HLS 21RS-519 REENGROSSED
2021 Regular Session
HOUSE BILL NO. 633
BY REPRESENTATIVE WRIGHT
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
MOTOR VEHICLES: Provides relative to ignition interlock devices and maintenance
services
1 AN ACT
2To amend and reenact R.S. 14:98.2(A)(2) and (3)(b), R.S. 15:307(section heading), (A), (C),
3 (D), and (E), R.S. 32:378.2(A), (B)(1)(a)(ii), (aa), (bb), (M)(2), and (N),
4 414(A)(1)(c)(introductory paragraph) and (ii), and (D)(1)(b), 667(B)(1)(b) and
5 (c),(3)(a) and (c), and (I)(1)(a) and (b), and 668(B)(1)(a)(introductory paragraph) and
6 (i), and (2), and to enact R.S. 15:307(B)(3), (F), (G), and (H), 307.1, 307.2, and R.S.
7 32:667(B)(3)(d) and (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. 14:98.2(A)(2) and (3)(b) are hereby amended and reenacted to read
18as follows:
Page 1 of 28
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-519 REENGROSSED
HB NO. 633
1 §98.2. Operating while intoxicated; second offense; penalties
2 A.
3 * * *
4 (2)(a) If the offender had a blood alcohol concentration of 0.15 percent or
5 more but less than 0.20 percent by weight based on grams of alcohol per one hundred
6 cubic centimeters of blood, at least ninety-six hours of the sentence imposed
7 pursuant to Paragraph (1) of this Subsection shall be served without the benefit of
8 parole, probation, or suspension of sentence.
9 (b) In addition to any penalties imposed under this Section, upon conviction
10 of a second offense violation of R.S. 14:98, if the offender had a blood alcohol
11 concentration of 0.15 percent or more by weight based on grams of alcohol per one
12 hundred cubic centimeters of blood, the driver's license of the offender shall be
13 suspended for four years.
14 (3)
15 * * *
16 (b) In addition to any penalties imposed under this Section, upon conviction
17 of a second offense violation of R.S. 14:98, if the offender had a blood alcohol
18 concentration of 0.20 0.15 percent or more by weight based on grams of alcohol per
19 one hundred cubic centimeters of blood, the driver's license of the offender shall be
20 suspended for four years.
21 * * *
22 Section 2. R.S. 15:307(section heading), (A), (C), (D), and (E) are hereby amended
23and reenacted and R.S. 15:307(B)(3), (F), (G), and (H), 307.1, and 307.2 are hereby enacted
24to read as follows:
25 §307. Ignition interlock devices; installation, calibration, and certification
26 A. As used in R.S. 15:306, "ignition interlock device" means a constant
27 monitoring device that prevents a motor vehicle from being started operated at any
28 time without first determining the equivalent blood alcohol level of the operator
29 through the taking of a breath sample for testing. The system shall be calibrated so
Page 2 of 28
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-519 REENGROSSED
HB NO. 633
1 that the motor vehicle may not be started if the blood alcohol level of the operator,
2 as measured by the test, reaches a level established by the court and consistent with
3 the rules promulgated by the secretary of the Department of Public Safety and
4 Corrections, hereafter referred to as the "secretary".
5 B.
6 * * *
7 (3)(a) An ignition interlock device shall be calibrated for accuracy by using
8 a dry gas alcohol standard with an alcohol reference value between .020 and .050
9 g/210L.
10 (b) The calibration process shall consist of the following procedures:
11 (i) Prior to introducing a reference sample into a device, a three-second
12 purge must be expelled from the dry gas standard if using greater than six inches of
13 open tubing.
14 (ii)(aa) For an "as found" check to introduce the sample into the device
15 without an adjustment for accuracy, the test must be conducted prior to any
16 adjustment for accuracy and the results must be recorded on the data logger.
17 (bb) The accuracy check shall consist of reference checks with the result of
18 each individual check being within plus or minus 0.005 g/210L of the reference
19 value introduced into the ignition interlock device.
20 (iii) Any ignition interlock device that does not pass calibration after
21 adjustment shall be removed from service, and the serial number of the device kept
22 on record for three years. An ignition interlock device removed from service for
23 failing calibration shall be placed back in service by the device's manufacturer only
24 if it meets the standards as provided for in this Chapter. All repairs shall be
25 documented and kept in the record for three years.
