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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2010
HOUSE BILL NO. 592
BY REPRESENTATIVE HARDY
MTR VEHICLE/VIOLATIONS: Revokes driver's license after three DWI convictions
AN ACT1
To amend and reenact R.S. 32:414(D)(1) and to enact R.S. 32:415(C)(3), relative to driver's2
licenses; to provide for revocation of driver's license after third conviction of driving3
while intoxicated; to provide for penalties for driving with a revoked license; and to4
provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 32:414(D)(1) is hereby amended and reenacted and R.S. 32:415(C)(3)7
is hereby enacted to read as follows:8
§414. Suspension, revocation, renewal, and cancellation of licenses; judicial review9
* * *10
D.(1)(a) The department shall suspend the license of any person for a period11
of thirty-six months upon receiving satisfactory evidence of conviction, plea of12
guilty, or plea of nolo contendere, and sentence thereon, or of the forfeiture of bail13
of any such person as determined by any court of jurisdiction as set forth in this14
Section, with regard to a third or subsequent offense for vehicular negligent injuring15
or for operating a motor vehicle while under the influence of beverages of alcoholic16
content, of narcotic drugs, or of central nervous system stimulants. 17
(b) The department shall revoke the license of any person for a period of18
thirty-six months upon receiving satisfactory evidence of conviction, plea of guilty,19
or plea of nolo contendere, and sentence thereon, or of the forfeiture of bail of any20 HLS 10RS-1377 ORIGINAL
HB NO. 592
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are additions.
such person as determined by any court of jurisdiction as set forth in this Section,1
with regard to a third or subsequent offense, for operating a motor vehicle while2
under the influence of beverages of alcoholic content, of narcotic drugs, or of central3
nervous system stimulants. 4
(c) Third or subsequent offenses for purposes of this Subsection does not5
refer to the criminal charge but rather to the number of offenses resulting in6
conviction, guilty pleas, nolo contendere pleas, or bond forfeitures within five years7
from date of first offense to the date of third offense.8
(b)(d) Any licensee who has had his license suspended for operating a motor9
vehicle while under the influence of alcoholic beverages under the provisions of this10
Subsection shall be eligible to apply for a restricted driver's license after a period of11
twelve months upon proof that his motor vehicle has been equipped with a12
functioning ignition interlock device. The ignition interlock device shall remain on13
the motor vehicle for not less than six months from the date the restricted driver's14
license is granted. In the event that the department fails or refuses to issue the15
restricted driver's license, the district court for the parish in which the licensee16
resides may issue an order directing the department to issue the restricted license17
either by ex parte order or after contradictory hearing.18
* * *19
§415. Operating vehicle while license is suspended; offenses in other states; record20
of offenses given other states 21
C.22
* * *23
(3) A person whose driving privileges have been revoked pursuant to R.S.24
32:414(D)(1)(b) and who violates the provisions of Subsection A of this Section25
shall be imprisoned for not less than five years without the benefit of probation or26
parole, in addition to any other penalties provided by law.27
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HB NO. 592
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are additions.
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)]
Hardy HB No. 592
Abstract: Revokes driver's license after 3
rd
DWI conviction and provides for enhanced
penalties for driving after driver's license is revoked for 3
rd
DWI conviction.
Present law provides for driver's license to be suspended for 36 months after 3
rd
DWI
conviction.
Proposed law deletes present law and provides for driver's license to be revoked for 36
months after 3
rd
DWI conviction.
Proposed law provides for enhanced penalties for driving after having driver's license
revoked after a 3
rd
DWI conviction.
(Amends R.S. 32:414(D)(1); Adds R.S. 32:415(C)(3))