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 580 Engrossed 2019 Regular Session Duplessis
Abstract: Provides relative to ignition interlock devices for DWI offenders.
Present law defines an ignition interlock device as a constant monitoring device that prevents a
motor vehicle from being started at anytime without first determining the blood alcohol level of the
operator through the taking a of breath sample for testing.
Proposed law modifies present law by having the device prevent a motor vehicle from operating and
requiring it be equipped with a camera capable of recording a digital image of the person using the
device.
Proposed law requires the ignition interlock device be calibrated for accuracy by using a dry alcohol
standard with an alcohol reference value between .020 and .050g/210L.
Proposed law provides procedures for calibration including a three second purge prior to introducing
a reference sample into a device if using more than six inches of open tubing, an "as found" check
to introduce the sample into the device without an adjustment for accuracy which consists of
reference checks with the result of each check being within plus or minus 0.005g/210L of the
reference value introduced into the device, and a requirement to remove any device that does not
pass calibration after adjustment while keeping the serial number of the device on record for three
years.
Present law requires the rules and regulations that the secretary sets for the proper approval,
installation, and use of ignition interlock devices include but not be limited to requirements that the
devices or systems: (1) Do not impede the safe operation of the vehicle, (2) Correlate with
established measures of alcohol impairment, (3) Work accurately and reliably in an unsupervised
environment, (4) Resist tampering and give evidence if tampering is attempted, (5) Are difficult to
circumvent, (6) Minimize inconvenience to a sober user, (7) Require a proper, deep lung breath
sample or other accurate measure of blood alcohol content equivalence, (8) Operate reliably over
the range of automobile environments, and (9) are manufactured by a party who will provide product
liability insurance and a bond against malfunction of the device.
Proposed law modifies present law by removing the present law requirements and mandating the
rules and regulations include but are not limited to requiring the devices: (1) Are manufactured by
a business entity that will provide product liability insurance and a bond against malfunction of the
device, (2) Are installed in such a manner that it must not interfere with the normal operation of the
vehicle after it is started, (3) Protects against compromise or circumvention and preserves evidence of such activity, (4) Are resistant to tampering, (5) Have the ability to work reliably and accurately
in an unsupervised environment, (6) Are designed to permit a "restart" within three minutes of a stall
or when the ignition has been turned off, (7) Measure a person's breath-alcohol concentration by the
delivery of a deep lung sample directly into the device, (8) Prevent operation of the vehicle if the
breath-alcohol concentration of the sample introduced into the device exceeds 0.02g of alcohol per
210L of breath, (9) Ensure the automatic and complete purge of residual alcohol before allowing
subsequent tests, (10) Allow a minimum of 1200ml or 1.2L of breath for an acceptable breath
sample, (11) Require random retests, (12) Include a supply of two disposable mouth pieces upon
installation, designed to minimize the introduction of saliva into an ignition interlock device, (13)
Have all primary components, as identified by the Dept. of Public Safety and Corrections, office of
state police, applied technology unit, with a unique serial number, which includes, but is not limited
to, the storage device, handset, and camera, (14) Enter a permanent lockout if the ignition interlock
device has not been calibrated and serviced within a period of 35 days subsequent to its installation
or last calibration or inspection, whichever occurs first, (15) Uniquely identify and record each time
the vehicle has a start attempt or is actually started, the results of all tests and retests violations, how
long the vehicle was operated, and any indication of circumvention or tampering with the ignition
interlock device or tests, (16) On or before January 1, 2020, require a restricted operator to wait five
minutes before attempting to start the vehicle a second or third time, and 30 minutes prior to any
subsequent attempts to start the vehicle after the initial start failure occurs, (17) Visibly indicate to
the user or any qualified person that the unit is on, the unit is in need of service or calibration, the
passage or failure of the breath alcohol content threshold on the breath sample introduced, and any
other indication required by the dept., (18) Enter into violation reset under certain conditions, (19)
If a violation reset occurs, the device must enter into a permanent lockout within five days unless the
device is serviced at a mobile or fixed site service center by an ignition interlock technician or
calibration technician where it will be calibrated and downloaded, and (20) Incorporate a camera
that does not distract or impede the driver in any manner from the safe and legal operation of the
vehicle.
