SLS 12RS-658 ENGROSSED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2012
SENATE BILL NO. 486
BY SENATOR PERRY
MOTOR VEHICLES. Provides relative to reinstatement of driving privileges under certain
circumstances for persons convicted of certain offenses involving operating a vehicle while
intoxicated. (gov sig)
AN ACT1
To enact R.S. 32:414(D)(1)(c), relative to offenses involving operating a vehicle while2
intoxicated; to provide relative to a hardship license for certain persons convicted of3
certain offenses involving operating a vehicle while intoxicated; and to provide for4
related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 32:414(D)(1)(c) is hereby enacted to read as follows: 7
ยง414. Suspension, revocation, renewal, and cancellation of licenses; judicial review8
* * *9
D.(1)(a) * * *10
* * *11
(c) Any licensee who is enrolled in a drug division probation program as12
provided for by R.S. 13:5304 and who is in good standing with the presiding13
judge may, not less than forty-five days following suspension of his license, and14
upon order of the presiding judge to the department, be issued an ignition15
interlock restricted license sufficient to maintain livelihood or allow the licensee16
to maintain the necessities of life, or to attend chemical dependency treatment17 SB NO. 486
SLS 12RS-658 ENGROSSED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
sessions or meetings. The presiding judge may revoke the restricted license, by1
order to the department, upon receiving satisfactory evidence of violation of any2
restrictions placed upon the licensee.3
* * *4
Section 2. This Act shall become effective upon signature by the governor or, if not5
signed by the governor, upon expiration of the time for bills to become law without signature6
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If7
vetoed by the governor and subsequently approved by the legislature, this Act shall become8
effective on the day following such approval.9
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alden A. Clement, Jr.
DIGEST
Perry (SB 486)
Present law provides that the Dept. of Public Safety and Corrections is to suspend a person's
driver's license for 36 months upon receiving evidence of conviction, guilty plea, or nolo
contendere plea, and sentence thereon, or of the forfeiture of bail of such person with regard
to a third or subsequent offense for vehicular negligent injuring or operating a vehicle while
under the influence of alcohol, narcotic drugs, or central nervous system stimulants.
Present law further provides that "third or subsequent offense" does not refer to the charge
but to the number of offenses resulting in conviction, guilty pleas, nolo contendere pleas, or
bond forfeitures within 5 years from date of first offense to the date of third offense.
Present law further provides that any person who has had his license suspended for operating
a vehicle while under the influence of alcohol is eligible to apply for a restricted driver's
license after 12 months upon proof that his vehicle has been equipped with a functioning
ignition interlock device. Present law further provides that the device must remain on the
vehicle for at least 6 months from the date the restricted driver's license is granted.
Present law provides that if the department fails or refuses to issue the restricted driver's
license, the district court for the parish in which the licensee resides may issue an order
directing the department to issue the restricted license.
Proposed law retains present law and adds that any licensee who is enrolled in a drug
division probation program as provided for by present law and who is in good standing with
the presiding judge may, not less than 45 days following suspension of his license, and upon
order of the presiding judge to the department, be issued an ignition interlock restricted
driver's license sufficient to maintain livelihood or allow the licensee to maintain the
necessities of life, or to attend chemical dependency treatment sessions or meetings.
Proposed law further provides that the presiding judge may revoke the restricted license, by
order to the department, upon receiving satisfactory evidence of violation of any restrictions
placed upon the licensee. SB NO. 486
SLS 12RS-658 ENGROSSED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds R.S. 32:414(D)(1)(c))