SLS 19RS-262 ORIGINAL
2019 Regular Session
SENATE BILL NO. 143
BY SENATOR GARY SMITH
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
DWI. Provides relative to driver licenses. (8/1/19)
1 AN ACT
2 To amend and reenact R.S. 32:414(A)(1)(a) and (c), relative to driver licenses; to provide
3 for suspension of driver licenses; and to provide for related matters.
4 Be it enacted by the Legislature of Louisiana:
5 Section 1. R.S. 32:414(A)(1)(a) and (c) are hereby amended and reenacted to read
6 as follows:
7 ยง414. Suspension, revocation, renewal, and cancellation of licenses; judicial review
8 A.(1)(a) The department shall suspend the license of any person for a period
9 of twelve months upon receiving, from any district, city, or municipal court, of this
10 state or of any other state, having traffic jurisdiction, or from any federal court or
11 magistrate having traffic jurisdiction, satisfactory evidence of the conviction or of
12 the entry of a plea of guilty or nolo contendere and sentence thereupon or of the
13 forfeiture of bail of any such person charged with the first offense for vehicular
14 negligent injuring, R.S. 14:39.1, or for operating a motor vehicle while under the
15 influence of beverages of high alcoholic content, of low alcoholic content, of
16 narcotic drugs, or of central nervous system stimulants, regardless of whether or not
17 the person was sentenced including those cases where a person's sentence is
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 143
SLS 19RS-262 ORIGINAL
1 suspended pursuant to Code of Criminal Procedure Article 893 or 894. The
2 department shall promptly investigate an allegation made by such licensee that the
3 suspension of his driving privileges will deprive him or his family of the necessities
4 of life, or will prevent him from earning a livelihood. If the department so finds, it
5 may reinstate the license of such licensee; however, such suspension and
6 reinstatement shall be considered as a first suspension and grant of restricted driving
7 privileges for the purposes of R.S. 32:415.1, and the driving privileges of the
8 licensee shall be restricted as provided in R.S. 32:415.1 for a period of twelve
9 months from the date of conviction or the entry of a plea of guilty or nolo contendere
10 and sentence thereupon or of the forfeiture of bail. Notice of the restriction shall be
11 attached to the license.
12 * * *
13 (c) Notwithstanding the provisions of Subparagraphs (a) and (b) of this
14 Paragraph, upon first or second conviction, or a plea of guilty or nolo contendere and
15 sentence thereupon or forfeiture of bail of any person charged with the offense of
16 driving while intoxicated when the offender had a blood alcohol concentration of
17 0.20 percent or more by weight based on grams of alcohol per one hundred cubic
18 centimeters of blood, the following restrictions on suspension and issuance of a
19 restricted driver's license shall apply:
20 (i) Upon first offense conviction, if the offender had a blood alcohol
21 concentration of 0.20 percent or greater, his driver's license shall be suspended for
22 two years and he shall be issued a restricted driver's license for the entire period of
23 the suspension after he has provided proof to the department that his motor vehicle
24 is equipped with a functioning ignition interlock device. A functioning ignition
25 interlock device shall remain installed on his vehicle during the first twelve-month
26 period of the suspension of his driver's license.
27 (ii) Upon second offense conviction, if the offender has a blood alcohol
28 concentration of 0.20 percent or greater, his driver's license shall be suspended for
29 four years. The offender shall be eligible for a restricted license after a period of
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 143
SLS 19RS-262 ORIGINAL
1 forty-five days of suspension for the remainder of the four-year period of suspension
2 after he has provided proof to the department that his motor vehicle is equipped with
3 a functioning ignition interlock device. A functioning ignition interlock device shall
4 remain installed on his vehicle during the first three-year period of the four-year
5 period of the suspension of his driver's license.
6 * * *
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Sharon F. Lyles.
DIGEST
SB 143 Original 2019 Regular Session Gary Smith
Present law requires the DPS&C to suspend the driver license for 12 months upon receipt
of satisfactory evidence of the conviction, or the entry of a plea of guilty or nolo contendere
and sentence thereupon or of the forfeiture of bail for any person charged with first offense
vehicular negligent injuring, R.S. 14:39.1, or for operating a motor vehicle while under the
influence of high or low alcoholic content, or narcotic drugs, or of central nervous system
stimulants, regardless of whether or not the person was sentenced pursuant to C.Cr.P. Art.
893 or 894 and provides for reinstatement and grant of restricted driving privileges.
Proposed law retains present law but replaces "regardless of whether or not the person was
sentenced" with "including those cases where a person's sentence is suspended" pursuant to
C.Cr.P. Art. 893 or 894.
Present law provides that notwithstanding the provisions of R.S. 32:414(A)(a) and (b), upon
first or second conviction, or a plea of guilty or nolo contendere and sentence thereupon or
forfeiture of bail, any person charged with the offense of DWI with a 0.20 percent or more
blood alcohol concentration by weight based on grams of alcohol per one hundred cubic
centimeters of blood, the following restrictions on suspension and issuance of a restricted
driver's license shall apply:
(1)Upon first offense, an offender with a BAC of 0.20 percent or greater shall have his
driver's license suspended for two years and shall be issued a restricted driver's
license for the entire period of suspension with proof his motor vehicle is equipped
with a functioning interlock device. The interlock device shall remain installed
during the first twelve-month period of suspension of his driver's license.
(2)Upon second offense, an offender with a BAC of 0.20 percent or greater shall have
his driver's license suspended for four years and will be eligible for a restricted
license upon notification his vehicle is equipped with a functioning interlock device
after forty-five days of suspension for the remainder of the four-year suspension. The
interlock device shall remain installed on his vehicle during the first three-year
period of the four-year driver license suspension.
Proposed law retains present law but changes terminology from first offense and second
offense to first conviction and second conviction in Subparagraph (c)(i) and (ii).
Effective August 1, 2019.
(Amends R.S. 32:414(A)(1)(a) and (c))
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.