HLS 12RS-3128 REENGROSSED
Page 1 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
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 and reenact R.S. 32:667(A)(2) and (3), (B)(introductory paragraph), (D)(1), and2
(H)(1), relative to driver's licenses; to provide additional time to request an3
administrative hearing regarding a driver's license suspension; to provide relative to4
the reinstatement of driving privileges associated with a violation of criminal law;5
and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 32:667(A)(2) and (3), (B)(introductory paragraph), (D)(1), and8
(H)(1) are hereby amended and reenacted 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
the person shall have fifteen thirty days from the date of arrest to make written20
request for an administrative hearing. If after thirty days from the date of arrest the21
test results have not been received or if the person was twenty-one years of age or22 HLS 12RS-3128 REENGROSSED
HB NO. 1204
Page 2 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
older on the date of arrest and the test results show a blood alcohol level of less than1
0.08 percent by weight, then no hearing shall be held and the license shall be2
returned without the payment of a reinstatement fee. If the person was under the age3
of twenty-one years on the date of arrest and the test results show a blood alcohol4
level of less than 0.02 percent by weight, then no hearing shall be held and the5
license shall be returned without the payment of a reinstatement fee.6
* * *7
B. If such written request is not made by the end of the fifteen thirty-day8
period, the person's license shall be suspended as follows:9
* * *10
D.(1) Upon receipt of a request for an administrative hearing, the11
Department of Public Safety and Corrections shall issue a document extending the12
temporary license, which shall remain in effect until the completion of administrative13
suspension, revocation, or cancellation proceedings. The Department of Public14
Safety and Corrections shall forward the record of the case to the division of15
administrative law for a hearing within sixty days of the date of arrest receipt of the16
written request for an administrative hearing.17
* * *18
H.(1) When any person's driver's license has been seized, suspended, or19
revoked, for the first time only pursuant to R.S. 32:661 through 670 or 414, and the20
seizure, suspension, or revocation is connected to a charge or charges of violation of21
a criminal law, and the charge or charges do not result in a conviction, plea of guilty,22
or bond forfeiture, the person charged shall have his license immediately reinstated23
and shall not be required to pay any reinstatement fee if at the time for reinstatement24
of driver's license, it can be shown that the criminal charges have been dismissed or25
that there has been a permanent refusal to charge a crime by the appropriate26
prosecutor or there has been an acquittal. If, however, at the time for reinstatement,27
the licensee has pending against him criminal charges arising from the arrest which28
led to his suspension or revocation of driver's license, the reinstatement fee shall be29 HLS 12RS-3128 REENGROSSED
HB NO. 1204
Page 3 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
collected. Upon subsequent proof of final dismissal or acquittal, other than under1
Article 893 or 894 of the Code of Criminal Procedure, the licensee shall be entitled2
to a reimbursement of the reinstatement fee previously paid. In no event shall3
exemption from this reinstatement fee or reimbursement of a reinstatement fee affect4
the validity of the underlying suspension or revocation.5
* * *6
Section 2. The Department of Public Safety and Corrections, public safety services,7
may promulgate rules and regulations pursuant to the Administrative Procedure Act and8
subject to the oversight of the House and Senate committees on transportation, highways,9
and public works, as are necessary to implement the provisions of this Act.10
Section 3. This Act shall become effective upon signature of the governor or, if not11
signed by the governor, upon expiration of the time for bills to become law without the12
signature of the governor, as provided by Article III, Section 18 of the Constitution of13
Louisiana. If vetoed by the governor and subsequently approved by the legislature, this Act14
shall become effective on the day following such approval.15
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 and for the reinstatement of driving privileges in certain circumstances.
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 to request 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 60 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 60 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 HLS 12RS-3128 REENGROSSED
HB NO. 1204
Page 4 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
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.
Proposed law provides that when any person's driver's license has been seized, suspended,
or revoked for the first time only pursuant to R.S. 32:661 through 670 or R.S. 32:414, 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.
Proposed law retains present law.
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 retains present law.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 32:667(A)(2) and (3), (B)(intro. para.), (D)(1), and (H)(1))
Summary of Amendments Adopted by House
House Floor Amendments to the engrossed bill.
1. Provided that when any person's driver's license has been seized, suspended, or
revoked, for the first time only pursuant to R.S. 32:661 through 670 or 414, 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.