SLS 19RS-300 ORIGINAL
2019 Regular Session
SENATE BILL NO. 206
BY SENATOR GATTI
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
FEES/LICENSES/PERMITS. Provides relative to seizure of driver's license under certain
circumstances. (8/1/19)
1 AN ACT
2 To amend and reenact the introductory paragraph of R.S. 32:667(A), 667(A)(3), the
3 introductory paragraph of 667(B), and 667(B)(1)(b), and to enact R.S.
4 32:667(B)(3)(d), relative to drivers' licenses; to provide for the seizure of the driver's
5 license of a person under the influence of controlled dangerous substances, or a
6 combination of alcohol and one or more uncontrolled substance drugs that may be
7 legally obtained with or without a prescription when a certified drug recognition
8 expert determines the person is impaired; to increase the time period for a person to
9 request an administrative hearing after submission to an approved test when the
10 chemical test results are not immediately available; to provide for suspension of the
11 driver's license of a person who submits to an approved chemical test when a
12 certified drug recognition expert determines the person is impaired; to provide
13 relative to a person's eligibility for a restricted license; to authorize the district court
14 for the parish where a licensee resides to order the department to issue a restricted
15 license by ex parte order or after contradictory hearing to a person who submits to
16 an approved chemical test as result of a first or second violation; and to provide for
17 related matters.
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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. 206
SLS 19RS-300 ORIGINAL
1 Be it enacted by the Legislature of Louisiana:
2 Section 1. The introductory paragraph of R.S. 32:667(A), 667(A)(3), the
3 introductory paragraph of 667(B), and 667(B)(1)(b) are hereby amended and reenacted, and
4 R.S. 32:667(B)(3)(d) is hereby enacted to read as follows:
5 ยง667. Seizure of license; circumstances; temporary license
6 A. When a law enforcement officer places a person under arrest for a
7 violation of R.S. 14:98 or 98.1, or a violation of a parish or municipal ordinance that
8 prohibits operating a vehicle while intoxicated, and the person either refuses to
9 submit to an approved chemical test for intoxication, or submits to the test and the
10 test results show a blood alcohol level of 0.08 percent or above by weight or, if the
11 person is under the age of twenty-one, a blood alcohol level of 0.02 percent or above
12 by weight, or the person is under the influence of any controlled dangerous
13 substance listed in Schedules I, II, III, IV, or V as set forth in R.S. 40:964, or the
14 person is under the influence of a combination of alcohol and one or more drugs
15 that are not controlled dangerous substances and are legally obtainable with or
16 without a prescription, and a certified drug recognition expert determines the
17 person is impaired, the following procedures shall apply:
18 * * *
19 (3) In a case where a person submits to an approved chemical test for
20 intoxication, but the results of the test are not immediately available, the law
21 enforcement officer shall comply with Paragraphs (1) and (2) of this Subsection, and
22 the person shall have thirty ninety days from the date of arrest to make written
23 request for an administrative hearing. If after thirty ninety days from the date of
24 arrest, the test results have not been received, or if the person was twenty-one years
25 of age or older on the date of arrest, and the test results show a blood alcohol level
26 of less than 0.08 percent by weight, then no hearing shall be held, and the license
27 shall be returned without the payment of a reinstatement fee. If the person was under
28 the age of twenty-one years on the date of arrest, and the test results show a blood
29 alcohol level of less than 0.02 percent by weight, then no hearing shall be held, and
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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. 206
SLS 19RS-300 ORIGINAL
1 the license shall be returned without the payment of a reinstatement fee.
2 * * *
3 B. If Except as otherwise provided in Paragraph (A)(3) of this Section,
4 if such written request for an administrative hearing is not made by the end of the
5 thirty-day period, the person's license shall be suspended as follows:
6 (1)(a) * * *
7 (b) On or after September 30, 2003, if the person submitted to the an
8 approved chemical test, and the test results show a blood alcohol level of 0.08
9 percent or above by weight, or a certified drug recognition expert determined the
10 person was impaired, his driving privileges shall be suspended for ninety days from
11 the date of suspension on first offense violation, without eligibility for a hardship
12 license for the first thirty days, and for three hundred sixty-five days from the date
13 of suspension, without eligibility for a hardship license, on second and subsequent
14 violations occurring within five years of the first offense violation. If the person was
15 under the age of twenty-one years on the date of the test, and the test results show a
16 blood alcohol level of 0.02 percent or above by weight, his driving privileges shall
17 be suspended for one hundred eighty days from the date of suspension.
