HLS 20RS-558 ORIGINAL
2020 Regular Session
HOUSE BILL NO. 684
BY REPRESENTATIVE WRIGHT AND SENATOR HEW ITT
MOTOR VEHICLES: Provides relative to ignition interlock devices for DWI offenders
1 AN ACT
2To amend and reenact R.S. 14:98.1(A)(2) and (3)(b) and 98.2(A)(2) and (3)(b), R.S.
3 15:307(Section heading), (A), (C), (D), and (E), R.S. 32:378.2(A), (B)(1)(a)(ii), (aa),
4 and (bb), 414(A)(1)(c), (i), (ii), and (D)(1)(b), 667(A)(introductory paragraph),
5 (B)(1)(b), and (c), (3), (H)(3), and (I)(1), and 668(B)(1)(a)(introductory paragraph)
6 and (i), and (c), and (2), and to enact R.S. 15:307(B)(3), (F), (G), and (H), 307.1,
7 307.2, and R.S. 32:667(K), relative to ignition interlock devices; to provide for the
8 calibration of ignition interlock devices; to provide standards for compliance with
9 ignition interlock devices; to change references to criminal offenses for driving while
10 intoxicated; to provide for a change in time periods that a driver is required to have
11 an ignition interlock device; to provide relative to restricted driver's licenses; to
12 provide for the addition of cameras to ignition interlock devices; to provide for an
13 extension of time that a driver is required to have an ignition interlock device upon
14 notice of a violation reset; to provide relative to first and second offense penalties for
15 operating a vehicle while intoxicated; and to provide for related matters.
16Be it enacted by the Legislature of Louisiana:
17 Section 1 R.S. 14:98.1(A)(2) and (3)(b) and 98.2(A)(2) and (3)(b) are hereby
18amended and reenacted to read as follows:
19 §98.1. Operating while intoxicated; first offense; penalties
20 A.
21 * * *
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1 (2)(a) If the offender had a blood alcohol concentration of 0.15 percent or
2 more but less than 0.20 percent by weight based on grams of alcohol per one hundred
3 cubic centimeters of blood, at least forty-eight hours of the sentence imposed
4 pursuant to Paragraph (1) of this Subsection shall be served without the benefit of
5 parole, probation, or suspension of sentence, and is to be served in addition to any
6 sentence of imprisonment imposed pursuant to Subparagraph (1)(a) of this
7 Subsection, provided that the total period of imprisonment upon conviction of the
8 offense, including imprisonment for default in payment of a fine or costs, shall not
9 exceed six months.
10 (b) In addition to any penalties imposed under this Section, upon conviction
11 of a first offense violation of R.S. 14:98, if the offender had a blood alcohol
12 concentration of 0.15 percent or more by weight based on grams of alcohol per one
13 hundred cubic centimeters of blood, the driver's license of the offender shall be
14 suspended for two years
15 (3)
16 * * *
17 (b) In addition to any penalties imposed under this Section, upon conviction
18 of a first offense, if the offender had a blood alcohol concentration of 0.20 0.15
19 percent or more by weight based on grams of alcohol per one hundred cubic
20 centimeters of blood, the driver's license of the offender shall be suspended for two
21 years.
22 * * *
23 §98.2. Operating while intoxicated; second offense; penalties
24 A.
25 * * *
26 (2)(a) If the offender had a blood alcohol concentration of 0.15 percent or
27 more but less than 0.20 percent by weight based on grams of alcohol per one hundred
28 cubic centimeters of blood, at least ninety-six hours of the sentence imposed
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1 pursuant to Paragraph (1) of this Subsection shall be served without the benefit of
2 parole, probation, or suspension of sentence.
3 (b) In addition to any penalties imposed under this Section, upon conviction
4 of a second offense violation of R.S. 14:98, if the offender had a blood alcohol
5 concentration of 0.15 percent or more by weight based on grams of alcohol per one
6 hundred cubic centimeters of blood, the driver's license of the offender shall be
7 suspended for four years.
8 (3)
9 * * *
10 (b) In addition to any penalties imposed under this Section, upon conviction
11 of a second offense violation of R.S. 14:98, if the offender had a blood alcohol
12 concentration of 0.20 0.15 percent or more by weight based on grams of alcohol per
13 one hundred cubic centimeters of blood, the driver's license of the offender shall be
14 suspended for four years.
15 * * *
16 Section 2. R.S. 15:307(Section heading), (A), (C), (D), and (E) are hereby amended
17and reenacted and R.S. 15:307(B)(3), (F), (G), and (H), 307.1, and 307.2 are hereby enacted
18to read as follows:
19 §307. Ignition interlock devices; installation, calibration, and certification
20 A. As used in R.S. 15:306, "ignition interlock device" means a constant
21 monitoring device that prevents a motor vehicle from being started operated at any
22 time without first determining the equivalent blood alcohol level of the operator
23 through the taking of a breath sample for testing. The system shall be calibrated so
24 that the motor vehicle may not be started if the blood alcohol level of the operator,
25 as measured by the test, reaches a level established by the court and consistent with
26 the rules promulgated by the secretary of the Department of Public Safety and
27 Corrections, hereafter referred to as the "secretary".
28 B.
29 * * *
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1 (3)(a) An ignition interlock device shall be calibrated for accuracy by using
2 a dry gas alcohol standard with an alcohol reference value between .020 and .050
3 g/210L.
4 (b) The calibration process shall consist of the following procedures:
5 (i) Prior to introducing a reference sample into a device, a three second purge
6 must be expelled from the dry gas standard if using greater than six inches of open
7 tubing.
8 (ii)(aa) For an "as found" check to introduce the sample into the device
9 without an adjustment for accuracy, the test must be conducted prior to any
10 adjustment for accuracy and the results must be recorded on the data logger.
11 (bb) The accuracy check shall consist of reference checks with the result of
12 each individual check being within plus or minus 0.005 g/210L of the reference
13 value introduced into the ignition interlock device.
14 (iii) Any ignition interlock device that does not pass calibration after
15 adjustment shall be removed from service, and the serial number of the device kept
16 on record for three years. An ignition interlock device removed from service for
17 failing calibration shall only be placed back in service by the device's manufacturer
18 if it meets the standards as provided for in this Chapter. All repairs shall be
19 documented and kept in the record for three years.
20 C. The secretary shall formulate and promulgate a set of rules and
21 regulations for the proper approval, installation, and use of ignition interlock device
22 in full compliance with this Section and R.S. 15:306. The standards shall include,
23 but not be limited to, requirements that the devices or systems:
24 (1) Do not impede the safe operation of the vehicle.
25 (2) Correlate with established measures of alcohol impairment.
26 (3) Work accurately and reliably in an unsupervised environment.
27 (4) Resist tampering and give evidence if tampering is attempted.
28 (5) Are difficult to circumvent.
29 (6) Minimize inconvenience to a sober user.
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1 (7) Require a proper, deep lung breath sample or other accurate measure of
2 blood alcohol content equivalence.
3 (8) Operate reliably over the range of automobile environments.
4 (9) (1) Are manufactured by a party business entity who that will provide
5 product liability insurance and a bond against malfunction of the device.
6 (2) Are installed in such a manner that it shall not interfere with the normal
7 operation of the vehicle after it is started.
8 (3) Protect against compromise or circumvention and preserves evidence of
9 such activity.
10 (4) Are resistant to tampering.
11 (5) Have the ability to work reliably and accurately in an unsupervised
12 environment.
13 (6) Are designed to permit a restart within three minutes of a stall or when
14 the ignition has been turned off.
15 (7) Measure a person's breath-alcohol concentration by the delivery of a deep
16 lung sample directly into the device.
17 (8) Prevent operation of the vehicle if the breath-alcohol concentration of the
18 sample introduced into the device exceeds 0.02g of alcohol per 210L of breath.
19 (9) Ensure the automatic and complete purge of residual alcohol before
20 allowing subsequent tests.
21 (10) Allow a minimum of 1200ml or 1.2L of breath for an acceptable breath
22 sample.
23 (11) Require a random retest as follows:
24 (a) The first retest shall be required at a random variable interval within ten
25 minutes of starting the vehicle's engine. Subsequent retests shall be required at a
26 random variable interval ranging from ten to forty-five minutes from the previously
27 requested test for the duration of the travel.
28 (b) The device shall allow five minutes for the retest to be completed during
29 which the device will allow unlimited breath tests when a retest is in progress.
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1 (c) The retest set point value shall be the same as the alcohol set point.
2 (d) A distinct audible or visual indicator shall come on to alert the driver that
3 a retest is in progress. Once a retest is in progress, failure to deliver a breath sample
4 below the alcohol set point within the time frame allowed shall:
5 (i) Activate the vehicle's horn to sound repeatedly, or activate a unique
6 audible or visual indicator inside the passenger compartment of the vehicle until the
7 engine is shut down.
8 (ii) Record a retest violation in the data storage system.
9 (iii) Disable the restart.
10 (e) If a circumvention is recorded, the random retest shall function as
11 prescribed in Paragraph (C)(11) of this Section for the duration of travel.
12 (12) Include a supply of two disposable mouth pieces upon installation,
13 designed to minimize the introduction of saliva into an ignition interlock device.
14 (13) Have all primary components, as identified by the Department of Public
15 Safety and Corrections, office of state police, applied technology unit, with a unique
16 serial number, which includes, but is not limited to, the storage device, handset, and
17 camera.
18 (14) Enter a permanent lockout if the ignition interlock device has not been
19 calibrated and serviced within a period of thirty-five days subsequent to its
20 installation or last calibration or inspection, whichever occurs first.
21 (15) Uniquely identify and record the following:
22 (a) Each time the vehicle has a start attempt or is actually started.
23 (b) The results of all tests and retests violations.
24 (c) The length of time the vehicle was operated.
25 (d) Any indication of circumvention or tampering with the ignition interlock
26 device or tests.
27 (16) On or before January 1, 2020, the secretary shall require a restricted
28 operator to wait five minutes before attempting to start the vehicle a second or third
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1 time, and thirty minutes prior to any subsequent attempts to start the vehicle after the
2 initial start failure occurs.
3 (17) Visibly indicate to the user or any qualified person that:
4 (a) The unit is on.
5 (b) The unit is in need of service or calibration.
6 (c) Passage or failure of the breath alcohol content threshold on the breath
7 sample introduced.
8 (d) The unit may augment visible signals or indications with audible ones or
9 any other indication required by the department.
10 (18) Enter into violation reset if any of the following occurs:
11 (a) The restricted operator fails to have the ignition interlock device serviced
12 within the time period described in this Section.
13 (b) Any circumvention is recorded by the device.
14 (c) The device has recorded any of the following, or any combination of the
15 following, three or more times in a thirty day period:
16 (i) A random retest fail or skip.
17 (ii) An initial start failure prior to starting the vehicle unless a second breath
18 test below the alcohol set point is recorded within ten minutes of the initial start
19 failure.
20 (19) Enter into a permanent lockout within five days unless the device is
21 serviced at a mobile or fixed site service center by an ignition interlock technician
22 or calibration technician where it will be calibrated and downloaded if a violation
23 reset occurs.
24 (20) Incorporate a camera as prescribed in this Section. The camera shall not
25 distract or impede the driver in any manner from the safe and legal operation of the
26 vehicle and shall:
27 (a) Encode a digital or photographic image of the vehicle driver including
28 the time, date, and breath alcohol content level of all breath attempts. All images
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1 and data shall be stored in the device's memory for a thirty day period to be
2 downloaded and stored by the manufacturer for three years.
3 (b) Capture a digital image or photograph of the driver during the following
4 circumstances:
5 (i) At the time a sample is introduced to start the vehicle.
6 (ii) Upon introducing a random retest sample.
7 (iii) When a violation reset condition is initiated.
8 (iv) Randomly at the discretion of the manufacturer.
9 (c) Produce a digital image, identifiable verification, or a photograph of the
10 restricted driver in all lighting conditions including extreme brightness, darkness,
11 and low light conditions.
12 D. The camera shall be required as follows:
13 (1) Any new ignition interlock device installation beginning January 1, 2020.
14 (2) All ignition interlock devices by March 31, 2020.
15 E.(1) The manufacturer, vendor, ignition interlock technician, or calibration
16 technician shall notify the originating court of such violation reset conditions, if any,
17 within five days of servicing the ignition interlock device. The manufacturer,
18 vendor, ignition interlock technician, or calibration technician shall provide
19 notification to the Department of Public Safety and Corrections, office of motor
20 vehicles, and the Department of Public Safety and Corrections, office of state police,
21 applied technology unit in an acceptable electronic format should the office of motor
22 vehicles or the office of state police applied technology unit promulgate rules
23 requiring such notification of a violation reset condition.
24 (2) In addition to any other information required by the office of motor
25 vehicles, the office of state police, applied technology unit, or the originating court,
26 all reports concerning a particular ignition interlock device shall include all of the
27 following:
28 (a) The full name, address, and driver's license number of the restricted
29 operator and lessee.
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1 (b) The registration number of the motor vehicle in which the ignition
2 interlock device was installed.
3 (c) The unique serial number of the ignition interlock device.
4 (d) The toll free telephone number of a representative that can explain the
5 report from an ignition interlock device.
6 D. F. The secretary may adopt in whole or relevant part the guidelines, rules,
7 regulations, studies, or independent laboratory tests performed or relied upon by
8 other states, their agencies or commissions.
