HLS 19RS-681 ORIGINAL
2019 Regular Session
HOUSE BILL NO. 278
BY REPRESENTATIVE MACK
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
MOTOR VEHICLES: Provides relative to restricted driver's licenses of certain individuals
whose vehicles are equipped with ignition interlock devices
1 AN ACT
2To amend and reenact R.S. 32:378.2(M) and to enact R.S. 32:378.2(N), relative to restricted
3 driver's licenses; to authorize a credit towards suspension time or any reinstatement
4 requirement for an individual whose driving privilege is restricted and whose vehicle
5 is equipped with an ignition interlock device under certain circumstances; to provide
6 for prohibitions; to provide for the promulgation of rules and regulations; and to
7 provide for related matters.
8Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 32:378.2(M) is hereby amended and reenacted and R.S. 32:378.2(N)
10is hereby enacted to read as follows:
11 ยง378.2. Ignition interlock devices; condition of probation for certain DWI
12 offenders; restricted license
13 * * *
14 M.(1) Any individual who installs an ignition interlock device, approved by
15 the Department of Public Safety and Corrections, as a requirement of bail, a part of
16 a pre-trial diversion program, or a term of a suspended or deferred sentence as
17 provided in Article 894 of the Code of Criminal Procedure, for an offense involving
18 the operation of a motor vehicle while under the influence of alcohol, drugs, or a
19 combination of alcohol and drugs and is arrested or subsequently convicted for such
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HB NO. 278
1 an offense, shall receive credit towards suspension time or any reinstatement
2 requirement that may be imposed if any of the following occurs:
3 (a) The installation and monitoring of the ignition interlock device is
4 reported to the Department of Public Safety and Corrections by the manufacturer in
5 accordance with Subsection H of this Section.
6 (b) The individual whose driving privilege is restricted appears at an office
7 of motor vehicle field office and is issued a renewed or duplicate driver's license that
8 contains a restriction code indicating that any vehicle operated by the individual shall
9 be equipped with an ignition interlock device.
10 (2) No credit towards suspension time or any reinstatement requirement shall
11 be given if the manufacturer reports to the Department of Public Safety and
12 Corrections that any combination of two of the following violations have occurred
13 in a one month period, including any repeat violation of the same type:
14 (a) Tampering with the device.
15 (b) Circumventing the device.
16 (c) Failure to bring the ignition interlock device in for required service.
17 (d) Failure to take or pass a re-test.
18 (e) Failure to pass a breath test.
19 (f) Use of the emergency override feature without justification.
20 (g) Unauthorized removal of the device.
21 (3) No credit towards suspension time or any reinstatement requirement shall
22 be given if the individual is charged or arrested for any offense involving the
23 operation of a motor vehicle while under the influence of alcohol, drugs, or a
24 combination of alcohol and drugs during the period in which the individual is
25 required to have an ignition interlock device as a requirement of bail, a part of a
26 pre-trial diversion program, or a term of a suspended or deferred sentence as
27 provided in Article 894 of the Code of Criminal Procedure.
28 (4) The Department of Public Safety and Corrections shall promulgate such
29 rules and regulations as are necessary to implement the provisions of this Paragraph.
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HB NO. 278
1 MN. As used in this Section, "ignition interlock device" means a constant
2 monitoring device that prevents a motor vehicle from being started at any time
3 without first determining the equivalent blood alcohol level of the operator through
4 the taking of a breath sample for testing. The system shall be calibrated so that the
5 motor vehicle may not be started if the blood alcohol level of the operator, as
6 measured by the test, reaches a level established by the court, consistent with the
7 rules promulgated by the Department of Public Safety and Corrections.
8 * * *
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 278 Original 2019 Regular Session Mack
Abstract: Authorizes an individual whose driving privilege is restricted and whose vehicle
is equipped with an ignition interlock device to receive credit towards suspension
time or any reinstatement requirement under certain circumstances.
Proposed law authorizes an individual who installs a Dept. of Public Safety and Corrections
approved ignition interlock device as a requirement of bail, a part of a pre-trial diversion
program, or a term of a suspended or deferred sentence as provided in present law, for an
offense involving the operation of a motor vehicle under the influence of alcohol, drugs, or
both, and was arrested or subsequently convicted of such an offense, to receive credit
towards suspension time or any reinstatement requirement that may be imposed if any of the
following occurs:
(1)The installation and monitoring of the ignition interlock device is reported to the
Dept. of Public Safety and Corrections by the manufacturer in accordance with
present law.
(2)The individual whose driving privilege is restricted appears at an office of motor
vehicle field office and is issued a renewed or duplicate driver's license that contains
a restriction code indicating that any vehicle operated by the individual must be
equipped with an ignition interlock device.
Proposed law prohibits an individual from receiving credit towards suspension time or any
reinstatement requirement if the manufacturer reports to the Dept. of Public Safety and
Corrections that any combination of two of the following violations have occurred in a one
month period, including any repeat violation of the same type:
(1)Tampering with the device.
(2)Circumventing the device.
(3)Failure to bring the ignition interlock device in for required service.
(4)Failure to take or pass a re-test.
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HB NO. 278
(5)Failure to pass a breath test.
(6)Use of the emergency override feature without justification.
(7)Unauthorized removal of the device.
Proposed law prohibits an individual from receiving credit towards suspension time or any
reinstatement requirement if the individual is charged or arrested for any offense involving
the operation of a motor vehicle while under the influence of alcohol, drugs, or both, during
the period in which the individual is required to have an ignition interlock device as a
requirement of bail, a part of a pre-trial diversion program, or a term of a suspended or
deferred sentence as provided in present law.
Proposed law authorizes the Dept. of Public Safety and Corrections to promulgate such rules
and regulations as are necessary to implement the provisions of proposed law.
(Amends R.S. 32:378.2(M); Adds R.S. 32:378.2(N))
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CODING: Words in struck through type are deletions from existing law; words underscored
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