Proposed law requires a camera be installed on any new ignition interlock device beginning Jan. 1,
2020, and all devices by March 31, 2020.
Proposed law requires the manufacturer, vendor, ignition interlock technician or calibration
technician to notify the originating court, if any, of violation reset conditions within five days of
servicing an ignition interlock device.
Proposed law further requires the manufacturer, vendor or ignition interlock technician or calibration
technician to provide notification to the Dept. of Public Safety and Corrections, office of motor
vehicles, and the Dept. of Public Safety and Corrections, office of state police, applied technology
unit in an acceptable electronic format.
Proposed law requires all reports to the originating court, Dept. of Public Safety and Corrections,
office of motor vehicles, and the Dept. of Public Safety and Corrections, office of state police,
applied technology unit include: (a) the full name, address, and driver's license number of the
restricted operator and lessee, (b) the registration number of the motor vehicle in which the ignition
interlock device was installed, (c) the unique serial number of the ignition interlock device, and (d) the toll free telephone number of a representative that can explain the report from an ignition
interlock device.
Proposed law authorizes the deputy secretary to set and collect nonrefundable fees applicable to the
certification, renewal or recertification of ignition interlock devices, service centers, and technicians.
Proposed law further provides the fees must be remitted to the manufacturer, vendor, or service
center to the office of state police, applied technology unit on or before the 25
th
day of each month.
Proposed law requires special costs associated with an installation verification fee or 30 day
calibration fee be forwarded on or before the 25
th
day of each month following their collection to the
state treasurer for immediate deposit in the state treasury.
Proposed law requires the treasurer to create a special fund in the state treasury designated as the
Public Safety Ignition Interlock Regulation Fund, and to credit an amount equal to the total amount
of costs received after compliance with requirements of Article VII, Section 9(B) of the Constitution
of Louisiana relative to the Bond Security and Redemption Fund.
Proposed law further requires the funds in the Public Safety Ignition Interlock Regulation Fund be
used solely to fund activities of the office of state police, applied technology unit in executing its
responsibilities in the regulation of ignition interlock devices, service centers and technicians.
Proposed law requires the Dept. of Public Safety and Corrections, office of state police to provide
standards for the certification, installation, repair, maintenance, monitoring, inspection, and removal
of ignition interlock devices in accordance with present law.
Proposed law requires a manufacturer or vendor to notify affected customers of any changes in their
service agreement during any suspension or revocation period as a result of an ignition interlock
device technician that is found to be out of compliance.
Proposed law grants an ignition interlock device technician the right to an administrative hearing
pursuant to present law to contest the suspension or revocation, or both. Proposed law further
provides standards for requesting a hearing, hearing procedure, and evidence.
Proposed law requires an ignition interlock device to employ: (a) fuel cell technology, specific for
alcohols, (b) other alcohol specific technology approved by the Dept. of Public Safety and
Corrections, office of state police, applied technology unit, which meets present law federal
standards, (c) technology capable of taking a photograph identifying the user providing the breath
sample and recording the time the breath sample was provided, and (d) technology capable of
providing the global positioning coordinates at the time of each rolling retest refusal or
circumvention when required by the originating court, the Dept. of Public Safety and Corrections,
office of motor vehicles, or office state police, applied technology unit.
Proposed law requires an ignition interlock device meet or exceed the minimum test standards
according to rules adopted by the office of state police, applied technology unit, and be maintained in accordance with the rules and standards adopted by the office of state police.
Proposed law requires the Dept. of Public Safety and Corrections, office of state police to provide
standards and monitor compliance for ignition interlock affordability plans for individuals.
Proposed law provides that economic hardship is defined as an individual that is eligible for
Supplemental Nutrition Assistance Program (SNAP) or Medicaid. Proposed law further provides
that individuals that meet the economic standard will not be required to pay more than 50% of the
assessed fees.