9 E. G. The secretary shall design and adopt by regulation a warning label
10 which shall be affixed to each ignition interlock device upon installation. The label
11 shall contain a warning that any person tampering with, defeating, or otherwise
12 circumventing the device is guilty of a criminal offense and subject to criminal
13 penalty and civil liability.
14 H. The deputy secretary is hereby authorized to set and collect fees in
15 accordance with this Subsection applicable to the certification, renewal or
16 recertification of ignition interlock devices, service centers, and technicians
17 beginning September 1, 2019, unless otherwise specified in this Section.
18 (1) All fees described in this Section are nonrefundable and shall be remitted
19 by the manufacturer, vendor, or service center to the office of state police, applied
20 technology unit on or before the twenty-fifth day of each month.
21 (2) Fees established by the department shall be based on a calendar year and
22 shall not exceed the following for each designated fee:
23 (a) One thousand dollars for an initial device certification.
24 (b) Five hundred dollars for an annual device certification renewal.
25 (c) Two hundred fifty dollars for an initial service center certification, when
26 certified between January 1st and June 30th.
27 (d) One hundred twenty-five dollars for an initial service center certification,
28 when certified between July 1st and December 31st.
29 (e) Seventy-five dollars for annual service center certification renewal.
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1 (f) Fifty dollars for an initial ignition interlock technician certification.
2 (g) Twenty-five dollars for an annual ignition interlock technician
3 certification renewal.
4 (h) Twenty-five dollars for an initial calibration technician certification.
5 (i) Ten dollars for an annual calibration technician certification renewal.
6 (j) Ten dollars for an installation verification form.
7 (k) Five dollars for a thirty day calibration.
8 (3) When the office of state police has performed a certification, renewal of
9 certification, or received an installation verification fee or thirty day calibration fee
10 for which special costs are assessed in accordance with this Section, such costs shall
11 be forwarded, on or before the twenty-fifth day of each month following their
12 collection, to the state treasurer for immediate deposit in the state treasury.
13 (4)(a) After compliance with the requirements of Article VII, Section 9(B)
14 of the Constitution of Louisiana relative to the Bond Security and Redemption Fund
15 and prior to monies being placed in the state general fund, the treasurer shall credit
16 an amount equal to the total amount of such costs received to a special fund which
17 is hereby created in the state treasury and designated as the Public Safety Ignition
18 Interlock Regulation Fund. The monies in the fund shall be used solely to fund
19 activities of the office of state police, applied technology unit in executing its
20 responsibilities in the regulation of ignition interlock devices, service centers, and
21 technicians, including the following:
22 (i) The purchase and maintenance of equipment and supplies.
23 (ii) Salaries and the cost to equip personnel responsible for certifying,
24 inspecting, investigating, or otherwise regulating ignition interlock manufacturers,
25 service centers, or technicians.
26 (iii) Training in the maintenance and usage of testing equipment.
27 (iv) Establishing and maintaining certification tests as required.
28 (v) Other such related expenses as may be necessary in the efficient and
29 effective administration of those duties.
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1 (b) The monies in the fund shall be used only in the amounts appropriated
2 by the legislature. All unexpended and unencumbered monies in the fund at the end
3 of the fiscal year shall remain in the fund. The monies in the fund shall be invested
4 by the state treasurer in the same manner as monies in the state general fund. All
5 interest earned on monies in the fund invested by the state treasurer shall be credited
6 to the Public Safety Ignition Interlock Regulation Fund.
7 §307.1. Ignition interlock devices; standards; compliance
8 A. The Department of Public Safety and Corrections, office of state police,
9 by rule shall:
10 (1) Provide standards for the certification, installation, repair, maintenance,
11 monitoring, inspection, and removal of ignition interlock devices, as provided in R.S.
12 15:307 and LAC 55:I.601 et seq., and equipment as provided in this Section.
13 (2) Inspect the records and equipment of manufacturers and vendors during
14 regular business hours for compliance with related statutory provisions and rules and
15 regulations.
16 (3) Suspend or revoke certification for any noncompliance.
17 B.(1) When an ignition interlock technician is found to be out of compliance,
18 the installation privileges of that ignition interlock technician may be suspended or
19 revoked until the ignition interlock technician comes into compliance. During any
20 suspension or revocation period, the manufacturer or vendor is responsible for
21 notifying affected customers of any changes in their service agreement.
22 (2) An ignition interlock technician, whose certification is suspended or
23 revoked for noncompliance, has a right to an administrative hearing under R.S.
24 49:950 et seq., to contest the suspension or revocation, or both. For the
25 administrative hearing, the procedure and rules of evidence shall be as provided for
26 in R.S. 49:950 et seq., except as otherwise provided in this Chapter. Any request for
27 an administrative hearing shall be made in writing and received by the Department
28 of Public Safety and Corrections, office of state police within twenty days after the
29 receipt of the notice of suspension or revocation.
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1 C.(1) An ignition interlock device shall employ:
2 (a) Fuel cell technology which is specific for alcohols.
3 (b) Other alcohol specific technology approved by the Department of Public
4 Safety and Corrections, office of state police, applied technology unit, which meets
5 National Highway Traffic Safety Administration’s model specifications for breath
6 alcohol ignition interlock devices as published in the Federal Register, Volume 78,
7 Number 89, including any amendments thereto.
8 (c) Technology capable of taking a photograph identifying the user providing
9 the breath sample and recording the time the breath sample was provided.
10 (d) Technology capable of providing the global positioning coordinates at
11 the time of each rolling retest refusal or circumvention when required by the
12 originating court, the Department of Public Safety and Corrections, office of motor
13 vehicles, or the Department of Public Safety and Corrections, office of state police,
14 applied technology unit. The coordinates for events that result in a violation reset
15 as defined in R.S. 15:307 shall be displayed within the data log that is downloaded
16 by the manufacturer and shall be made available to the office of state police, applied
17 technology unit, to be used for circumvention and tampering investigations.
18 (2) To be certified, an ignition interlock device shall:
19 (a) Meet or exceed the minimum test standards according to rules adopted
20 by the office of state police, applied technology unit. Only a notarized statement
21 from a laboratory that is accredited and certified under the current edition of the
22 International Organization of Standardization 17025 standard for testing and
23 calibration laboratories and is capable of performing the specified tests shall be
24 accepted as proof of meeting or exceeding the standards set forth in the model for
25 specifications for breath alcohol ignition interlock devices as published by the
26 National Highway Traffic Safety Administration in the federal register. The
27 notarized statement shall include the name and signature of the person in charge of
28 the tests under the certification statement. The Department of Public Safety and
29 Corrections, office of state police, applied technology unit shall adopt, by rule, the
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1 required language of the certification statement that shall, at a minimum, outline that
2 the testing meets or exceeds all specifications listed in the federal register adopted,
3 by rule, by the Department of Public Safety and Corrections, office of state police,
4 applied technology unit.
5 (b) Be maintained in accordance with the rules and standards adopted by the
6 office of state police.
7 §307.2. Ignition Interlock Affordability; standards; compliance
8 A. The Department of Public Safety and Corrections, office of state police,
9 by rule, shall provide standards and monitor compliance of an ignition interlock
10 affordability plan for individuals required to install an ignition interlock device that
11 demonstrate economic hardship.
12 B. Economic hardship shall apply to an individual required to have the
13 ignition interlock device being eligible for the Supplemental Nutrition Assistance
14 Program or Medicaid.
15 C. Individuals that meet the economic hardship standard shall be required
16 to pay no more than fifty-percent of fees assessed by the ignition interlock service
17 center for installation, monthly calibration, lease, and removal of the device;
18 D. Individuals that meet the economic hardship standard are responsible for
19 any optional services an individual elects, fees related to any violation reset or
20 permanent lockout as defined in R.S. 15:307, state mandated fees, and any costs
21 related to damaged, missing or unreturned equipment, and recovery of such
22 equipment.
23 E. Individuals become eligible for the affordability plan on the date that the
24 individual provides the ignition interlock manufacturer, or ignition interlock service
25 center, acceptable documentation verifying that the individual meets the standard for
26 economic hardship. Continued eligibility may be verified at the discretion of the
27 ignition interlock manufacturer or ignition interlock service center. Acceptable
28 forms of documentation shall include an eligibility card or qualifying letter for the
29 Supplemental Nutrition Assistance Program (SNAP) or Medicaid. If the
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1 documentation does not name the individual required to install the ignition interlock
2 device specifically, the individual shall be required to sign a notarized affidavit
3 provided by the Department of Public Safety and Corrections attesting to his
4 eligibility for SNAP or Medicaid on a state approved form.
5 F. An ignition interlock manufacturer or ignition interlock service center
6 shall not refuse service to an individual that has demonstrated eligibility for the
7 affordability plan in accordance with this Section.
8 G. An individual who feels that he has been refused service after providing
9 the documentation required in this Section, to an ignition interlock manufacturer or
10 ignition interlock service center, may file a complaint with the Department of Public
11 Safety and Corrections, office of state police, applied technology unit. All
12 complaints for refusal of service shall be investigated by the office of state police,
13 applied technology unit within thirty days of receipt of the complaint.
14 H. If the investigation substantiates the refusal of service, the Department
15 of Public Safety and Corrections, office of state police, applied technology unit may
16 issue a warning, suspension, or revocation of the certification for the ignition
17 interlock manufacturer or the ignition interlock service center based on the facts of
18 the investigation and the history of such complaints related to the manufacturer or
19 service center. An ignition interlock manufacturer or ignition interlock service
20 center may appeal any suspension or revocation pursuant to this Section in
21 accordance with R.S. 15:307.1(B)(2).
22 Section 3. R.S. 32:378.2(A), (B)(1)(a)(ii), (aa), and (bb), 414(A)(1)(c), (i),
23 (ii), and (D)(1)(b), 667(A)(introductory paragraph), (B)(1)(b), and (c), (3), (H)(3),
24 and (I)(1), and 668(B)(1)(a)(introductory paragraph) and (i), and (c), and (2) are
25 hereby amended and reenacted and R.S. 32:667(K) is hereby enacted to read as
26 follows:
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1 §378.2. Ignition interlock devices; condition of probation for certain DWI
2 offenders; restricted license
3 A. In addition to any other provisions of law and except as otherwise
4 provided in Subsection I of this Section, the court may require that any person who
5 is placed on probation as provided in R.S. 14:98(B) R.S. 14:98.1, and the court shall
6 require that any person who is placed on probation as provided by R.S. 14:98(C) R.S.
7 14:98.2 not operate a motor vehicle during the period of probation unless the vehicle
8 is equipped with a functioning ignition interlock device as provided in this Section.
9 B.(1) Any person who has had his driver's license suspended, revoked, or
10 canceled under any of the following conditions shall, upon proof to the Department
11 of Public Safety and Corrections that his motor vehicle has been equipped with a
12 functioning ignition interlock device as provided in this Section, be issued a
13 restricted driver's license:
14 (a)
15 * * *
16 (ii) However, if the offender had a blood alcohol concentration of 0.20 0.15
17 percent or more by weight based on grams of alcohol per one hundred cubic
18 centimeters of blood the following restrictions shall apply:
19 (aa) Upon first offense, if the offender had a blood alcohol concentration of
20 0.20 0.15 percent or greater, he shall be issued a restricted driver's license during the
21 entire period of the two-year driver's license suspension imposed under pursuant to
22 the provisions of R.S. 14:98(K)(1) R.S. 14:98.1(A)(3)(b) and shall be required to
23 have a functioning ignition interlock device installed on his vehicle during the first
24 twelve-month entire period of the suspension.
25 (bb) Upon second offense, if the offender has a blood alcohol concentration
26 of 0.20 0.15 percent or greater, he shall be eligible for a restricted driver's license for
27 the period of suspension as imposed under the provisions of R.S. 14:98(K)(2)(b) R.S.
28 14:98.2(A)(3)(b). The offender may be issued a restricted license during the entire
29 four years on his suspension and shall be required to have a functioning ignition
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1 interlock device installed on his vehicle during the first three years of the four-year
2 suspension.
3 * * *
4 §414. Suspension, revocation, renewal, and cancellation of licenses; judicial review
5 A.(1)
6 * * *
7 (c) Notwithstanding the provisions of Subparagraphs (a) and (b) of this
8 Paragraph, upon first or second conviction, or a plea of guilty or nolo contendere and
9 sentence thereupon or forfeiture of bail of any person charged with the offense of
10 driving while intoxicated when the offender had a blood alcohol concentration of
11 0.20 0.15 percent or more by weight based on grams of alcohol per one hundred
12 cubic centimeters of blood, the following restrictions on suspension and issuance of
13 a restricted driver's license shall apply:
14 (i) Upon first conviction, if the offender had a blood alcohol concentration
15 of 0.20 0.15 percent or greater, his driver's license shall be suspended for two years
16 and he shall be issued a restricted driver's license for the entire period of the
17 suspension after he has provided proof to the department that his motor vehicle is
18 equipped with a functioning ignition interlock device. A functioning ignition
19 interlock device shall remain installed on his vehicle during the first twelve-month
20 entire period of the suspension of his driver's license.
