ENROLLED
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ACT No. 58
Regular Session, 2014
HOUSE BILL NO. 364
BY REPRESENTATIVE MACK
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
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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
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(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
system stimulants or depressants, or of narcotic drugs or any other drug or substance21
to a degree which renders him incapable of safely operating a motor vehicle, when22
any or all of the offenses were the result of violations of a state law, a municipal23
ordinance, a federal law, or any combination of them; however, any offense for24 ENROLLEDHB NO. 364
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vehicular negligent injuring or for operating or being in actual physical control of a1
motor vehicle while under the influence of alcoholic beverages which was2
committed more than five ten years prior to the commission of a subsequent such3
offense of operating or being in actual physical control of a motor vehicle while4
under the influence of alcoholic beverages shall not be considered in determining the5
number of such offenses of operating or controlling a motor vehicle while under the6
influence of alcoholic beverages which the person has committed.7
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§667. Seizure of license; circumstances; temporary license9
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B. If such written request is not made by the end of the thirty-day period, the11
person's license shall be suspended as follows:12
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(2) If the person refused to submit to the test, his driving privileges shall be14
suspended as follows:15
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(c)(i) Two years from the date of suspension on the second and subsequent17
refusal occurring within five ten years of the date of a refusal to submit to the test.18
(ii) Two years from the date of suspension on the second and subsequent19
refusal occurring within five ten years of the date of a refusal to submit to the test,20
without the benefit of eligibility for a hardship license in the event that a fatality21
occurred or a person sustained serious bodily injury as a result of an accident and the22
person's intoxication is determined by a trier of fact to be the contributing factor of23
the fatality or serious bodily injury.24
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I.(1) In addition to any other provision of law, an ignition interlock device26
shall be installed in any motor vehicle operated by any of the following persons27
whose driver's license has been suspended in connection with the following28
circumstances as a condition of the reinstatement of such person's driver's license:29
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are additions.
(b) Any person who has submitted to an approved chemical test for1
intoxication where the results indicate a blood alcohol level of 0.08 percent or above2
and whose driver's license has been suspended in accordance with the law for an3
arrest occurring within five ten years of the first arrest.4
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SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: