SLS 12RS-40 ORIGINAL
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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. 711
BY SENATOR LAFLEUR
DWI. Provides for a temporary license awarded to a defendant under certain circumstances.
(8/1/12)
AN ACT1
To amend and reenact R.S. 32:667(A)(2) and to enact R.S. 32:667(A)(5), relative to a2
temporary driver's license; to increase the number of days to request a temporary3
permit; to provide for the issuance of a temporary driver's license by the4
commissioner of the office of motor vehicles; to provide for terms, conditions, and5
procedures; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 32:667(A)(2) is hereby amended and reenacted and R.S.8
32:667(A)(5) is hereby enacted to read as follows:9
ยง667. Seizure of license; circumstances; temporary license10
A. When a law enforcement officer places a person under arrest for a11
violation of R.S. 14:98, R.S. 14:98.1, or a violation of a parish or municipal12
ordinance that prohibits operating a vehicle while intoxicated, and the person either13
refuses to submit to an approved chemical test for intoxication, or submits to such14
test and such test results show a blood alcohol level of 0.08 percent or above by15
weight or, if the person is under the age of twenty-one years, a blood alcohol level16
of 0.02 percent or above by weight, the following procedures shall apply:17 SB NO. 711
SLS 12RS-40 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
(2) The temporary receipt shall also provide and serve as notice to the person2
that he has not more than fifteen thirty days from the date of arrest to make written3
request to the Department of Public Safety and Corrections for an administrative4
hearing in accordance with the provisions of R.S. 32:668.5
* * *6
(5) Within thirty days from the date of arrest, the person may take a7
department approved driving course to receive a temporary license issued by8
the commissioner of the office of motor vehicles. Upon successful completion9
of the course, the person shall submit a certificate of completion to the10
commissioner, and the commissioner is hereby authorized to issue a ninety day11
temporary license to the person.12
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Michelle Ducharme.
DIGEST
Proposed law provides for an administrative procedure for the issuance of a temporary
license.
Present law provides that the officer shall seize the driver's license of the person under arrest
and shall issue in its place a temporary receipt of license on a form approved by the
Department of Public Safety and Corrections (DPS&C).
Present law further provides that such receipt shall authorize the person to whom it has been
issued to operate a motor vehicle upon the public highways of this state for a period not to
exceed 30 days from the date of arrest.
Present law provides that the temporary receipt shall also provide and serve as notice to the
person that he has not more than 15 days from the date of arrest to make written request to
DPS&C for an administrative hearing.
Proposed law increases the amount of days a person has to request an administrative hearing
from 15 days to 30 days.
Proposed law provides that the commissioner of the office of motor vehicles may issue a
temporary license for 90 days if the person successfully completes a driving course approved
by DPS&C and submits to the commissioner a certificate of completion.
Effective August 1, 2012.
(Amends R.S. 32:667(A)(2); adds R.S. 32:667(A)(5))