21 (ii) Upon second conviction, if the offender has a blood alcohol
22 concentration of 0.20 0.15 percent or greater, his driver's license shall be suspended
23 for four years. The offender shall be eligible for a restricted license after a period of
24 forty-five days of suspension for the remainder of for the four-year period of
25 suspension after he has provided proof to the department that his motor vehicle is
26 equipped with a functioning ignition interlock device. A functioning ignition
27 interlock device shall remain installed on his vehicle during the first three-year
28 period of the entire four-year period of the suspension of his driver's license.
29 * * *
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1 D.(1)
2 * * *
3 (b) Any licensee who has had his license suspended for operating a motor
4 vehicle while under the influence of alcoholic beverages under the provisions of this
5 Subsection shall be eligible to apply for a restricted driver's license after a period of
6 twelve months upon proof that his motor vehicle has been equipped with a
7 functioning ignition interlock device. The ignition interlock device shall remain on
8 the motor vehicle for not less than six twelve months from the date the restricted
9 driver's license is granted. In the event that the department fails or refuses to issue
10 the restricted driver's license, the district court for the parish in which the licensee
11 resides may issue an order directing the department to issue the restricted license
12 either by ex parte order or after contradictory hearing.
13 * * *
14 §667. Seizure of license; circumstances; temporary license
15 A. When a law enforcement officer places a person under arrest for a
16 violation of R.S. 14:98 or 98.1 98.6, or a violation of a parish or municipal ordinance
17 that prohibits operating a vehicle while intoxicated, and the person either refuses to
18 submit to an approved chemical test for intoxication, or submits to the test and the
19 test results show a blood alcohol level of 0.08 percent or above by weight or, if the
20 person is under the age of twenty-one, a blood alcohol level of 0.02 percent or above
21 by weight, the following procedures shall apply:
22 * * *
23 B.
24 * * *
25 (1)
26 * * *
27 (b) On or after September 30, 2003, if If the person submitted to the test and
28 the test results show a blood alcohol level of 0.08 percent or above by weight, his
29 driving privileges shall be suspended for ninety one hundred eighty days from the
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1 date of suspension on first offense violation, without eligibility for a hardship license
2 for the first thirty days, and for three hundred sixty-five days from the date of
3 suspension, without eligibility for a hardship license, on second and subsequent
4 violations occurring within five years of the first offense. If the person was under
5 the age of twenty-one years on the date of the test and the test results show a blood
6 alcohol level of 0.02 percent or above by weight, his driving privileges shall be
7 suspended for one hundred eighty days from the date of suspension.
8 (c) If the person submitted to the test and the test results show a blood
9 alcohol level of 0.20 0.15 percent or above by weight, his driving privileges shall be
10 suspended for two years from the date of suspension on first offense violation and
11 for four years from the date of suspension for second offense violation.
12 * * *
13 (3)(a) However, any licensee who has had his license suspended for a first
14 or second offense of operating a motor vehicle while under the influence of alcoholic
15 beverages under the provisions of this Subsection and who either refused to submit
16 to the test or who submitted to the test and the test showed a blood alcohol level of
17 less than 0.20 0.15 percent shall, upon proof to the Department of Public Safety and
18 Corrections that his motor vehicle has been equipped with a functioning ignition
19 interlock device, be immediately eligible for and shall be granted a restricted license.
20 In the event that the department fails or refuses to issue the restricted driver's license,
21 the district court for the parish in which the licensee resides may issue an order
22 directing the department to issue the restricted license either by ex parte order or
23 after contradictory hearing.
24 (b) If the person submitted to the test as a result of a first violation and the
25 test results show a blood alcohol level of 0.20 0.15 percent or above by weight, he
26 shall be eligible for a hardship license during the entire period of the imposed two-
27 year suspension after he has provided proof that his motor vehicle has been equipped
28 with an ignition interlock device. A functioning ignition interlock device shall
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1 remain installed on his motor vehicle during the first twelve-month entire period of
2 his driver's license suspension.
3 (c) If the person submitted to the test as a result of a second violation and the
4 test results show a blood alcohol level of 0.20 0.15 percent or above by weight, he
5 shall be eligible for a hardship license during the entire four-year period of the
6 suspension after he has provided proof that his motor vehicle has been equipped with
7 an ignition interlock device. A functioning ignition interlock device shall remain
8 installed on his motor vehicle during the first three-years of the four-year entire
9 period of his driver's license suspension.
10 * * *
11 H.
12 * * *
13 (3) Paragraph (1) of this Subsection shall not apply to a person who refuses
14 to submit to an approved chemical test upon a second or subsequent arrest for R.S.
15 14:98 or 98.1 98.6, or a parish or municipal ordinance that prohibits driving a motor
16 vehicle while intoxicated. However, this Paragraph shall not apply if the second or
17 subsequent arrest occurs more than ten years after the prior arrest. The department's
18 records of arrests made for operating a vehicle while intoxicated, as certified by the
19 arresting officer pursuant to R.S. 32:666(B), shall be used to determine the
20 application of the provisions of this Paragraph. In the event the suspension arising
21 out of such arrest has been reversed or recalled including any reversal or recall as a
22 result of an administrative hearing or judicial review, then that arrest related to that
23 suspension shall not be used to determine if this Paragraph applies to a driver's
24 license reinstatement.
25 I.(1) In addition to any other provision of law, an ignition interlock device
26 shall be installed in any motor vehicle operated by any of the following persons
27 whose driver's license has been suspended in connection with the following
28 circumstances as a condition of the reinstatement of such person's driver's license:
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1 (a) Any person who has refused to submit to an approved chemical test for
2 intoxication, after being requested to do so, for a first, second, third, or subsequent
3 arrest of R.S. 14:98 or 98.1 98.6 or a parish or municipal ordinance that prohibits
4 operating a vehicle while intoxicated and whose driver's license has been suspended
5 in accordance with law.
6 (b) Any person who has submitted to an approved chemical test for
7 intoxication where the results indicate a blood alcohol level of 0.08 percent or above
8 and whose driver's license has been suspended in accordance with the law for an
9 arrest for a violation of R.S. 14:98, 98.6, or a parish or municipal ordinance that
10 prohibits operating a vehicle while intoxicated occurring within ten years of the first
11 arrest.
12 (c) Any person who is arrested for a violation of R.S. 14:98, R.S. 14:98.1
13 98.6, or a parish or municipal ordinance that prohibits operating a vehicle while
14 intoxicated and is involved, as a driver, in a traffic crash which involves moderate
15 bodily injury or serious bodily injury as defined in R.S. 32:666(A).
16 (d) Any person who is arrested for a violation of R.S. 14:98, R.S. 14:98.1
17 98.6, or a parish or municipal ordinance that prohibits operating a vehicle while
18 intoxicated and a minor child twelve years of age or younger was a passenger in the
19 motor vehicle at the time of the commission of the offense.
