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)]
Lambert HB No. 380
Abstract: Provides relative to the disqualification of commercial motor vehicle drivers for
certain alcohol- or drug-related driving offenses.
Present law provides any person shall be disqualified for life from operating a commercial motor
vehicle upon conviction of a second offense of operating under the influence of alcohol,
operating with an alcohol concentration of 0.08 percent or more, or operating while under the
influence of a controlled substance while operating a commercial motor vehicle or
noncommercial motor vehicle by a commercial driver's license holder.
Proposed law modifies present law by changing the disqualification for life upon conviction of a
second offense, instead to the second reported submission to a chemical test in connection with
an arrest for the offenses in present law.
Proposed law provides that a disqualification for which a timely administrative hearing request
has not been received or a disqualification which has been affirmed after an administrative
hearing shall be considered a conviction for purposes of compliance with federal motor carrier
rules.
Present law provides that a person shall be disqualified for life from operating a commercial
motor vehicle upon conviction of a second offense of driving under the influence of alcohol with
an alcohol concentration of at least 0.04 percent but under an alcohol concentration of 0.08
percent while operating a commercial vehicle.
Proposed law modifies present law by changing the disqualification for life upon conviction of a
second offense, instead to a second reported submission to a chemical test by a commercial
driver's license holder in connection with an investigation. Proposed law provides that such a
disqualification for which a timely administrative hearing request has not been received or a
disqualification which has been affirmed after an administrative hearing shall be considered a
conviction for purposes of compliance with federal motor carrier rules.
Present law provides that a person shall be disqualified from operating a commercial motor
vehicle for a minimum period of one year upon the first conviction of a commercial driver's
license holder, while operating a commercial or noncommercial motor vehicle, of operating
under the influence of alcohol, operating with an alcohol concentration of 0.08 percent or more,
or operating under the influence of a controlled dangerous substance. Proposed law modifies present law by changing the disqualification from operating a commercial
motor vehicle for a minimum period of one year upon first conviction, instead to a first reported
submission to a chemical test in connection with an arrest and provides that such disqualification
for which a timely administrative hearing request has not been received, or a disqualification
which has been affirmed after an administrative hearing, shall be considered a conviction for
purposes of compliance with federal motor carrier rules.
Present law provides that a person shall be disqualified from operating a commercial motor
vehicle for a minimum period of one year upon the first conviction of a commercial driver's
license holder while operating a commercial motor vehicle under the influence of alcohol with an
alcohol concentration of at least 0.04 percent but under an alcohol concentration of 0.08 percent.
Proposed law modifies present law by changing the disqualification from operating a commercial
motor vehicle for a minimum period of one year upon first conviction, instead upon first reported
submission to a chemical test in connection with an investigation and provides that such
disqualification for which a timely administrative hearing request has not been received, or a
disqualification which has been affirmed after an administrative hearing, shall be considered a
conviction for purposes of compliance with federal motor carrier rules.
(Amends R.S. 32:414.2(A)(2)(c)(i) and (ii) and (4)(a)(i) and (ii))