RÉSUMÉ DIGEST
ACT 40 (SB 322) 2020 Regular Session Smith
Prior law provided that when a law enforcement officer requests that a person submit to a
chemical test as provided for by prior law he must first read to the person a standardized
form approved by the Dept. of Public Safety and Corrections. Prior law further provided that
the department is authorized to use such language in the form as it deems proper, provided
that the form inform the person of the following:
(1)His constitutional rights under Miranda v. Arizona.
(2)That his driving privileges can be suspended for refusing to submit to the chemical
test.
(3)That his driving privileges can be suspended if he submits to the chemical test and
such test results show a blood alcohol level of 0.08 % or above or, if he is under the
age of 21 years, a blood alcohol level of 0.02 % or above.
(4)That his driving privileges can be suspended if he submits to the chemical test and
the test result shows a positive reading indicating the presence of any controlled
dangerous substance listed in present law (Schedules I - V of the Uniform Controlled
Dangerous Substances Law).
(5)The name and employing agency of all law enforcement officers involved in the stop,
detention, investigation, or arrest of the person.
(6)That refusal to submit to a chemical test after an arrest for an offense of driving while
intoxicated if he has refused to submit to such test on two previous occasions of any
such violation is a crime under prior law and the penalties for such crime are the
same as the penalties for first conviction of driving while intoxicated.
New law retains prior law and adds that the department may exclude the warning listed in
Item (4), above, until such time as the legislature enacts a suspension for test results showing
a positive reading indicating the presence of any controlled dangerous substance listed in
prior law.
Prior law provided that when a law enforcement officer places a person under arrest for
operating while intoxicated or similar parish or municipal ordinance, and the person either
refuses to submit to an approved chemical test or submits to the test and the test results show
a blood alcohol level of 0.08% or above by weight or, if the person is under the age of 21
years, a blood alcohol level of 0.02% or above by weight, the officer is to seize the driver's
license of the person under arrest and issue in its place a temporary receipt of license. Prior
law further provided that this temporary receipt serves as notice to the person that he has 30
days from the date of arrest to make written request to the department for an administrative
hearing.
New law retains prior law and adds that the notice issued to the person must include the
name and employing agency of all law enforcement officers actively participating or
involved in the traffic stop, detention, investigation, or arrest of the person.
Prior law provided that in addition to any other penalty, an ignition interlock device is to be
installed in any motor vehicle operated by a person whose driver's license has been
suspended for failure to submit to a chemical test for intoxication as provided for in prior
law. Prior law further provided that when the driver's license is suspended for failure to
submit to a chemical test, the ignition interlock device must remain on the motor vehicle for
the same period as the suspension, with credit for time when the interlock device was
installed and functioning as part of a restricted driver's license.
New law retains prior law and adds that the person is entitled to credit for time when the
ignition interlock device is monitored in accordance with prior law that provides that the
person is entitled to credit when either the installation and monitoring of the ignition
interlock device is reported to the department by the manufacturer of the device pursuant to
prior law, or when the person whose driving privilege is restricted appears at an office of motor vehicles field office and is issued a renewed or duplicate driver's license that contains
a restriction code indicating that any vehicle operated by the individual must be equipped
with an ignition interlock device.
Prior law provided that when a law enforcement officer places a person under arrest for the
crime of vehicular homicide, the officer is to seize the driver's license of a person under
arrest and issue in its place a temporary receipt of license on a form approved by the
department.
New law retains prior law and adds that prior law applied when a certificate of arrest has not
already been submitted to the office of motor vehicles pursuant to prior law for a submission
or for a refusal to submit to a chemical test for intoxication.
Prior law provided that when a nonresident driver refuses to take an approved chemical test
as provided for in prior law, the arresting officer or agency is to notify the department, which
will give information, in writing, to the motor vehicle administrator of the state of the
person's residence and of any state in which he has a license.
New law makes prior law applicable when the nonresident driver submits to the chemical test
as well as when the nonresident driver refuses to take the test. New law otherwise retains
prior law.
New law makes technical changes to take into account recent changes to prior law relative
to operating while intoxicated.
Effective upon signature of the governor (June 4, 2020).
(Amends R.S. 14:98.7(A) and R.S. 32:661(C)(1)(d) and (e), 666(A)(1)(a)(i) and (3),
667(A)(intro para), (C), (H)(3), and (I)(1)(a), (c), and (d) and (2), 667.1(A)(intro para), and
669(A); adds R.S. 32:661(D); repeals R.S. 32:661(C)(1)(f))