20 * * *
21 K. Upon notice to the department that a driver has caused the ignition
22 interlock device to enter a violation reset or a permanent lockout, as defined in R.S.
23 15:307, the department shall extend the period the ignition interlock device is
24 required by an additional six months and further restrict the driver's license. The
25 department shall notify the driver that his driver's license will be restricted for an
26 additional six months.
27 §668. Procedure following revocation or denial of license; hearing; court review;
28 review of final order; restricted licenses
29 * * *
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1 B.(1)(a) In a case of a first or second refusal or a first or second submission
2 to a test for intoxication, and when there has been no prior suspension of the driver's
3 license, if suspension is otherwise proper, upon a showing of proof satisfactory to the
4 department that an approved and functioning ignition interlock device has been
5 installed in the vehicle the person shall drive, and that the suspension of driving
6 privileges would prevent the person from earning a livelihood, the department may:
7 (i) Require the licensee to surrender his regular license, unless the license
8 was previously surrendered, and issue in its stead, at a cost to the person of fifty
9 dollars plus the cost of the license, a special restricted operator's license, designated
10 as such by a large red R printed on the face of the license, to be effective for the
11 remaining period of suspension.
12 * * *
13 (c) However, any licensee who has had his license suspended for a first or
14 second offense of operating a motor vehicle while under the influence of alcoholic
15 beverages under the provisions of this Subsection, shall, upon proof of need to the
16 Department of Public Safety and Corrections, be immediately eligible for and shall
17 be issued an ignition interlock restricted license sufficient to maintain livelihood or
18 allow the licensee to maintain the necessities of life. In the event that the department
19 fails or refuses to issue the restricted driver's license, the district court for the parish
20 in which the licensee resides may issue an order directing the department to issue the
21 ignition interlock restricted license either by ex parte order or after contradictory
22 hearing.
23 (2) However, the department shall immediately cancel and seize the
24 restricted license upon receiving satisfactory evidence of the removal of the ignition
25 interlock device prior to the expiration of the license issued pursuant to this
26 Paragraph, of violation of the restrictions, and no person shall have driving privileges
27 of any kind for a period of six months from the receipt by the department of the
28 cancelled restricted license. No violation of Paragraph (B)(2) of this Section shall
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1 occur if the license is reinstated pursuant to R.S. 32:667(H)(1) and (2) prior to the
2 removal of the ignition interlock device.
3 * * *
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 684 Original 2020 Regular Session Wright
Abstract: Provides relative to ignition interlock devices for DWI offenders.
Present law defines an ignition interlock device as a constant monitoring device that prevents
a motor vehicle from being started at anytime without first determining the blood alcohol
level of the operator through the taking a of breath sample for testing.
Proposed law modifies present law by having the device prevent a motor vehicle from
operating and requiring it be equipped with a camera capable of recording a digital image
of the person using the device.
Present law defines "ignition interlock device" as a constant monitoring device that prevents
a motor vehicle from being started at any time without first determining the equivalent blood
alcohol level of the operator through the taking of a breath sample for testing. The system
must be calibrated so that the motor vehicle may not be started if the blood alcohol level of
the operator, as measured by the test, reaches a level established by the court, consistent with
the rules promulgated by the Dept. of Public Safety and Corrections.
Proposed law modifies present law by providing that the definition for ignition interlock
device will be the same definition as set forth in proposed law.
Proposed law requires the ignition interlock device be calibrated for accuracy by using a dry
alcohol standard with an alcohol reference value between .020 and .050g/210L.
Proposed law provides procedures for calibration including a three second purge prior to
introducing a reference sample into a device if using more than six inches of open tubing,
an "as found" check to introduce the sample into the device without an adjustment for
accuracy which consists of reference checks with the result of each check being within plus
or minus 0.005g/210L of the reference value introduced into the device, and a requirement
to remove any device that does not pass calibration after adjustment while keeping the serial
number of the device on record for three years.
Present law requires the rules and regulations that the secretary sets for the proper approval,
installation, and use of ignition interlock devices include but not be limited to requirements
that the devices or systems: (1) Do not impede the safe operation of the vehicle, (2)
Correlate with established measures of alcohol impairment, (3) Work accurately and reliably
in an unsupervised environment, (4) Resist tampering and give evidence if tampering is
attempted, (5) Are difficult to circumvent, (6) Minimize inconvenience to a sober user, (7)
Require a proper, deep lung breath sample or other accurate measure of blood alcohol
content equivalence, (8) Operate reliably over the range of automobile environments, and
(9) are manufactured by a party who will provide product liability insurance and a bond
against malfunction of the device.
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Proposed law modifies present law by removing the present law requirements and mandating
the rules and regulations include but are not limited to requiring the devices: (1) Are
manufactured by a business entity that will provide product liability insurance and a bond
against malfunction of the device, (2) Are installed in such a manner that it must not
interfere with the normal operation of the vehicle after it is started, (3) Protects against
compromise or circumvention and preserves evidence of such activity, (4) Are resistant to
tampering, (5) Have the ability to work reliably and accurately in an unsupervised
environment, (6) Are designed to permit a "restart" within three minutes of a stall or when
the ignition has been turned off, (7) Measure a person's breath-alcohol concentration by the
delivery of a deep lung sample directly into the device, (8) Prevent operation of the vehicle
if the breath-alcohol concentration of the sample introduced into the device exceeds 0.02g
of alcohol per 210L of breath, (9) Ensure the automatic and complete purge of residual
alcohol before allowing subsequent tests, (10) Allow a minimum of 1200ml or 1.2L of
breath for an acceptable breath sample, (11) Require random retests, (12) Include a supply
of two disposable mouth pieces upon installation, designed to minimize the introduction of
saliva into an ignition interlock device, (13) Have all primary components, as identified by
the Dept. of Public Safety and Corrections, office of state police, applied technology unit,
with a unique serial number, which includes, but is not limited to, the storage device,
handset, and camera, (14) Enter a permanent lockout if the ignition interlock device has not
been calibrated and serviced within a period of 35 days subsequent to its installation or last
calibration or inspection, whichever occurs first, (15) Uniquely identify and record each time
the vehicle has a start attempt or is actually started, the results of all tests and retests
violations, how long the vehicle was operated, and any indication of circumvention or
tampering with the ignition interlock device or tests, (16) On or before January 1, 2020,
require a restricted operator to wait five minutes before attempting to start the vehicle a
second or third time, and 30 minutes prior to any subsequent attempts to start the vehicle
after the initial start failure occurs, (17) Visibly indicate to the user or any qualified person
that the unit is on, the unit is in need of service or calibration, the passage or failure of the
breath alcohol content threshold on the breath sample introduced, and any other indication
required by the dept., (18) Enter into violation reset under certain conditions, (19) If a
violation reset occurs, the device must enter into a permanent lockout within five days unless
the device is serviced at a mobile or fixed site service center by an ignition interlock
technician or calibration technician where it will be calibrated and downloaded, and (20)
Incorporate a camera that does not distract or impede the driver in any manner from the safe
and legal operation of the vehicle.
