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La. Rev. Stat. § 15:578.1 (2026)

Pretrial diversion program for driving while intoxicated; criminal history records

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§578.1. Pretrial diversion program for driving while intoxicated; criminal history records

           Pursuant to the provisions of R.S. 15:242, the prosecuting authority shall maintain a list of all persons arrested for a violation of R.S. 14:98, operating a vehicle while intoxicated, or a parish or municipal ordinance that prohibits operating a vehicle while intoxicated, while impaired, or while under the influence of alcohol, drugs, or any controlled dangerous substance, and placed by the prosecuting authority into a pretrial diversion program. The arrest record and placement into the pretrial diversion or intervention program shall become a public record when the person successfully completes the pretrial diversion or intervention program or is terminated from the program. Such record shall be maintained for a period of five years from the date of arrest and shall not be subject to expungement or destruction during the period.

           Acts 1997, No. 714, §1.

Notes of Decisions
Cited in 3 cases, 2008–2013 · leading case: State v. Granger, 982 So. 2d 779 (La. 2008).
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State v. Granger, 982 So. 2d 779 (La. 2008). · cites it 52× “R.S. 15:578.1 unconstitutional. La. R.S. 15:578.”
City of Lafayette v. Wofford, 84 So. 3d 687 (La. Ct. App. 2012). · cites it 4× “R.S. 15:578.1. On May 17, 2011, the defendant filed a motion requesting that the trial court review DPS’s refusal to expunge the records.”
In re Lafleur, 129 So. 3d 540 (La. Ct. App. 2013). “R.S. 15:578.1, when a person is arrested on charges for operating a vehicle while intoxicated, “[t]he arrest record and placement into the pretrial diversion or intervention program shall become a public record when the person successfully completes the pretrial diversion or…”
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