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2020 Regular Session
SENATE BILL NO. 214
BY SENATOR HEWITT
MOTOR VEHICLES. Provides relative to ignition interlock device requirement for DWI
offenders to be issued a restricted driver's license. (8/1/20)
1 AN ACT
2 To amend and reenact the introductory paragraph of R.S. 14:98.1(A)(1) and (d) and (2), the
3 introductory paragraph of 98.2(A)(1) and (d), (2), and (3), and (D)(3), R.S.
4 32:378.2(A) and (B)(1)(a)(ii)(aa) and (bb), 414(A)(1)(c) and (D)(1)(b), the
5 introductory paragraph of 667(A), (B)(1)(b), and (c), and (3), and (H)(3) and
6 (I)(1)(a), (b), (c), and (d), and the introductory paragraph of 668(B)(1)(a), and (i),
7 and (c) and (2), to enact R.S. 32:667(K), and to repeal R.S. 14:98.1(A)(3) and
8 14:98.2(A)(4), relative to restricted driver's licenses; to reduce the blood alcohol
9 concentration that requires operation of any vehicle with a functioning ignition
10 interlock device; to change references to criminal offenses for driving while
11 intoxicated; to provide for a change in time periods that a driver is required to have
12 an ignition interlock device; to provide for an extension of time that a driver is
13 required to have an ignition interlock device after notice of a violation reset; and to
14 provide for related matters.
15 Be it enacted by the Legislature of Louisiana:
16 Section 1. The introductory paragraph of R.S. 14:98.1(A)(1) and (d) and (2), and the
17 introductory paragraph of 98.2(A)(1) and (d), (2), and (3) and (D)(3) are hereby amended
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1 and reenacted to read as follows:
2 §98.1. Operating while intoxicated; first offense; penalties
3 A.(1) Except as modified by the provisions of Paragraphs (2) and (3)
4 Paragraph (2) of this Subsection, on a conviction of a first offense violation of R.S.
5 14:98, the offender shall be fined not less than three hundred dollars nor more than
6 one thousand dollars, and shall be imprisoned for not less than ten days nor more
7 than six months. Imposition or execution of sentence under this Paragraph shall not
8 be suspended unless the offender is placed on probation with the minimum
9 conditions that he complete all of the following:
10 * * *
11 (d) Except as provided by Subparagraph (3)(c) (2)(c) of this Subsection, the
12 court may order that the offender not operate a motor vehicle during the period of
13 probation, or such shorter time as set by the court, unless any vehicle, while being
14 operated by the offender, is equipped with a functioning ignition interlock device in
15 compliance with the requirements R.S. 14:98.5(C) and R.S. 32:378.2.
16 (2) If the offender had a blood alcohol concentration of 0.15 percent or more
17 but less than 0.20 percent by weight based on grams of alcohol per one hundred
18 cubic centimeters of blood, at least forty-eight hours of the sentence imposed
19 pursuant to Paragraph (1) of this Subsection shall be served without the benefit of
20 parole, probation, or suspension of sentence, and is to be served in addition to any
21 sentence of imprisonment imposed pursuant to Subparagraph (1)(a) of this
22 Subsection, provided that the total period of imprisonment upon conviction of the
23 offense, including imprisonment for default in payment of a fine or costs, shall not
24 exceed six months.
25 (3)(a) If the offender had a blood alcohol concentration of 0.20 0.15 percent
26 or more by weight based on grams of alcohol per one hundred cubic centimeters of
27 blood, the offender shall be fined not less than seven hundred fifty dollars nor more
28 than one thousand dollars and at least forty-eight hours of the sentence imposed
29 pursuant to Paragraph (1) of this Subsection shall be served without the benefit of
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1 parole, probation, or suspension of sentence, and is to be served in addition to any
2 sentence of imprisonment imposed pursuant to Subparagraph (1)(a) of this
3 Subsection, provided that the total period of imprisonment upon conviction of the
4 offense, including imprisonment for default in payment of a fine or costs, shall not
5 exceed six months.
6 (b) In addition to any penalties imposed under this Section, upon conviction
7 of a first offense, if the offender had a blood alcohol concentration of 0.20 0.15
8 percent or more by weight based on grams of alcohol per one hundred cubic
9 centimeters of blood, the driver's license of the offender shall be suspended for two
10 years.