Proposed law provides that individuals that meet the economic hardship standard are responsible for
any optional services an individual elects, fees related to any violation reset or permanent lockout
as defined in present law, state mandated fees, and any costs related to damaged, missing or
unreturned equipment and recovery of such equipment.
Proposed law provides that individuals become eligible for the affordability plan on the date that the
individual provides the ignition interlock manufacturer or ignition interlock service center acceptable
documentation verifying that the individual meets the standard for economic hardship.
Proposed law prevents an ignition interlock manufacturer or ignition interlock service center from
refusing service to an individual that has demonstrated eligibility for the affordability plan in
accordance with this proposed law.
Proposed law grants an individual who feels that they have been refused service after providing the
documentation required under proposed law the right to file a complaint with the office of state
police, applied technology unit. Proposed law further provides that all complaints must be
investigated within 30 days of receipt of the complaint.
Proposed law provides that if the investigation substantiates the refusal of service, the office of state
police, applied technology unit may issue a warning, suspension, or revocation of the certification
for the ignition interlock manufacturer or service center based on the facts of the investigation and
history of similar complaints related to manufacturer or service center.
Present law provides that the court may require any person placed on probation as provided for in
R.S. 14:98(B) and must require any person placed on probation as provided in R.S. 14:98(C) not
operate a motor vehicle during the period of probation unless the vehicle is equipped with a
functioning ignition interlock device.
Proposed law changes the references in present law from R.S. 14:98(B) to 98.1 and from R.S.
14:98(C) to 98.2.
Present law provides that if an offender has a blood alcohol concentration of 0.20 percent or more
by body weight on a first offense DWI, the offender must be issued a restricted driver's license for
a two-year period and be required to have an ignition interlock device installed on his vehicle for the
first 12 months of the two-year period. Proposed law modifies present law by lowering the blood alcohol concentration threshold to 0.15
percent or more by body weight and requiring the ignition interlock device be installed for the entire
two-year period.
Present law further provides that if an offender has a blood alcohol concentration of 0.20 percent or
more by body weight on a second offense DWI, the offender must be issued a restricted driver's
license for a four-year period and be required to have an ignition interlock device installed on his
vehicle during the first three years of the four-year period.
Proposed law modifies present law by lowering the blood alcohol concentration threshold to 0.15
percent or more by body weight and requiring the ignition interlock device be installed for the entire
four-year period.
Present law defines ignition interlock device as a constant monitoring device that prevents a motor
vehicle from being started at any time without first determining the equivalent blood alcohol level
of the operator through the taking of a breath sample for testing. The system must be calibrated so
that the motor vehicle may not be started if the blood alcohol level of the operator, as measured by
the test, reaches a level established by the court, consistent with the rules promulgated by the Dept.
of Public Safety and Corrections.
Proposed law modifies present law by providing that the definition for ignition interlock device will
be the same definition as set forth in proposed law.
Proposed law provides that any individual who installs an ignition interlock device approved by the
dept., as a requirement of bail, as a part of a pre-trial diversion program, or as a term of a probation,
for an offense involving the operation of a motor vehicle while under the influence of alcohol, drugs,
or a combination of alcohol and drugs, will receive credit for any suspension time that may be
imposed in connection with the arrest or subsequent conviction for the offense if: (a) The installation
and monitoring of the ignition interlock device is reported to the dept. as otherwise provided for in
this section by the manufacturer and (b) The individual subject to the requirement of an ignition
interlock appears at a motor vehicle field office, and is issued a renewed or duplicate driver’s license
which contains a restriction code available to law enforcement which indicates the vehicle operated
by the individual must be equipped with an ignition interlock device.
Proposed law further provides that no credit for suspension time will be given if the manufacturer
reports to the dept. that the individual has a violation reset or permanent lockout as described in
present law, or has removed the ignition interlock device without presenting his valid driver’s
license, issued by the Dept. of Public Safety and Corrections to the ignition interlock service center,
that indicates that the restriction requiring an ignition interlock device has been released.
