2019 Regular Session ENROLLED
SENATE RESOLUTION NO. 103
BY SENATOR GATTI
A RESOLUTION
To urge and request the Governor's Task Force on DWI to study issues related to
enforcement actions by a drug recognition expert relative to the operation of a motor
vehicle when impaired by drugs.
WHEREAS, the Governor's Task Force on DWI was reestablished by Executive
Order JBE 18-03 to address the high incidence of driving while intoxicated or under the
influence of drugs, data collection and analysis on DWI conviction rates, the prevalence of
drivers refusing to submit to tests as directed by law enforcement and strategies to reduce
such incidences, and the frequency of arrest, prosecution, and conviction of drug-impaired
drivers; and
WHEREAS, the Governor's Task Force on DWI was reestablished to help identify
and implement effective countermeasures and strategies to reduce incidences of driving
while intoxicated or under the influence of drugs; and
WHEREAS, use of a drug recognition expert to perform a drug recognition
examination may provide another tool to law enforcement; however, performance of a drug
recognition examination presents multiple issues related to existing Louisiana laws
governing enforcement actions, including the suspension of a driver's license, implied
consent, constitutional protections available to the driver, and administrative and judicial
review of enforcement actions.
THEREFORE, BE IT RESOLVED that the Senate of the Legislature of Louisiana
does hereby request the Governor's Task Force on DWI to study issues related to
enforcement actions by a drug recognition expert relative to the operation of a motor vehicle
when impaired by drugs.
BE IT FURTHER RESOLVED that the Governor's Task Force on DWI prepare
recommended legislation for presentation at the 2020 Regular Session of the Louisiana
Legislature.
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BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to
Chaunda Allen Mitchell, PhD, contact person for the Governor's Task Force on DWI.
PRESIDENT OF THE SENATE
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