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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. 488
BY SENATOR PERRY
MOTOR VEHICLES. Provides relative to eligibility for a restricted license by persons
convicted of certain crimes involving operating a vehicle while intoxicated. (gov sig)
AN ACT1
To amend and reenact R.S. 32:414(A)(1)(c)(ii), relative to denial of driving privileges; to2
provide with respect to eligibility for a restricted license by persons convicted of3
certain crimes 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(A)(1)(c)(ii) is hereby amended and reenacted to read as7
follows: 8
ยง414. Suspension, revocation, renewal, and cancellation of licenses; judicial review9
A.(1) * * *10
(c) Notwithstanding the provisions of Subparagraphs (a) and (b) of this11
Paragraph, upon first or second conviction, or a plea of guilty or nolo contendere and12
sentence thereupon or forfeiture of bail of any person charged with the offense of13
driving while intoxicated when the offender had a blood alcohol concentration of14
0.20 percent or more by weight based on grams of alcohol per one hundred cubic15
centimeters of blood, the following restrictions on suspension and issuance of a16
restricted driver's license shall apply:17 SB NO. 488
SLS 12RS-661 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
* * *1
(ii) Upon second offense, if the offender has a blood alcohol concentration2
of 0.20 percent or greater, his driver's license shall be suspended for four years. The3
offender shall be eligible for a restricted license during the entire four-year period4
of the suspension after a period of forty-five days of suspension for the5
remainder of the four-year period of suspension after he has provided proof to the6
department that his motor vehicle is equipped with a functioning ignition interlock7
device. A functioning ignition interlock device shall remain installed on his vehicle8
during the first three-year period of the four-year period of the suspension of his9
driver's license.10
* * *11
Section 2. This Act shall become effective upon signature by the governor or, if not12
signed by the governor, upon expiration of the time for bills to become law without signature13
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If14
vetoed by the governor and subsequently approved by the legislature, this Act shall become15
effective on the day following such approval.16
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Angela L. De Jean.
DIGEST
Present law provides that notwithstanding the provisions of present law, upon first or second
conviction, or a plea of guilty or nolo contendere and sentence thereupon or forfeiture of bail
of any person charged with the offense of driving while intoxicated when the offender had
a blood alcohol concentration of 0.20 percent or more by weight based on grams of alcohol
per 100 cubic centimeters of blood, the following restrictions on suspension and issuance
of a restricted driver's license will apply:
(1)Upon first offense, if the offender had a blood alcohol concentration of 0.20 percent
or greater, his driver's license shall be suspended for two years and he will all be
issued a restricted driver's license for the entire period of the suspension after he has
provided proof to the department that his motor vehicle is equipped with a
functioning ignition interlock device. A functioning ignition interlock device will
remain installed on his vehicle during the first twelve-month period of the
suspension of his driver's license.
(2)Upon second offense, if the offender has a blood alcohol concentration of 0.20
percent or greater, his driver's license will be suspended for four years. The offender
will be eligible for a restricted license during the entire four-year period of the
suspension after he has provided proof to the department that his motor vehicle is
equipped with a functioning ignition interlock device. A functioning ignition SB NO. 488
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
interlock device will remain installed on his vehicle during the first three-year period
of the four-year period of the suspension of his driver's license.
Proposed law retains present law but provides that upon second offense, if the offender has
a blood alcohol concentration of 0.20 percent or greater, his driver's license will be
suspended for four years. The offender will be eligible for a restricted license, after a period
of 45 days of suspension for the remainder of the four-year period of suspension after he has
provided proof to the department that his motor vehicle is equipped with a functioning
ignition interlock device.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 32:414(A)(1)(c)(ii))