Proposed law requires a camera be installed on any new ignition interlock device beginning
Jan. 1, 2020, and all devices by March 31, 2020.
Proposed law requires the manufacturer, vendor, ignition interlock technician or calibration
technician to notify the originating court, if any, of violation reset conditions within five
days of servicing an ignition interlock device.
Proposed law further requires the manufacturer, vendor or ignition interlock technician or
calibration technician to provide notification to the Dept. of Public Safety and Corrections,
office of motor vehicles, and the Dept. of Public Safety and Corrections, office of state
police, applied technology unit in an acceptable electronic format.
Proposed law requires all reports to the originating court, Dept. of Public Safety and
Corrections, office of motor vehicles, and the Dept. of Public Safety and Corrections, office
of state police, applied technology unit include: (a) the full name, address, and driver's
license number of the restricted operator and lessee, (b) the registration number of the motor
vehicle in which the ignition interlock device was installed, (c) the unique serial number of
the ignition interlock device, and (d) the toll free telephone number of a representative that
can explain the report from an ignition interlock device.
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Proposed law authorizes the deputy secretary to set and collect nonrefundable fees applicable
to the certification, renewal or recertification of ignition interlock devices, service centers,
and technicians.
Proposed law further provides the fees must be remitted to the manufacturer, vendor, or
service center to the office of state police, applied technology unit on or before the 25
th
day
of each month.
Proposed law requires special costs associated with an installation verification fee or 30 day
calibration fee be forwarded on or before the 25
th
day of each month following their
collection to the state treasurer for immediate deposit in the state treasury.
Proposed law requires the treasurer to create a special fund in the state treasury designated
as the Public Safety Ignition Interlock Regulation Fund, and to credit an amount equal to the
total amount of costs received after compliance with requirements of Article VII, Section
9(B) of the Constitution of Louisiana relative to the Bond Security and Redemption Fund.
Proposed law further requires the funds in the Public Safety Ignition Interlock Regulation
Fund be used solely to fund activities of the office of state police, applied technology unit
in executing its responsibilities in the regulation of ignition interlock devices, service centers
and technicians.
Proposed law requires the Dept. of Public Safety and Corrections, office of state police to
provide standards for the certification, installation, repair, maintenance, monitoring,
inspection, and removal of ignition interlock devices in accordance with present law.
Proposed law requires a manufacturer or vendor to notify affected customers of any changes
in their service agreement during any suspension or revocation period as a result of an
ignition interlock device technician that is found to be out of compliance.
Proposed law grants an ignition interlock device technician the right to an administrative
hearing pursuant to present law to contest the suspension or revocation, or both. Proposed
law further provides standards for requesting a hearing, hearing procedure, and evidence.
Proposed law requires an ignition interlock device to employ: (a) fuel cell technology,
specific for alcohols, (b) other alcohol specific technology approved by the Dept. of Public
Safety and Corrections, office of state police, applied technology unit, which meets present
law federal standards, (c) technology capable of taking a photograph identifying the user
providing the breath sample and recording the time the breath sample was provided, and (d)
technology capable of providing the global positioning coordinates at the time of each
rolling retest refusal or circumvention when required by the originating court, the Dept. of
Public Safety and Corrections, office of motor vehicles, or office state police, applied
technology unit.
Proposed law requires an ignition interlock device meet or exceed the minimum test
standards according to rules adopted by the office of state police, applied technology unit,
and be maintained in accordance with the rules and standards adopted by the office of state
police.
Proposed law requires the Dept. of Public Safety and Corrections, office of state police to
provide standards and monitor compliance for ignition interlock affordability plans for
individuals.
Proposed law provides that economic hardship is defined as an individual that is eligible for
Supplemental Nutrition Assistance Program (SNAP) or Medicaid. Proposed law further
provides that individuals that meet the economic standard will not be required to pay more
than 50% of the assessed fees.
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Proposed law provides that individuals that meet the economic hardship standard are
responsible for any optional services an individual elects, fees related to any violation reset
or permanent lockout as defined in present law, state mandated fees, and any costs related
to damaged, missing or unreturned equipment and recovery of such equipment.
Proposed law provides that individuals become eligible for the affordability plan on the date
that the individual provides the ignition interlock manufacturer or ignition interlock service
center acceptable documentation verifying that the individual meets the standard for
economic hardship.
Proposed law prevents an ignition interlock manufacturer or ignition interlock service center
from refusing service to an individual that has demonstrated eligibility for the affordability
plan in accordance with this proposed law.
Proposed law grants an individual who feels that they have been refused service after
providing the documentation required under proposed law the right to file a complaint with
the office of state police, applied technology unit. Proposed law further provides that all
complaints must be investigated within 30 days of receipt of the complaint.
Proposed law provides that if the investigation substantiates the refusal of service, the office
of state police, applied technology unit may issue a warning, suspension, or revocation of
the certification for the ignition interlock manufacturer or service center based on the facts
of the investigation and history of similar complaints related to manufacturer or service
center.
Present law provides that the court may require any person placed on probation as provided
for in R.S. 14:98(B) and must require any person placed on probation as provided in R.S.
14:98(C) not operate a motor vehicle during the period of probation unless the vehicle is
equipped with a functioning ignition interlock device.
Proposed law changes the references in present law from R.S. 14:98(B) to 98.1 and from
R.S. 14:98(C) to 98.2.
Present law provides that if an offender has a blood alcohol concentration of 0.20 percent
or more by body weight on a first offense DWI, the offender must be issued a restricted
driver's license for a two-year period and be required to have an ignition interlock device
installed on his vehicle for the first 12 months of the two-year period.
Proposed law modifies present law by lowering the blood alcohol concentration threshold
to 0.15 percent or more by body weight and requiring the ignition interlock device be
installed for the entire two-year period.
Present law further provides that if an offender has a blood alcohol concentration of 0.20
percent or more by body weight on a second offense DWI, the offender must be issued a
restricted driver's license for a four-year period and be required to have an ignition interlock
device installed on his vehicle during the first three years of the four-year period.
Proposed law modifies present law by lowering the blood alcohol concentration threshold
to 0.15 percent or more by body weight and requiring the ignition interlock device be
installed for the entire four-year period.
Present law provides that upon a first conviction or a plea of guilty or no contest and the
offender has a blood alcohol concentration of 0.20 percent or more by body weight, the
offender must have his driver's license suspended for two years, receive a restricted driver's
license for the entire period after proving that he has an ignition interlock device installed
on his vehicle, which must remain installed for the first 12 months of the two-year period.
