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% 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 the second
reported submission to a chemical test in connection with a traffic stop where the driver was
found to have been operating a vehicle under the influence of alcohol.
Proposed law provides for disqualification of a person for life from operating a commercial
motor vehicle for a second reported conviction of operating under the influence of alcohol, 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 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% but under an alcohol concentration of 0.08% 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% 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% but under an alcohol concentration of 0.08%.
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.
Proposed law provides for disqualification of a person from operating a commercial motor
vehicle for a minimum period of one year for a first reported conviction of a commercial driver's
license holder, while operating a commercial motor vehicle or a noncommercial motor vehicle,
of operating under the influence of a controlled dangerous substance.
(Amends R.S. 32:414.2(A)(2)(c) and (4)(intro.para.) and (a))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Transportation, Highways and
Public Works to the original bill.
1. Added a provision which disqualifies a person for life from operating a commercial
motor vehicle for a second reported conviction of operating under the influence of
alcohol, 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.
2. Added a provision which disqualifies a person from operating a commercial motor
vehicle for a minimum period of one year for a first reported conviction of a
commercial driver's license holder, while operating a commercial motor vehicle or a noncommercial motor vehicle, of operating under the influence of a controlled
dangerous substance.
House Floor Amendments to the engrossed bill
1. Made technical changes.
2. Modified a provision that provided for the disqualification for life of commercial
driving privileges upon certain investigations and instead specifies that such
disqualification is applicable to certain traffic stops where the driver was found to
have been driving under the influence of alcohol.