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 Reengrossed 2018 Regular Session Bagneris
Abstract: Increases the minimum fine imposed for a first offense of operating a vehicle while
intoxicated.
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.
Proposed law increases the minimum fine for a first offense DWI from $300 to $500.
(Amends R.S. 14:98.1(A)(1)(intro. para.))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of Criminal
Justice to the original bill:
1. Restore present law relative to a first offense penalty for a DWI.
2. Require rather than authorize the court to order that the offender not operate a motor
vehicle during the period of probation, or shorter time set by the court, unless the vehicle
is equipped with a functioning ignition interlock device in compliance with present law.
3. Remove proposed law relative to any plea agreement reached by the parties for a DWI
offense.
4. Add changes to present law which have the effect of eliminating the 30-day waiting
period for persons who submit to a test and show a BAC of 0.08 or above and the 90-day
waiting period for those persons who refuse the chemical test for intoxication.
5. Add that any licensee who fails a chemical test with a BAC of 0.08 or above or 0.02 or
above if the licensee was under 21 years of age or a person who refuses a chemical test
is required to have an ignition interlock device as a condition of their restricted driver's
license. 6. Increase the time period from five years to 10 years within which second and subsequent
violations occur for the 365 days of suspension of driving privileges.
The House Floor Amendments to the engrossed bill:
1. Remove all proposed law changes to provisions regarding a first offense DWI.
2. Increase the minimum fine for a first offense DWI from $300 to $500.
3. Remove proposed law provisions that provide relative to the following:
(a)Installation of ignition interlock devices.
(b)Waiting periods for persons to apply to receive a restricted driver's license.
(c)Suspension of driving privileges for a second or subsequent violation.