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HB NO. 684
Proposed law modifies present law by lowering the blood alcohol concentration threshold
to 0.15 percent or more by body weight and requiring the ignition interlock device be
installed for the entire two-year period.
Present law further provides that upon a second conviction or a plea of guilty or no contest
and the offender has a blood alcohol concentration of 0.20 percent or more by body weight,
the offender must have his driver's license suspended for four years, receive a restricted
driver's license after the first 45 days of the four-year suspension after proving that he has
an ignition interlock device installed on his vehicle, which must remain installed for the first
three years of the four-year period.
Proposed law modifies present law by lowering the blood alcohol concentration threshold
to 0.15 percent or more by body weight and requiring the ignition interlock device be
installed for the entire four-year period.
Present law grants eligibility for a restricted driver's license to any licensee who has had their
license suspended for a DWI violation after a period of 12 months upon proof that his
vehicle is equipped with an ignition interlock device. Proposed law requires the device
remain on the vehicle for six months after issuance of the restricted driver's license.
Proposed law modifies present law by eliminating the 12 month waiting period for the
restricted driver's license and requires the device remain on the vehicle for 12 months after
issuance of the restricted driver's license.
Present law provides that on or after September 30, 2003, if a person has submitted to a
breath alcohol concentration test and the test results show a blood alcohol level of 0.08
percent or above by weight, his driving privileges will be suspended for 90 days from the
date of suspension on first offense violation, without eligibility for a hardship license for the
first 30 days, and for 365 days from the date of suspension, without eligibility for a hardship
license, on second and subsequent violations occurring within five years of the first offense.
Proposed law modifies present law by removing the enacting date, increasing the suspension
for a first offense from 90 days to 180 days, removing the provision disallowing a person
eligibility for a hardship license.
Present law provides that if a person has submitted to a breath alcohol concentration test and
the test results show a blood alcohol level of 0.20 percent or above by weight, his driving
privileges will be suspended for two years on a first offense violation and for four years on
a second offense violation.
Proposed law modifies present law by lowering the blood alcohol concentration threshold
to 0.15 percent or more by body weight.
Present law provides that any licensee whose license has been suspended for a first or second
DWI offense and either refused to submit to the test or submitted to the test and the test
showed a blood alcohol level of less than 0.20 percent must, upon proof that his motor
vehicle has been equipped with a functioning ignition interlock device, be immediately
granted a restricted license.
Proposed law modifies present law by lowering the blood alcohol concentration threshold
to 0.15 percent or more by body weight.
Present law provides that if a person has submitted to the test as a result of a first violation
and the test results show a blood alcohol level of 0.20 percent or above by weight, he will
be eligible for a hardship license during the entire period of the imposed two-year suspension
after he shows proof that his motor vehicle is equipped with an ignition interlock device,
which must remain installed on his motor vehicle during the first 12 month period of his
driver's license suspension.
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Proposed law modifies present law by lowering the blood alcohol concentration threshold
to 0.15 percent or more by body weight and requiring the device be installed for the entire
period of suspension.
Present law provides that if a person has submitted to the test as a result of a second violation
and the test results show a blood alcohol level of 0.20 percent or above by weight, he will
be eligible for a hardship license during the entire four-year period of the suspension after
he shows proof that his motor vehicle is been equipped with an ignition interlock device,
which must remain installed on his motor vehicle during the first three-years of the four-year
suspension.
Proposed law modifies present law by lowering the blood alcohol concentration threshold
to 0.15 percent or more by body weight and requiring the device be installed for the entire
period of suspension.
Present law provides that any person who has refused to submit to an approved chemical test
for intoxication, after being requested to do so, for a second DWI arrest and whose driver's
license has been suspended in accordance with law must have an ignition interlock device
installed in their motor vehicle.
Proposed law modifies present law by extending this requirement to first, third, or
subsequent arrests for DWI violations.
Present law provides that any person who has submitted to an approved chemical test for
intoxication where the results indicate a blood alcohol level of 0.08 percent or above and
whose driver's license has been suspended in accordance with law for an arrest occurring
within 10 years of the first arrest must have an ignition interlock device installed in their
motor vehicle.
Proposed law modifies present law by requiring the arrest be made for a violation of present
law whether state or local.
Proposed law changes references in present law from R.S. 14:98.1 to 98.6.
Proposed law provides that upon notice to the dept. that a driver has caused the ignition
interlock device to enter a violation reset or a permanent lockout, the dept. must extend the
period the ignition interlock device is required by an additional six months and further
restrict the driver's license. Proposed law further requires the dept. to notify the driver that
his driver's license will be restricted for an additional six months.
Present law provides that in a case of first refusal or first submission to a test for intoxication
and when there has been no prior suspension of the driver's license, if suspension is
otherwise proper, upon proving to the dept. that the suspension of driving privileges would
prevent the person from earning a livelihood, the dept. may require the licensee to surrender
his regular license and issue, at a cost of $50.00 plus the cost of the license, a special
restricted operator's license to be effective for the remaining period of suspension.
Proposed law modifies present law by requiring the provision apply to a second offense,
removing the requirement of no prior suspension, adding that an ignition interlock device
be installed in the vehicle the person will drive, and requiring the licensee surrender his
regular license unless it has been previously surrendered.
Present law provides that any licensee who has had his license suspended for a first or
second DWI offense must, upon proof of need to the Dept. of Public Safety and Corrections,
be issued an ignition interlock restricted license sufficient to maintain livelihood or allow
the licensee to maintain the necessities of life.
Proposed law repeals present law.
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are additions. HLS 20RS-558 ORIGINAL
HB NO. 684
Present law requires the dept. immediately cancel and seize the restricted license upon
receiving satisfactory evidence of violation of the restrictions, and no person will have
driving privileges of any kind for a period of six months from the receipt by the dept. of the
cancelled restricted license.
Proposed law modifies present law by adding the removal of the ignition interlock device
prior to the expiration of the restricted license as a reason for the dept. to cancel and seize
a restricted driver's license. Proposed law further provides that no violation of present and
proposed law will occur if the license is reinstated pursuant to present law prior to the
removal of the ignition interlock device.
(Amends R.S. 14:98.1(A)(2) and (3)(b) and 98.2(A)(2) and (3)(b), R.S. 15:307(Section
heading), (A), (C), (D), and (E), R.S. 32:378.2(A), (B)(1)(a)(ii), (aa), and (bb), 414(A)(1)(c),
(i), (ii), and (D)(1)(b), 667(A)(intro. para.), (B)(1)(b), and (c), (3), (H)(3), and (I)(1), and
668(B)(1)(a)(intro. para.) and (i), and (c), and (2); Adds R.S. 15:307(B)(3), (F), (G), and (H),
307.1, 307.2, and R.S. 32:667(K))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.