Louisiana Senate Bill SB206

Louisiana 2019 Regular Session

• Introduced: 3/27/19
• Refer: 3/27/19
• Refer: 4/8/19

Caption

Provides relative to seizure of driver's license under certain circumstances. (8/1/19)

Impact

The bill significantly increases the time frame for individuals who submit to a chemical test to request an administrative hearing from 30 to 90 days. Moreover, it offers immediate eligibility for a restricted license if a certified drug recognition expert determines that the individual is impaired, even if the results of the chemical test are not instantly available. This provision is designed to provide individuals an opportunity to maintain some driving privileges while their case is resolved.

Summary

Senate Bill 206, introduced by Senator Gatti, aims to modify existing laws related to the seizure of driver's licenses in cases of impairment related offenses. The bill expands the definition of impairment to include individuals under the influence of controlled dangerous substances and those who combine alcohol with legally obtainable drugs. This adjustment is intended to enhance road safety by holding individuals accountable for various forms of impairment, not just alcohol-related violations.

Sentiment

The general sentiment around SB 206 appears to be mixed. Advocates of the bill argue that it is a necessary step to enhance public safety and curb impaired driving by ensuring stricter accountability measures are in place. Critics, however, may view this as an overreach that could impose undue penalties on individuals whose impairment might not directly affect their ability to drive safely, raising concerns about fairness and the implications for personal freedoms.

Contention

Notable points of contention include concerns about the broad definitions of impairment and the administrative burdens placed on individuals obligated to navigate the new regulations. Critics fear that the bill could lead to wrongful suspensions and potential hardships for those who may not have been significantly impaired, while supporters counter that the enhanced measures are a vital response to the growing concern over drug-related driving incidents. As such, the bill points to a balancing act between ensuring road safety and safeguarding individual rights.