11 (c) The court shall require that the offender not operate a motor vehicle
12 during the period of probation unless any vehicle, while being operated by the
13 offender, is equipped with a functioning ignition interlock device in compliance with
14 the requirements of R.S. 14:98.5(C) and R.S. 32:378.2. The ignition interlock device
15 shall remain installed and operative on his vehicle during the first twelve-month
16 entire period of suspension of his driver's license following the date of conviction.
17 * * *
18 §98.2. Operating while intoxicated; second offense; penalties
19 A.(1) Except as modified by the provisions of Paragraphs (2), and (3), and
20 (4) of this Subsection, or as provided by Subsection D of this Section, on a
21 conviction of a second offense violation of R.S. 14:98, regardless of whether the
22 second offense occurred before or after the first conviction, the offender shall be
23 fined not less than seven hundred fifty dollars nor more than one thousand dollars,
24 and shall be imprisoned for not less than thirty days nor more than six months. At
25 least forty-eight hours of the sentence imposed shall be served without benefit of
26 parole, probation, or suspension of sentence. Imposition or execution of the
27 remainder of sentence shall not be suspended unless the offender is placed on
28 probation with the minimum conditions that he complete all of the following:
29 * * *
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1 (d) Except as the period of time may be increased in accordance with
2 Subparagraph (3)(c) (2)(c) of this Subsection, the court shall order that the offender
3 not operate a motor vehicle during the period of probation unless any vehicle, while
4 being operated by the offender, is equipped with a functioning ignition interlock
5 device in compliance with the requirements of R.S. 14:98.5(C), R.S. 15:306, and
6 R.S. 32:378.2, which requirement shall remain in effect for a period of not less than
7 six months from the date of conviction. In addition, the . The device shall remain
8 installed and operative during any period that the offender's driver's license is
9 suspended under law and for any additional period as determined by the court.
10 (2) If the offender had a blood alcohol concentration of 0.15 percent or more
11 but less than 0.20 percent by weight based on grams of alcohol per one hundred
12 cubic centimeters of blood, at least ninety-six hours of the sentence imposed
13 pursuant to Paragraph (1) of this Subsection shall be served without the benefit of
14 parole, probation, or suspension of sentence.
15 (3)(a) If the offender had a blood alcohol concentration of 0.20 0.15 percent
16 or more by weight based on grams of alcohol per one hundred cubic centimeters of
17 blood, the offender shall be fined one thousand dollars and at least ninety-six hours
18 of the sentence imposed pursuant to Paragraph (1) of this Subsection shall be served
19 without the benefit of parole, probation, or suspension of sentence.
20 (b) In addition to any penalties imposed under this Section, upon conviction
21 of a second offense violation of R.S. 14:98, if the offender had a blood alcohol
22 concentration of 0.20 0.15 percent or more by weight based on grams of alcohol per
23 one hundred cubic centimeters of blood, the driver's license of the offender shall be
24 suspended for four years.
25 (c) The court shall require that the offender not operate a motor vehicle
26 during the period of probation unless any vehicle, while being operated by the
27 offender, is equipped with a functioning ignition interlock device in compliance with
28 the requirements of R.S. 14:98.5(C), R.S. 15:306, and R.S. 32:378.2. The ignition
29 interlock device shall remain installed and operative on his vehicle during the first
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1 three years of the entire four-year period of the suspension of his driver's license.
2 (4)(3) If the arrest for the second offense occurs within one year of the
3 commission of the first offense, at least thirty days of the sentence imposed pursuant
4 to Paragraph (1) of this Subsection shall be served without benefit of parole,
5 probation, or suspension of sentence. In addition, if the offender had a blood alcohol
6 concentration of 0.20 0.15 percent or more by weight based on grams of alcohol per
7 one hundred cubic centimeters of blood, he shall be fined one thousand dollars and
8 also be subject to the provisions of Subparagraphs (3) (2)(b) and (c) of this
9 Subsection.
10 * * *
11 D. * * *
12 (3) Except as the period of time may be increased in accordance with
13 Subparagraph (A)(3)(2)(b) and (c) of this Section, in addition to any penalties
14 imposed under this Section, the court shall order that the offender not operate a
15 motor vehicle during the period of probation unless any vehicle, while being
16 operated by the offender, is equipped with a functioning ignition interlock device in
17 compliance with the requirements of R.S. 14:98.5(C), R.S. 15:306, and R.S.