18 * * *
19 (3)(a) * * *
20 (d) In a case where the person submits to an approved chemical test for
21 intoxication as a result of a first or second violation, and a certified drug
22 recognition expert determines the person was under the influence of any
23 controlled dangerous substance listed in Schedules I, II, III, IV, or V as set forth
24 in R.S. 40:964, or the person was under the influence of a combination of
25 alcohol and one or more drugs that are not controlled dangerous substances and
26 are legally obtainable with or without a prescription, he shall immediately be
27 eligible for and shall be granted a restricted license by the Department of Public
28 Safety and Corrections. If the department fails or refuses to issue the restricted
29 driver's license, the district court for the parish in which the licensee resides
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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. 206
SLS 19RS-300 ORIGINAL
1 may issue an order to direct the department to issue the restricted license either
2 by ex parte order or after contradictory hearing.
3 * * *
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Sharon F. Lyles.
DIGEST
SB 206 Original 2019 Regular Session Gatti
Present law requires a law enforcement officer who arrests a person for violation of
impairment related offenses, when the person either refuses to submit to an approved
chemical test for intoxication, or submits to the test and the test results show a blood alcohol
level of 0.08 percent or above by weight, or if the person is under the age of 21, a blood
alcohol level of 0.02 percent or above by weight, to do the following:
(1)Seize the arrested person's driver's license and issue a temporary receipt of license
on an approved DPS&C form that authorizes the person to operate a vehicle on the
public highways of this state for a period not to exceed 30 days from the date or
arrest; and
(2)The temporary receipt also provides and serves notice that the person has not more
than 30 days from the date of arrest to request an administrative hearing pursuant to
R.S. 32:668.
Proposed law adds to the list of impairment related offenses that the person is under the
influence of any controlled dangerous substance listed in Schedules I, II, III, IV, or V as set
forth in R.S. 40:964, or the person is under the influence of a combination of alcohol and one
or more drugs that are not controlled dangerous substances and are legally obtainable with
or without a prescription, and a certified drug recognition expert determines the person is
impaired.
Present law requires a person who submits to an approved chemical test, but the results of
the test are not immediately available, to make a written request to the DPS&C for an
administrative hearing 30 days from the date of arrest.
Present law provides that no hearing shall be held and the driver's license shall be returned
without the payment of a reinstatement fee if test results are not received within 30 days of
arrest, or if test results show a person's blood alcohol level was less than 0.08 percent by
weight for persons 21 years of age or older or was less than 0.02 percent for persons under
21 years of age.
Proposed law increases the time periods to request an administrative hearing and to return
a driver's license when test results are not immediately available or do not show illegal blood
alcohol levels from 30 to 90 days for persons who submit to an approved chemical test.
Present law requires suspension of the driver's license of a person arrested for an impairment
violation who fails to submit a written request for an administrative hearing by the end of
the 30 day period, as follows:
(1)First offense, 90 days suspension, without eligibility for a hardship license for the
first 30 days;
(2)Second and subsequent offenses within fives years of the first offense, 365 days
suspension, without eligibility for a hardship license.
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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. 206
SLS 19RS-300 ORIGINAL
Proposed law adds suspension of the driver's license based upon a determination of
intoxication by a certified drug recognition expert.
Proposed law provides immediate eligibility and grant of a restricted license to a person who
submits to an approved chemical test, when a certified drug recognition expert determines
the person was under the influence of any controlled dangerous substance listed in Schedules
I, II, III, IV, or V as set forth in R.S. 40:964, or the person is under the influence of a
combination of alcohol and one or more drugs that are not controlled dangerous substances
and are legally obtainable with or without a prescription.
Effective August 1, 2019.
(Amends R.S. 32:667(A)(intro para), 667(A)(3), 667(B)(intro para), and 667(B)(1)(b); adds
R.S. 32:667(B)(3)(d))
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.