Proposed law provides that no credit for suspension time will be given 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 a combination of alcohol and drugs during the period the individual is required to
have an ignition interlock device in connection with a requirement of bail, as part of a pre-trial
diversion program, or during the term of a probation. Proposed law requires the dept. to promulgate rules as are necessary to implement proposed law.
Present law provides that upon a first conviction or a plea of guilty or no contest and the offender
has a blood alcohol concentration of 0.20 percent or more by body weight, the offender must have
his driver's license suspended for two years, receive a restricted driver's license for the entire period
after proving that he has an ignition interlock device installed on his vehicle, which must remain
installed for the first 12 months of the two-year period.
Proposed law modifies present law by lowering the blood alcohol concentration threshold to 0.15
percent or more by body weight and requiring the ignition interlock device be installed for the entire
two-year period.
Present law further provides that upon a second conviction or a plea of guilty or no contest and the
offender has a blood alcohol concentration of 0.20 percent or more by body weight, the offender
must have his driver's license suspended for four years, receive a restricted driver's license after the
first 45 days of the four-year suspension after proving that he has an ignition interlock device
installed on his vehicle, which must remain installed for the first three years of the four-year period.
Proposed law modifies present law by lowering the blood alcohol concentration threshold to 0.15
percent or more by body weight and requiring the ignition interlock device be installed for the entire
four-year period.
Present law grants eligibility for a restricted driver's license to any licensee who has had their license
suspended for a DWI violation after a period of 12 months upon proof that his vehicle is equipped
with an ignition interlock device. Proposed law requires the device remain on the vehicle for six
months after issuance of the restricted driver's license.
Proposed law modifies present law by eliminating the 12 month waiting period for the restricted
driver's license and requires the device remain on the vehicle for twelve months after issuance of the
restricted driver's license.
Present law provides that on or after September 30, 2003, if a person has submitted to a breath
alcohol concentration test and the test results show a blood alcohol level of 0.08 percent or above
by weight, his driving privileges will be suspended for 90 days from the date of suspension on first
offense violation, without eligibility for a hardship license for the first 30 days, and for three hundred
sixty-five days from the date of suspension, without eligibility for a hardship license, on second and
subsequent violations occurring within five years of the first offense.
Proposed law modifies present law by removing the enacting date, increasing the suspension for a
first offense from 90 days to 180 days, removing the provision disallowing a person eligibility for
a hardship license, and removing the provision that mandates the second or subsequent violations
occur within five years of the first offense.
Present law provides that if a person has submitted to a breath alcohol concentration test and the test
results show a blood alcohol level of 0.20 percent or above by weight, his driving privileges will be suspended for two years on a first offense violation and for four years on a second offense violation.
Proposed law modifies present law by lowering the blood alcohol concentration threshold to 0.15
percent or more by body weight.
Present law provides that any licensee whose license has been suspended for a first or second DWI
offense and either refused to submit to the test or submitted to the test and the test showed a blood
alcohol level of less than 0.20 percent must, upon proof that his motor vehicle has been equipped
with a functioning ignition interlock device, be immediately granted a restricted license.
Proposed law modifies present law by lowering the blood alcohol concentration threshold to 0.15
percent or more by body weight.
Present law provides that if a person has submitted to the test as a result of a first violation and the
test results show a blood alcohol level of 0.20 percent or above by weight, he will be eligible for a
hardship license during the entire period of the imposed two-year suspension after he shows proof
that his motor vehicle is equipped with an ignition interlock device, which must remain installed on
his motor vehicle during the first twelve-month period of his driver's license suspension.
Proposed law modifies present law by lowering the blood alcohol concentration threshold to 0.15
percent or more by body weight and requiring the device be installed for the entire period of
suspension.
Present law provides that if a person has submitted to the test as a result of a second violation and
the test results show a blood alcohol level of 0.20 percent or above by weight, he will be eligible for
a hardship license during the entire four-year period of the suspension after he shows proof that his
motor vehicle is been equipped with an ignition interlock device, which must remain installed on
his motor vehicle during the first three-years of the four-year suspension.
