be attached to the5
license.6
* * *7
§853. Commissioner to furnish operating records; other information; fees;8
withdrawal of forms or information9
A.(1) * * *10
(c) The operating record of a person shall not include those arrests for a first11
or second violation of any state, local, parish, city, municipal, or other12
government ordinance, or statute, or legal provision making criminal the driving13
operating of a motor vehicle while intoxicated or under the influence of alcoholic14
beverages, including but not limited to R.S. 14:98, nor shall it include any record15
of any civil sanction imposed, including the suspension of a license, as a result of16
such an arrest when any of the following occurs:17
* * *18
(iii) The person was convicted or entered a plea, and such conviction or plea19
was subject to the provisions of Code of Criminal Procedure Article 894. However,20
if the court, clerk, or district attorney subsequently reports that the person was denied21
a final dismissal, then the department shall add the conviction to the court, clerk, or22
district attorney subsequently reports that the person achieved a final dismissal23
under the provisions of Code of Criminal Procedure Article 894. Unless and24
until such notice is received, the department shall add a conviction entered25
under Article 894 to the person's operating record and suspend or revoke the26
license in accordance with law after issuance of proper notice to the person.27
* * *28 SB NO. 289
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The original instrument was prepared by Alden A. Clement, Jr. The
following digest, which does not constitute a part of the legislative
instrument, was prepared by Sharon F. Lyles.
DIGEST
Johns (SB 289)
Present law provides that every court in this state is to keep a full report of every case in
which a person is charged with violation of any provision of present law relative to motor
vehicles and traffic regulations, or any regulation of the Dept. of Public Safety and
Corrections (DPSC) adopted pursuant to present law, or any state law or of any municipal
or parish ordinance regulating the operation of motor vehicles on highways.
Proposed law retains present law.
Present law provides that if a person charged with a violation of present law relative to motor
vehicles and traffic regulations is convicted and sentenced, or if his bail is forfeited, or if
other final disposition be made, an abstract of the report is to be sent by the court or the
district attorney to DPSC. Present law further provides that a conviction is to be reported
regardless of whether the person has been placed on probation for the offense pursuant to
present law.
Proposed law retains present law.
Present law requires DPSC to suspend the driver's license of any person for a period of 12
months upon receiving satisfactory evidence of the conviction, guilty plea, or nolo
contendere plea and sentencing of any person charged with a first offense of the present law
crimes of vehicular negligent injuring or operating a motor vehicle while under the influence
(DWI) of beverages of high alcoholic content, low alcoholic content, narcotic drugs, or
central nervous system stimulants.
Proposed law retains present law and clarifies that a suspended sentence and probation are
to be considered as convictions for purposes of present law requiring suspension of the
person's driver's license.
Present law provides that a person's vehicle operating record cannot include an arrest for a
first or second misdemeanor DWI violation when the person was convicted or entered a plea,
and the sentence was suspended and the person placed on probation pursuant to present law.
Proposed law clarifies that a person's vehicle operating record cannot include an arrest for
a first or second violation of any state, local, parish, city, municipal, or other government
ordinance, statute, or legal provision making criminal the operating of a motor vehicle while
intoxicated or under the influence of alcohol, including but not limited to R.S. 14:98, in
certain circumstances.
Present law further provides that DPSC is to add the conviction to the operating record and
suspend or revoke the person's driver's license only if the court, clerk, or district attorney
subsequently reports that the person was denied a final dismissal.
Proposed law changes present law to provide that DPSC is to add the first or second
misdemeanor DWI conviction to the person's vehicle operating record when the sentence
was suspended and the person was placed on probation, until such time as DPSC receives
notice that the person achieved a final dismissal under present law.
Effective August 1, 2014.
(Amends R.S. 32:393(C)(1)(b)(iv), 414(A)(1)(a), and 853(A)(1)(c)(intro para) and SB NO. 289
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853(A)(1)(c)(iii))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Transportation,
Highways, and Public Works to the original bill
1. Adds that the commissioner shall not include in a person's vehicle operating
record arrests for a first or second violation of any state, local, parish, city,
municipal, or other government ordinance, statute, or legal provision making
criminal operating a motor vehicle while intoxicated, including but not
limited to R.S. 14:98, if DPSC receives a report that the person achieved a
final dismissal under the provisions of CCrP Art. 894.