18 32:378.2, which requirement shall remain in effect for a period of not less than six
19 months the entire period from the date of conviction. In addition, the device shall
20 remain installed and operative during any period that the offender's driver's license
21 is suspended under law and for any additional period as determined by the court.
22 Section 2. R.S. 32:378.2(A) and (B)(1)(a)(ii)(aa) and (bb), 414(A)(1)(c) and
23 (D)(1)(b), the introductory paragraph of 667(A), (B)(1)(b) and (c), and (3), and (H)(3) and
24 (I)(1)(a), (b), (c), and (d), and the introductory paragraph of 668(B)(1)(a), and (i), and (c)
25 and (2) are hereby amended and reenacted, and R.S. 32:667(K) is hereby enacted to read as
26 follows:
27 §378.2. Ignition interlock devices; condition of probation for certain DWI
28 offenders; restricted license
29 A. In addition to any other provisions of law and except as otherwise
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1 provided in Subsection I of this Section, the court may require that any person who
2 is placed on probation as provided in R.S. 14:98(B) R.S. 14:98.1, and the court shall
3 require that any person who is placed on probation as provided by R.S. 14:98(C)
4 R.S. 14:98.2, not operate a motor vehicle during the period of probation unless the
5 vehicle is equipped with a functioning ignition interlock device as provided in this
6 Section.
7 B.(1) Any person who has had his driver's license suspended, revoked, or
8 canceled under any of the following conditions shall, upon proof to the Department
9 of Public Safety and Corrections that his motor vehicle has been equipped with a
10 functioning ignition interlock device as provided in this Section, be issued a
11 restricted driver's license:
12 (a) * * *
13 (ii) However, if the offender had a blood alcohol concentration of 0.20 0.15
14 percent or more by weight based on grams of alcohol per one hundred cubic
15 centimeters of blood the following restrictions shall apply:
16 (aa) Upon first offense, if the offender had a blood alcohol concentration of
17 0.20 0.15 percent or greater, he shall be issued a restricted driver's license during the
18 entire period of the two-year driver's license suspension imposed under the
19 provisions of R.S. 14:98(K)(1) R.S. 14:98.1(A)(2)(b) and shall be required to have
20 a functioning ignition interlock device installed on his vehicle during the first
21 twelve-month entire period of the suspension.
22 (bb) Upon second offense, if the offender has a blood alcohol concentration
23 of 0.20 0.15 percent or greater, he shall be eligible for a restricted driver's license for
24 the period of suspension as imposed under the provisions of R.S. 14:98(K)(2)(b) R.S.
25 14:98.2(A)(2)(b). The offender may be issued a restricted license during the entire
26 four years on his suspension and shall be required to have a functioning ignition
27 interlock device installed on his vehicle during the first three years of the entire
28 four-year suspension.
29 * * *
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1 §414. Suspension, revocation, renewal, and cancellation of licenses; judicial review
2 A.(1) * * *
3 (c) Notwithstanding the provisions of Subparagraphs (a) and (b) of this
4 Paragraph, upon first or second conviction, or a plea of guilty or nolo contendere and
5 sentence thereupon or forfeiture of bail of any person charged with the offense of
6 driving while intoxicated when the offender had a blood alcohol concentration of
7 0.20 0.15 percent or more by weight based on grams of alcohol per one hundred
8 cubic centimeters of blood, the following restrictions on suspension and issuance of
9 a restricted driver's license shall apply:
10 (i) Upon first conviction, if the offender had a blood alcohol concentration
11 of 0.20 0.15 percent or greater, his driver's license shall be suspended for two years
12 and he shall be issued a restricted driver's license for the entire period of the
13 suspension after he has provided proof to the department that his motor vehicle is
14 equipped with a functioning ignition interlock device. A functioning ignition
15 interlock device shall remain installed on his vehicle during the first twelve-month
16 entire period of the suspension of his driver's license.
