ENROLLED
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ACT No. 386
Regular Session, 2013
HOUSE BILL NO. 380
BY REPRESENTATIVE LAMBERT
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
AN ACT1
To amend and reenact R.S. 32:414.2 (A)(2)(c) and (4)(introductory paragraph) and (a),2
relative to commercial motor vehicle driver's and learner's permit holders; to provide3
for disqualification under certain circumstances for certain alcohol and drug driving4
offenses; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 32:414.2(A)(2)(c) and (4) (introductory paragraph) and (a) are hereby7
amended and reenacted to read as follows:8
ยง414.2. Commercial motor vehicle drivers and drivers with a commercial learner's9
permit; disqualification; issuance of Class "D" or "E" license; alcohol content10
in breath and blood; implied consent11
A.12
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(2) Any person shall be disqualified for life from operating a commercial14
motor vehicle for:15
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(c)(i) Conviction of a A second reported submission to a chemical test in17
connection with an arrest for the offense of operating under the influence of alcohol,18
operating with an alcohol concentration of 0.08 percent or more, or operating while19
under the influence of a controlled substance while operating a commercial motor20
vehicle or noncommercial motor vehicle by a commercial driver's license holder. A21
disqualification pursuant to this Item for which a timely administrative hearing22
request has not been received or a disqualification pursuant to this Item which has23 ENROLLEDHB NO. 380
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been affirmed after an administrative hearing shall be considered a conviction for1
purposes of compliance with federal motor carrier rules.2
(ii) Conviction of a second offense A second reported submission to a3
chemical test by a commercial driver's license holder in connection with a traffic stop4
where the driver was found to have been of driving under the influence of alcohol5
with an alcohol concentration of at least 0.04 percent but under an alcohol6
concentration of 0.08 percent while operating a commercial motor vehicle. A7
disqualification pursuant to this Item for which a timely administrative hearing8
request has not been received or a disqualification pursuant to this Item which has9
been affirmed after an administrative hearing shall be considered a conviction for10
purposes of compliance with federal motor carrier rules.11
(iii) A second reported conviction of operating under the influence of12
alcohol, or operating while under the influence of a controlled substance while13
operating a commercial motor vehicle or noncommercial motor vehicle by a14
commercial driver's license holder.15
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(4) Except as provided in Subparagraph (A)(2)(a) of this Subsection for17
lifetime disqualification, and in Paragraph (A)(3) of this Subsection for three years18
disqualification for offenses committed while transporting hazardous materials, any19
person shall be disqualified from operating a commercial motor vehicle for a20
minimum period of one year for:21
(a)(i) A first conviction reported submission to a chemical test in connection22
with an arrest of a commercial driver's license holder, while operating a commercial23
motor vehicle or a noncommercial motor vehicle, of operating under the influence24
of alcohol, operating with an alcohol concentration of 0.08 percent or more, or25
operating under the influence of a controlled dangerous substance. A disqualification26
pursuant to this Item for which a timely administrative hearing request has not been27
received or a disqualification pursuant to this Item which has been affirmed after an28
administrative hearing shall be considered a conviction for purposes of compliance29
with federal motor carrier rules.30 ENROLLEDHB NO. 380
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are additions.
(ii) A first conviction of reported submission to a chemical test by a1
commercial driver's license holder of in connection with an investigation of driving2
under the influence of alcohol with an alcohol concentration of at least 0.04 percent3
but under an alcohol concentration of 0.08 percent while operating a commercial4
motor vehicle. A disqualification pursuant to this Item for which a timely5
administrative hearing request has not been received or a disqualification pursuant6
to this Item which has been affirmed after an administrative hearing shall be7
considered a conviction for purposes of compliance with federal motor carrier rules.8
(iii) A first reported conviction of a commercial driver's license holder, while9
operating a commercial motor vehicle or a noncommercial motor vehicle, or10
operating under the influence of a controlled dangerous substance.11
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SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: