HLS 12RS-3128 ORIGINAL
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Regular Session, 2012
HOUSE BILL NO. 1204 (Substitute for House Bill No. 682 by Representative Pylant)
BY REPRESENTATIVE PYLANT
DWI: Provides relative to the reinstatement of driving privileges associated with a violation
of criminal law and extends time in which to request an administrative hearing
following a DWI arrest
AN ACT1
To amend R.S. 32:667(A)(2), (3), (B)(introductory paragraph), (D)(1) and (H), relative to2
driver's licenses; to provide additional time to request an administrative hearing3
regarding a driver's license suspension; to provide relative to the reinstatement of4
driving privileges associated with a violation of criminal law; and to provide for5
related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 32:667(A)(2), (3), (B)(introductory paragraph), (D)(1) and (H) are8
hereby amended to read as follows:9
§667. Seizure of license; circumstances; temporary license10
A.11
* * *12
(2) The temporary receipt shall also provide and serve as notice to the person13
that he has not more than fifteen thirty days from the date of arrest to make written14
request to the Department of Public Safety and Corrections for an administrative15
hearing in accordance with the provisions of R.S. 32:668.16
(3) In a case where a person submits to an approved chemical test for17
intoxication, but the results of the test are not immediately available, the law18
enforcement officer shall comply with Paragraphs (1) and (2) of this Subsection, and19 HLS 12RS-3128 ORIGINAL
HB NO. 1204
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the person shall have fifteen thirty days from the date of arrest to make written1
request for an administrative hearing. If after thirty days from the date of arrest the2
test results have not been received or if the person was twenty-one years of age or3
older on the date of arrest and the test results show a blood alcohol level of less than4
0.08 percent by weight, then no hearing shall be held and the license shall be5
returned without the payment of a reinstatement fee. If the person was under the age6
of twenty-one years on the date of arrest and the test results show a blood alcohol7
level of less than 0.02 percent by weight, then no hearing shall be held and the8
license shall be returned without the payment of a reinstatement fee.9
* * *10
B. If such written request is not made by the end of the fifteen thirty-day11
period, the person's license shall be suspended as follows:12
* * *13
D.(1) Upon receipt of a request for an administrative hearing, the14
Department of Public Safety and Corrections shall issue a document extending the15
temporary license, which shall remain in effect until the completion of administrative16
suspension, revocation, or cancellation proceedings. The Department of Public17
Safety and Corrections shall forward the record of the case to the division of18
administrative law for a hearing within sixty days of the date of arrest receipt of the19
written request for an administrative hearing.20
* * *21
H.(1) When any person's driver's license has been seized, suspended, or22
revoked, and the seizure, suspension, or revocation is connected to a charge or23
charges of violation of a criminal law, and the charge or charges do not result in a24
conviction, plea of guilty, or bond forfeiture, the person charged shall have his25
license immediately reinstated and shall not be required to pay any reinstatement fee26
if at the time for reinstatement of driver's license, it can be shown that the criminal27
charges have been dismissed or that there has been a permanent refusal to charge a28
crime by the appropriate prosecutor or there has been an acquittal. If, however, at29 HLS 12RS-3128 ORIGINAL
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the time for reinstatement, the licensee has pending against him criminal charges1
arising from the arrest which led to his suspension or revocation of driver's license,2
the reinstatement fee shall be collected. Upon subsequent proof of final dismissal3
or acquittal, other than under Article 893 or 894 of the Code of Criminal Procedure,4
the licensee shall be entitled to a reimbursement of the reinstatement fee previously5
paid. In no event shall exemption from this reinstatement fee or reimbursement of6
a reinstatement fee affect the validity of the underlying suspension or revocation.7
(2) If a licensee qualifies for the exemption from the reinstatement fee or for8
a reimbursement of the reinstatement fee as provided in Paragraph (1) of this9
Subsection, the licensee shall receive credit for the unexpired portion of the license10
which was seized, and shall be exempt from the payment of, or shall receive11
reimbursement for the payment of, the duplicate license fee and the handling fee with12
regard to the license which was seized.13
(1) The final disposition of a criminal law charge or charges shall not result14