17 (ii) Upon second conviction, if the offender has a blood alcohol
18 concentration of 0.20 0.15 percent or greater, his driver's license shall be suspended
19 for four years. The offender shall be eligible for a restricted license after a period of
20 forty-five days of suspension for the remainder of for the four-year period of
21 suspension after he has provided proof to the department that his motor vehicle is
22 equipped with a functioning ignition interlock device. A functioning ignition
23 interlock device shall remain installed on his vehicle during the first three-year
24 period of the entire four-year period of the suspension of his driver's license.
25 * * *
26 D.(1) * * *
27 (b) Any licensee who has had his license suspended for operating a motor
28 vehicle while under the influence of alcoholic beverages under the provisions of this
29 Subsection shall be eligible to apply for a restricted driver's license after a period of
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1 twelve months upon proof that his motor vehicle has been equipped with a
2 functioning ignition interlock device. The ignition interlock device shall remain on
3 the motor vehicle for not less than six month the entire period of suspension from
4 the date the restricted driver's license is granted. In the event that the department fails
5 or refuses to issue the restricted driver's license, the district court for the parish in
6 which the licensee resides may issue an order directing the department to issue the
7 restricted license either by ex parte order or after contradictory hearing.
8 * * *
9 §667. Seizure of license; circumstances; temporary license
10 A. When a law enforcement officer places a person under arrest for a
11 violation of R.S. 14:98 or 98.1 98.6, or a violation of a parish or municipal ordinance
12 that prohibits operating a vehicle while intoxicated, and the person either refuses to
13 submit to an approved chemical test for intoxication, or submits to the test and the
14 test results show a blood alcohol level of 0.08 percent or above by weight or, if the
15 person is under the age of twenty-one, a blood alcohol level of 0.02 percent or above
16 by weight, the following procedures shall apply:
17 * * *
18 B. * * *
19 (1) * * *
20 (b) On or after September 30, 2003, if If the person submitted to the test and
21 the test results show a blood alcohol level of 0.08 percent or above by weight, his
22 driving privileges shall be suspended for ninety one hundred eighty days from the
23 date of suspension on first offense violation, without eligibility for a hardship license
24 for the first thirty days, and for three hundred sixty-five days from the date of
25 suspension, without eligibility for a hardship license, on second and subsequent
26 violations occurring within five years of the first offense. If the person was under the
27 age of twenty-one years on the date of the test and the test results show a blood
28 alcohol level of 0.02 percent or above by weight, his driving privileges shall be
29 suspended for one hundred eighty days from the date of suspension.
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1 (c) If the person submitted to the test and the test results show a blood
2 alcohol level of 0.20 0.15 percent or above by weight, his driving privileges shall be
3 suspended for two years from the date of suspension on first offense violation and
4 for four years from the date of suspension for second offense violation.
5 * * *
6 (3)(a) However, any licensee who has had his license suspended for a first
7 or second offense of operating a motor vehicle while under the influence of alcoholic
8 beverages under the provisions of this Subsection and who either refused to submit
9 to the test or who submitted to the test and the test showed a blood alcohol level of
10 less than 0.20 0.15 percent shall, upon proof to the Department of Public Safety and
11 Corrections that his motor vehicle has been equipped with a functioning ignition
12 interlock device, be immediately eligible for and shall be granted a restricted license.
13 In the event that the department fails or refuses to issue the restricted driver's license,
14 the district court for the parish in which the licensee resides may issue an order
15 directing the department to issue the restricted license either by ex parte order or
16 after contradictory hearing.
17 (b) If the person submitted to the test as a result of a first violation and the
18 test results show a blood alcohol level of 0.20 0.15 percent or above by weight, he
19 shall be eligible for a hardship license during the entire period of the imposed
20 two-year suspension after he has provided proof that his motor vehicle has been
21 equipped with an ignition interlock device. A functioning ignition interlock device
22 shall remain installed on his motor vehicle during the first twelve-month entire
23 period of his driver's license suspension.
