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Regular Session, 2014
HOUSE BILL NO. 364
BY REPRESENTATIVE MACK
MTR VEHICLE/DRIVER LIC: Provides for suspension and seizure of a person's driver's
license
AN ACT1
To amend and reenact R.S. 32:414(B)(2)(a) and 667(B)(2)(c)(i) and (ii) and (I)(1)(b),2
relative to suspension and seizure of driver's licenses; to extend the time period that3
certain convictions or the refusal to submit to certain chemical tests can be4
considered for purposes of suspension of driving privileges; and to provide for5
related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 32:414(B)(2)(a) and 667(B)(2)(c)(i) and (ii) and (I)(1)(b) are hereby8
amended and reenacted to read as follows:9
§414. Suspension, revocation, renewal, and cancellation of licenses; judicial review10
* * *11
B. The department shall forthwith suspend the license of any person, for a12
period of twenty-four months, upon receiving satisfactory evidence of the conviction13
or of the entry of a plea of guilty and sentence thereupon or of the forfeiture of bail14
of any such person charged with any of the following crimes:15
* * *16
(2)(a) Conviction or the entry of a plea of guilty and sentence thereupon, or17
of the forfeiture of bail of any such person on the second offense for vehicular18
negligent injuring or for operating or being in actual physical control of a motor19
vehicle while under the influence of intoxicating beverages, of central nervous20 HLS 14RS-1064 REENGROSSED
HB NO. 364
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system stimulants or depressants, or of narcotic drugs or any other drug or substance1
to a degree which renders him incapable of safely operating a motor vehicle, when2
any or all of the offenses were the result of violations of a state law, a municipal3
ordinance, a federal law, or any combination of them; however, any offense for4
vehicular negligent injuring or for operating or being in actual physical control of a5
motor vehicle while under the influence of alcoholic beverages which was6
committed more than five ten years prior to the commission of a subsequent such7
offense of operating or being in actual physical control of a motor vehicle while8
under the influence of alcoholic beverages shall not be considered in determining the9
number of such offenses of operating or controlling a motor vehicle while under the10
influence of alcoholic beverages which the person has committed.11
* * *12
§667. Seizure of license; circumstances; temporary license13
* * *14
B. If such written request is not made by the end of the thirty-day period, the15
person's license shall be suspended as follows:16
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(2) If the person refused to submit to the test, his driving privileges shall be18
suspended as follows:19
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(c)(i) Two years from the date of suspension on the second and subsequent21
refusal occurring within five ten years of the date of a refusal to submit to the test.22
(ii) Two years from the date of suspension on the second and subsequent23
refusal occurring within five ten years of the date of a refusal to submit to the test,24
without the benefit of eligibility for a hardship license in the event that a fatality25
occurred or a person sustained serious bodily injury as a result of an accident and the26
person's intoxication is determined by a trier of fact to be the contributing factor of27
the fatality or serious bodily injury.28
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I.(1) In addition to any other provision of law, an ignition interlock device1
shall be installed in any motor vehicle operated by any of the following persons2
whose driver's license has been suspended in connection with the following3
circumstances as a condition of the reinstatement of such person's driver's license:4
* * *5
(b) Any person who has submitted to an approved chemical test for6
intoxication where the results indicate a blood alcohol level of 0.08 percent or above7
and whose driver's license has been suspended in accordance with the law for an8
arrest occurring within five ten years of the first arrest.9
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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)]
Mack HB No. 364
Abstract: Extends the time period in which a person's previous convictions of operating a
motor vehicle under the influence of alcohol and/or drugs or refusal to submit to a
chemical test for intoxication can be considered in determining the number of
offenses in regards to suspension of driving privileges.
Present law (R.S. 32:414) requires that the department suspend the license of any person, for
a period of 24 months, upon receiving satisfactory evidence of the conviction or the entry
of a plea of guilty and sentence thereupon or of the forfeiture of bail of any such person on
the second offense for vehicular negligent injuring or operating or being in actual physical
control of a motor vehicle while under the influence of intoxicating beverages, of central
nervous system stimulants or depressants, or of narcotic drugs or any other drug or substance
to a degree which renders him incapable of safely operating a motor vehicle, when any or
all of the offenses were the result of violations of a state law, a municipal ordinance, a
federal law, or any combination of them; however, any offense for vehicular negligent
injuring or for operating or being in actual physical control of a motor vehicle while under
the influence of alcoholic beverages which was committed more than five years prior to the
commission of a subsequent such offense of operating of being in actual physical control of
a motor vehicle while under the influence of alcoholic beverages shall not be considered in
determining the number of such offenses of operating or controlling a motor vehicle while
under the influence of alcoholic beverages which the person has committed.
Proposed law changes the five-year period in present law to a ten-year period.
Present law (R.S. 32:667) provides that if a person refuses to submit to a chemical test for
intoxication after being arrested for operating a vehicle while intoxicated, his driving
privileges shall be suspended for two years from the date of suspension on the second and
subsequent refusal occurring within five years of the date of refusal to submit to the test. In
the event that a fatality occurred or a person sustained serious bodily injury as a result of the
accident and the person's intoxication is determined by a trier of fact to be the contributing HLS 14RS-1064 REENGROSSED
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factor of the fatality or serious bodily injury, his driving privileges shall be suspended for
two years from the date of suspension on the second and subsequent refusal occurring within
five years of the date of a refusal to submit to the test, without the benefit of eligibility for
a hardship license.
Proposed law changes the five-year periods in present law to ten-year periods.
Present law requires that an ignition interlock device be installed in any motor vehicle
operated by any person who has submitted to an approved chemical test for intoxication
where the results indicate a blood alcohol level of 0.08% or above and whose driver's license
has been suspended in accordance with the law for an arrest occurring within five years of
the first arrest.
Proposed law changes the five-year period in present law to a ten-year period.
(Amends R.S. 32:414(B)(2)(a) and 667(B)(2)(c)(i) and (ii), and (I)(1)(b))
Summary of Amendments Adopted by House
House Floor Amendments to the engrossed bill.
1. Makes a technical change.