in the reinstatement of driving privileges suspended or revoked for a violation of15
R.S. 32:661 through 670.16
(2) A reinstatement fee shall not be charged to an individual when his17
suspension or revocation of driving privileges are recalled pursuant to a ruling of an18
administrative law judge or the subsequent appeal of an administrative law judge's19
ruling.20
* * *21
Section 2. The Department of Public Safety and Corrections, public safety services,22
may promulgate rules and regulations pursuant to the Administrative Procedure Act and23
subject to the oversight of the House and Senate committees on transportation, highways,24
and public works, as are necessary to implement the provisions of this Act.25
Section 3. This Act shall become effective upon signature of the governor or, if not26
signed by the governor, upon expiration of the time for bills to become law without the27
signature of the governor, as provided by Article III, Section 18 of the Constitution of28 HLS 12RS-3128 ORIGINAL
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Louisiana. If vetoed by the governor and subsequently approved by the legislature, this Act1
shall become effective on the day following such approval.2
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)]
Pylant HB No. 1204
Abstract: Provides for extension of time to request an administrative hearing following a
DWI arrest.
Present law provides for 15 days to request an administrative hearing following the issuance
of a temporary receipt for a driver's license for a person arrested for driving while
intoxicated.
Proposed law extends the time in which an administrative hearing to 30 days.
Present law provides that DPS&C shall forward the record of the case to the division of
administrative law for a hearing within sixty days of the date of arrest.
Proposed law provides that DPS&C shall forward the record of the case to the division of
administrative law for a hearing within sixty days of the date of receipt of the written request
for an administrative hearing.
Present law provides that when any person's driver's license has been seized, suspended, or
revoked, and the seizure, suspension, or revocation is connected to a charge or charges of
violation of a criminal law, and the charge or charges do not result in a conviction, plea of
guilty, or bond forfeiture, the person charged will have his license immediately reinstated
and will not be required to pay a reinstatement fee if at the time for reinstatement of driver's
license, it can be shown that the criminal charges have been dismissed or that there has been
a permanent refusal to charge a crime by the appropriate prosecutor or there has been an
acquittal.
Present law provides that, if, however, at the time for reinstatement, the licensee has pending
criminal charges against him arising from the arrest which led to his suspension or
revocation of driver's license, the reinstatement fee shall be collected.
Present law provides that upon subsequent proof of final dismissal or acquittal, other than
under Arts. 893 or 894 of the Code of Criminal Procedure, the licensee shall be entitled to
a reimbursement of the reinstatement fee previously paid. Present law provides that in no
event shall exemption from this reinstatement fee or reimbursement of a reinstatement fee
affect the validity of the underlying suspension or revocation.
Present law provides that if a licensee qualifies for the exemption from the reinstatement fee
or for a reimbursement of the reinstatement fee as provided in present law, the licensee shall
receive credit for the unexpired portion of the license which was seized, and shall be exempt
from the payment of, or shall receive reimbursement for the payment of, the duplicate
license fee and the handling fee with regard to the license which was seized.
Proposed law removes present law and provides that the final disposition of a criminal law
charge or charges shall not result in the reinstatement of driving privileges suspended or
revoked for a violation of R.S. 32:661 through 670, pertaining to the administration of
chemical tests. HLS 12RS-3128 ORIGINAL
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Proposed law would require reinstatement fees to be paid when the final disposition of a
criminal law charge or charges shall not result in the reinstatement of driving privileges
suspended or revoked for a violation of R.S. 32:661 through 670, pertaining to the
administration of chemical tests.
Proposed law clarifies that a reinstatement fee is not be charged to an individual when his
suspension or revocation of driving privileges are recalled pursuant to a ruling of an
administrative law judge or the subsequent appeal of an administrative law judge's ruling.
Effective upon signature of governor or lapse of time for gubernatorial action.
(R.S. 32:667(A)(2), (3), (B)(intro. para.), (D)(1) and (H))