24 (c) If the person submitted to the test as a result of a second 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 four-year period of the
27 suspension after he has provided proof that his motor vehicle has been equipped with
28 an ignition interlock device. A functioning ignition interlock device shall remain
29 installed on his motor vehicle during the first three-years of the four-year entire
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1 period of his driver's license suspension.
2 * * *
3 H. * * *
4 (3) Paragraph (1) of this Subsection shall not apply to a person who refuses
5 to submit to an approved chemical test upon a second or subsequent arrest for R.S.
6 14:98 or 98.1 98.6, or a parish or municipal ordinance that prohibits driving a motor
7 vehicle while intoxicated. However, this Paragraph shall not apply if the second or
8 subsequent arrest occurs more than ten years after the prior arrest.
9 I.(1) * * *
10 (a) Any person who has refused to submit to an approved chemical test for
11 intoxication, after being requested to do so, for a first, second, third, or subsequent
12 arrest of R.S. 14:98 or 98.1 98.6 or a parish or municipal ordinance that prohibits
13 operating a vehicle while intoxicated and whose driver's license has been suspended
14 in accordance with law.
15 (b) Any person who has submitted to an approved chemical test for
16 intoxication where the results indicate a blood alcohol level of 0.08 percent or above
17 and whose driver's license has been suspended in accordance with the law for an
18 arrest for a violation of R.S. 14:98, 98.6, or a parish or municipal ordinance that
19 prohibits operating a vehicle while intoxicated occurring within ten years of the
20 first arrest.
21 (c) Any person who is arrested for a violation of R.S. 14:98, R.S. 14:98.1
22 98.6, or a parish or municipal ordinance that prohibits operating a vehicle while
23 intoxicated and is involved, as a driver, in a traffic crash which involves moderate
24 bodily injury or serious bodily injury as defined in R.S. 32:666(A).
25 (d) Any person who is arrested for a violation of R.S. 14:98, 98.6, or a parish
26 or municipal ordinance that prohibits operating a vehicle while intoxicated and a
27 minor child twelve years of age or younger was a passenger in the motor vehicle at
28 the time of the commission of the offense.
29 * * *
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1 K. Upon notice to the department that a driver has caused the ignition
2 interlock device to enter a violation reset or a permanent lockout, the
3 department shall extend the period the ignition interlock device is required by
4 an additional six months and further restrict the driver's license. The
5 department shall notify the driver that his driver's license will be restricted for
6 an additional six months.
7 §668. Procedure following revocation or denial of license; hearing; court review;
8 review of final order; restricted licenses
9 * * *
10 B.(1)(a) In a case of a first or second refusal or a first or second submission
11 to a test for intoxication, and when there has been no prior suspension of the driver's
12 license, if suspension is otherwise proper, upon a showing of proof satisfactory to the
13 department that an approved and functioning ignition interlock device has been
14 installed in the vehicle the person shall drive, and that the suspension of driving
15 privileges would prevent the person from earning a livelihood, the department may:
16 (i) Require the licensee to surrender his regular license, unless the license
17 was previously surrendered, and issue in its stead, at a cost to the person of fifty
18 dollars plus the cost of the license, a special restricted operator's license, designated
19 as such by a large red R printed on the face of the license, to be effective for the
20 remaining period of suspension.
21 * * *
22 (c) However, any licensee who has had his license suspended for a first or
23 second offense of operating a motor vehicle while under the influence of alcoholic
24 beverages under the provisions of this Subsection, shall, upon proof of need to the
25 Department of Public Safety and Corrections, be immediately eligible for and shall
26 be issued an ignition interlock restricted license sufficient to maintain livelihood or
27 allow the licensee to maintain the necessities of life. In the event that the department
28 fails or refuses to issue the restricted driver's license, the district court for the parish
29 in which the licensee resides may issue an order directing the department to issue the
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1 ignition interlock restricted license either by ex parte order or after contradictory
2 hearing.
3 (2) However, the department shall immediately cancel and seize the
4 restricted license upon receiving satisfactory evidence of the removal of the
5 ignition interlock device prior to the expiration of the license issued pursuant
6 to this Subsection, of violation of the restrictions, and no person shall have driving
7 privileges of any kind for a period of six months from the receipt by the department
8 of the cancelled restricted license. No violation of Paragraph (B)(2) of this Section
9 shall occur if the license is reinstated pursuant to R.S. 32:667(H)(1) and (2)
10 prior to the removal of the ignition interlock device.
