The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Sharon F. Lyles.
DIGEST
SB 143 Engrossed 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))