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)]
HB 525 Original 2018 Regular Session Bagneris
Abstract: Provides for prohibitions on operating a vehicle for a person who is placed on probation
for a first offense DWI or who enters into a plea agreement for a DWI.
Present law provides that any person convicted of a first offense of operating a vehicle while
intoxicated (DWI) shall be fined not less than $300 nor more than $1,000, and shall be imprisoned
for not less than ten days nor more than six months. Further provides that imposition or execution
of this sentence shall not be suspended unless the offender is placed on probation with the minimum
conditions that he complete certain requirements.
Present law authorizes the court to prohibit a person placed on probation for a conviction of first
offense DWI from operating any motor vehicle during the period of probation, or such shorter time
as set by the court, unless the vehicle, while being operated by the offender, is equipped with a
functioning ignition interlock device.
Proposed law amends present law to require the person placed on probation for a conviction of a first
offense DWI from operating any motor vehicle during the period of probation, or such shorter time
as set by the court, unless the vehicle, while being operated by the offender, is equipped with a
functioning ignition interlock device.
Proposed law also provides that any plea agreement reached by the parties for a DWI offense shall
include a requirement that the offender not operate a motor vehicle, unless the vehicle is equipped
with a functioning ignition interlock device in compliance with the provisions of present law which
provides that:
(1)No offender who is ordered to install an ignition interlock device shall:
(a)Violate the conditions of his restricted driver's license as set by the Dept. of Public
Safety and Corrections.
(b) Operate, rent, lease, or borrow a motor vehicle unless that vehicle is equipped with
a functioning ignition interlock device.
(c)Request or solicit any other person to blow into an ignition interlock device or to start
a motor vehicle equipped with the device for the purpose of providing the offender
with an operable motor vehicle. (2)If the court imposes the use of an ignition interlock device as a condition of probation, the
offender shall provide proof of compliance to the court or the probation officer within thirty
days. Failure to provide such proof without good cause shall result in revocation of the
offender's probation.
(3)The person shall have the system on his vehicle monitored by the manufacturer for proper
use.
Proposed law provides that the period of time that the offender is restricted from operating a motor
vehicle pursuant to these provisions of proposed law shall be agreed upon by the parties, but in no
case shall the period of time be less than six months.
(Amends R.S. 14:98.1(A)(1)(intro. para.) and (d) and 98.5(C) and R.S. 32:378.2(A))