HLS 17RS-1813 ENGROSSED
2017 Regular Session
HOUSE BILL NO. 677 (Substitute for House Bill No. 558 by Representative Hodges)
BY REPRESENTATIVE HODGES
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
MOTOR VEHICLES: Requires ignition interlock devices as a condition of obtaining
restrictive driver's licenses
1 AN ACT
2To amend and reenact R.S. 32:667(B)(1)(b) and 668(B)(1)(b) and (c), relative to restrictive
3 driver's licenses; to provide relative to the procedures for obtaining a restrictive
4 driver's license; to eliminate the waiting period for obtaining a restrictive license
5 when refusing to submit to a chemical test for intoxication; to eliminate the waiting
6 period for obtaining a restrictive license when test results show a blood alcohol
7 content over the legal limit; to require ignition interlock devices as a condition of
8 obtaining a restrictive driver's license; and to provide for related matters.
9Be it enacted by the Legislature of Louisiana:
10 Section 1. R.S. 32:667(B)(1)(b) and 668(B)(1)(b) and (c) are hereby amended and
11reenacted to read as follows:
12 §667. Seizure of license; circumstances; temporary license
13 * * *
14 B.
15 * * *
16 (1)
17 * * *
18 (b) On or after September 30, 2003, if the person submitted to the test and
19 the test results show a blood alcohol level of 0.08 percent or above by weight, his
20 driving privileges shall be suspended for ninety days from the date of suspension on
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 17RS-1813 ENGROSSED
HB NO. 677
1 first offense violation, without eligibility for a hardship license for the first thirty
2 days, and for three hundred sixty-five days from the date of suspension, without
3 eligibility for a hardship license, on second and subsequent violations occurring
4 within five years of the first offense. If the person was under the age of twenty-one
5 years on the date of the test and the test results show a blood alcohol level of 0.02
6 percent or above by weight, his driving privileges shall be suspended for one
7 hundred eighty days from the date of suspension.
8 * * *
9 §668. Procedure following revocation or denial of license; hearing; court review;
10 review of final order; restricted licenses
11 * * *
12 B.(1)
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14 (b) No person who has refused a chemical test for intoxication is eligible for
15 a restricted license for the first ninety days of the suspension. When a person
16 submits to a chemical test and the results show a blood alcohol level of 0.08 percent
17 or above by weight, or of 0.02 percent or above if the person was under the age of
18 twenty-one years on the date of the test, he is not eligible for a restricted license for
19 the first thirty days of the suspension.
20 (c) (b) However, any Any licensee who has had his license suspended for a
21 first or second offense of operating a motor vehicle while under the influence of
22 alcoholic beverages where the licensee submits to a chemical test and the results
23 show a blood alcohol level of 0.08 percent or above by weight, or of 0.02 percent or
24 above by weight if the licensee was under the age of twenty-one years on the date of
25 the test, or where the licensee has refused a chemical test for intoxication under the
26 provisions of this Subsection, shall, upon proof of need to the Department of Public
27 Safety and Corrections, be immediately eligible for and shall be issued an ignition
28 interlock restricted license sufficient to maintain livelihood or allow the licensee to
29 maintain the necessities of life. In the event that the department fails or refuses to
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CODING: Words in struck through type are deletions from existing law; words underscored
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HB NO. 677
1 issue the ignition interlock restricted driver's license, the district court for the parish
2 in which the licensee resides may issue an order directing the department to issue the
3 ignition interlock restricted license either by ex parte order or after contradictory
4 hearing.
5 * * *
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)]
HB 677 Engrossed 2017 Regular Session Hodges
Abstract: Requires an ignition interlock device as a condition of obtaining a restrictive
driver's license.
Present law provides for eligibility for a restrictive driver's license after the first 90 days of
a suspension for persons refusing a chemical test for intoxication.
Present law further provides for eligibility for a restrictive driver's license after the first 30
days of a suspension for persons submitting to a chemical test and results indicate a blood
alcohol level above the legal limit.
Present law also provides for immediate eligibility, upon proof to the Dept. of Public Safety
and Corrections, for an ignition interlock restrictive license for any licensee who has had
their license suspended.
Proposed law eliminates the 30 and 90 day waiting periods for a restrictive license and
provides that persons will be immediately be eligible for an ignition interlock restrictive
license.
Proposed law requires any licensee who has failed a chemical test for intoxication with a
blood alcohol level of 0.08% or above, or 0.02% if the licensee was under the age of 21, or
any person who has refused a chemical test for intoxication to have an ignition interlock
device as a condition of the restrictive license.
(Amends R.S. 32:667(B)(1)(b) and 668(B)(1)(b) and (c))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.