Proposed law modifies present law by lowering the blood alcohol concentration threshold to 0.15
percent or more by body weight and requiring the device be installed for the entire period of
suspension.
Present law provides that any person who has refused to submit to an approved chemical test for
intoxication, after being requested to do so, for a second DWI arrest and whose driver's license has
been suspended in accordance with law must have an ignition interlock device installed in their
motor vehicle.
Proposed law modifies present law by extending this requirement to first, third, or subsequent arrests
for DWI violations.
Present law provides that any person who has submitted to an approved chemical test for intoxication
where the results indicate a blood alcohol level of 0.08 percent or above and whose driver's license
has been suspended in accordance with law for an arrest occurring within ten years of the first arrest
must have an ignition interlock device installed in their motor vehicle. Proposed law modifies present law by requiring the arrest be made for a violation of present law
whether state or local.
Proposed law changes references in present law from R.S. 14:98.1 to 98.6.
Proposed law provides that upon notice to the dept. that a driver has caused the ignition interlock
device to enter a violation reset or a permanent lockout, the dept. must extend the period the ignition
interlock device is required by an additional six months and further restrict the driver's license.
Proposed law further requires the dept. to notify the driver that his driver's license will be restricted
for an additional six months.
Present law provides that in a case of first refusal or first submission to a test for intoxication and
when there has been no prior suspension of the driver's license, if suspension is otherwise proper,
upon proving to the dept. that the suspension of driving privileges would prevent the person from
earning a livelihood, the dept. may require the licensee to surrender his regular license and issue, at
a cost of fifty dollars plus the cost of the license, a special restricted operator's license to be effective
for the remaining period of suspension.
Proposed law modifies present law by requiring the provision apply to a second offense, removing
the requirement of no prior suspension, adding that an ignition interlock device be installed in the
vehicle the person will drive, and requiring the licensee surrender his regular license unless it has
been previously surrendered.
Present law provides that no person who has refused a chemical test for intoxication is eligible for
a restricted license for the first 90 days of the suspension. Present law further provides that when
a person submits to a chemical test and the results show a blood alcohol level of 0.08 percent or
above by weight, or of 0.02 percent or above if the person was under the age of 21 years on the date
of the test, he is not eligible for a restricted license for the first 30 days of the suspension.
Proposed law repeals present law.
Present law provides that any licensee who has had his license suspended for a first or second DWI
offense must, upon proof of need to the Dept. of Public Safety and Corrections, be issued an ignition
interlock restricted license sufficient to maintain livelihood or allow the licensee to maintain the
necessities of life.
Proposed law modifies present law by replacing the aforementioned requirement with a requirement
that provides in the event that the dept. fails or refuses to issue the restricted driver's license, the
district court for the parish in which the licensee resides may issue an order directing the dept. to
issue the ignition interlock restricted license either by ex parte order or after contradictory hearing.
Present law provides that the dept. must immediately cancel and seize the restricted license upon
receiving satisfactory evidence of violation of the restrictions, and no person will have driving
privileges of any kind for a period of six months from the receipt by the dept. of the cancelled
restricted license. Proposed law modifies present law by adding the removal of the ignition interlock device prior to
the expiration of the restricted license as a reason for the dept. to cancel and seize a restricted driver's
license. Proposed law further provides that no violation of present and proposed law will occur if
the license is reinstated pursuant to present law prior to the removal of the ignition interlock device.
(Amends R.S. 14:98.1(A)(3)(b) and 98.2(A)(3)(b), R.S. 15:307(Section heading), (A), (C), (D), and
(E), R.S. 32:378.2(A), (B)(1)(a)(ii)(aa), (bb), and (M), 414(A)(1)(c) and (D)(1)(b), and 667(A)(intro.
para.), (B)(1)(b), (c), and (3), (H)(3) and (I)(1), and 668(B)(1)(a)(intro. para), (i), (c), and (2); Adds
R.S. 15:307(B)(3), (F), (G), and (H), 307.1, 307.2, R.S. 32:378.2(N), and R.S. 32:667(K))