11 * * *
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Sharon F. Lyles.
DIGEST
SB 214 Original 2020 Regular Session Hewitt
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 is required to have a functioning ignition interlock
device installed on his vehicle for the first 12 months of the two-year period.
Proposed law modifies present law to lower the blood alcohol concentration threshold to
0.15 percent or more by body weight and to require installation of the functioning ignition
interlock device 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 is 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 requires installation of the ignition interlock
device for the entire four-year period.
Present law provides that upon a first conviction, or a plea of guilty or no contest when 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 and shall be issued a
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restricted driver's license for the entire period after proving that he has a functioning ignition
interlock device installed on his vehicle, which device shall remain installed 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 installation of the functioning
interlock device 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 shall have his driver's license suspended for four years and shall be eligible for
a restricted driver's license after the first 45 days of the four-year suspension after proving
that he has a functioning ignition interlock device installed on his vehicle, which device shall
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 installation of the functioning ignition
interlock device for the entire four-year period.
Present law provides 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 a functioning ignition interlock device and requires that the device
remain on the motor vehicle for not less than six months from the date the restricted license
is issued.
Proposed law modifies present law to eliminate the 12 month waiting period for eligibility
for the restricted driver's license and to require the device remain on the vehicle for twelve
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 three hundred sixty-five 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 to remove the enacting date, to increase the suspension
for a first offense from 90 to 180 days, to remove the provision disallowing a person
eligibility for a hardship license, and to remove the five-year period.
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 shall be immediately eligible for a
restricted license, upon proof that his motor vehicle is equipped with a functioning ignition
interlock device.
Proposed law modifies present law by lowering the blood alcohol concentration threshold
to 0.15 percent or more by body weight.
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Present law provides that if a person submits 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 is eligible for
a hardship license during the entire period of the imposed two-year suspension after he
provides proof that his motor vehicle is equipped with a functioning ignition interlock
device, which device shall remain installed on his motor vehicle during the first
twelve-month period of his driver's license suspension.
Proposed law modifies present law to lower the blood alcohol concentration threshold to
0.15 percent or more by body weight and to require installation of the device for the entire
period of suspension.
Present law provides that if a person submits 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 is eligible
for a hardship license during the entire four-year period of the suspension after he provides
proof that his motor vehicle is equipped with a functioning ignition interlock device, which
device shall remain installed on his motor vehicle during the first three-years of the four-year
suspension.
Proposed law modifies present law to lower the blood alcohol concentration threshold to
0.15 percent or more by body weight and to require installation of the device for the entire
four-year 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 shall have a functioning ignition
interlock device installed in their motor vehicle.
Proposed law modifies present law to extend 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 ten years of the first arrest shall have a functioning 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. shall 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 fifty dollars 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 to require the provision apply to a second offense, to
remove the requirement of no prior suspension, to add that installation of a functioning
ignition interlock device is required in the vehicle the person will drive, and to require the
licensee surrender his regular license unless it has been previously surrendered.
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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. 214
SLS 20RS-234 ORIGINAL
Present law provides that in the event that the dept. fails or refuses to issue the restricted
driver's license, the district court for the parish in which the licensee resides may issue an
order directing the dept. to issue the ignition interlock restricted license either by ex parte
order or after contradictory hearing.
Proposed law retains present law.
Present law provides that the dept. must 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.
Effective August 1, 2020.
(Amends R.S. 14:98.1(A)(1)(intro para) and (d) and (2), 98.2(A)(1)(intro para) and (d), (2),
and (3), and (D)(3), R.S. 32:378.2(A) and (B)(1)(a)(ii)(aa) and (bb), 414(A)(1)(c) and
(D)(1)(b), 667(A)(intro para), (B)(1)(b), and (c), and (3), and (H)(3) and (I)(1)(a),(b), (c),
and (d), and 668(B)(1)(a)(intro para), and (i), and (c), and (2); adds R.S. 32:667(K); repeals
R.S. 14:98.1(A)(3) and 14:98.2(A)(4))
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.