Mack (HB 364) Act No. 58
Existing 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.
New law changes the five-year period in existing law to a 10-year period.
Existing 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
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.
New law changes the five-year periods in existing law to 10-year periods.
Existing 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.
New law changes the five-year period in existing law to a 10-year period.
Effective Aug. 1, 2014.
(Amends R.S. 32:414(B)(2)(a) and 667(B)(2)(c)(i) and (ii) and (I)(1)(b))