26 C. The secretary shall formulate and promulgate a set of rules and
27 regulations for the proper approval, installation, and use of ignition interlock device
28 devices in full compliance with this Section and R.S. 15:306. The standards shall
29 include but not be limited to requirements that the devices or systems:
Page 3 of 28
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-519 REENGROSSED
HB NO. 633
1 (1) Do not impede the safe operation of the vehicle.
2 (2) Correlate with established measures of alcohol impairment.
3 (3) Work accurately and reliably in an unsupervised environment.
4 (4) Resist tampering and give evidence if tampering is attempted.
5 (5) Are difficult to circumvent.
6 (6) Minimize inconvenience to a sober user.
7 (7) Require a proper, deep lung breath sample or other accurate measure of
8 blood alcohol content equivalence.
9 (8) Operate reliably over the range of automobile environments.
10 (9) (1) Are manufactured by a party business entity who that will provide
11 product liability insurance and a bond against malfunction of the device.
12 (2) Are installed in such a manner that it shall not interfere with the normal
13 operation of the vehicle after it is started.
14 (3) Protect against compromise or circumvention and preserve evidence of
15 such activity.
16 (4) Are resistant to tampering.
17 (5) Have the ability to work reliably and accurately in an unsupervised
18 environment.
19 (6) Are designed to permit a restart within three minutes of a stall or when
20 the ignition has been turned off.
21 (7) Measure a person's breath-alcohol concentration by the delivery of a deep
22 lung sample directly into the device.
23 (8) Prevent operation of the vehicle if the breath-alcohol concentration of the
24 sample introduced into the device exceeds 0.02g of alcohol per 210L of breath.
25 (9) Ensure the automatic and complete purge of residual alcohol before
26 allowing subsequent tests.
27 (10) Allow a minimum of 1200ml or 1.2L of breath for an acceptable breath
28 sample.
29 (11) Require a random retest as follows:
Page 4 of 28
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-519 REENGROSSED
HB NO. 633
1 (a) The first retest shall be required at a random variable interval within ten
2 minutes of starting the vehicle's engine. Subsequent retests shall be required at a
3 random variable interval ranging from ten to forty-five minutes from the previously
4 requested test for the duration of the travel.
5 (b) The device shall allow five minutes for the retest to be completed during
6 which the device will allow unlimited breath tests when a retest is in progress.
7 (c) The retest set point value shall be the same as the alcohol set point.
8 (d) A distinct audible or visual indicator shall come on to alert the driver that
9 a retest is in progress. Once a retest is in progress, failure to deliver a breath sample
10 below the alcohol set point within the time frame allowed shall:
11 (i) Activate the vehicle's horn to sound repeatedly, or activate a unique
12 audible or visual indicator inside the passenger compartment of the vehicle until the
13 engine is shut down.
14 (ii) Record a retest violation in the data storage system.
15 (iii) Disable the restart.
16 (e) If a circumvention is recorded, the random retest shall function as
17 prescribed in this Paragraph for the duration of travel.
18 (12) Include a supply of two disposable mouth pieces upon installation,
19 designed to minimize the introduction of saliva into an ignition interlock device.
20 (13) Have all primary components, as identified by the Department of Public
21 Safety and Corrections, office of state police, applied technology unit, with a unique
22 serial number, which includes but is not limited to the storage device, handset, and
23 camera.
24 (14) Enter a permanent lockout if the ignition interlock device has not been
25 calibrated and serviced within a period of thirty-five days subsequent to its
26 installation or last calibration or inspection, whichever occurs first.
27 (15) Uniquely identify and record the following:
28 (a) Each time the vehicle has a start attempt or is actually started.
29 (b) The results of all tests and retests violations.
Page 5 of 28
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-519 REENGROSSED
HB NO. 633
1 (c) The length of time the vehicle was operated.
2 (d) Any indication of circumvention or tampering with the ignition interlock
3 device or tests.
4 (16) On or before January 1, 2022, the secretary shall require a restricted
5 operator to wait five minutes before attempting to start the vehicle a second or third
6 time, and thirty minutes prior to any subsequent attempts to start the vehicle after the
7 initial start failure occurs.
8 (17) Visibly indicate to the user or any qualified person that:
9 (a) The unit is on.
10 (b) The unit is in need of service or calibration.
11 (c) Passage or failure of the breath alcohol content threshold on the breath
12 sample introduced.
13 (d) The unit may augment visible signals or indications with audible ones or
14 any other indication required by the department.
15 (18) Enter into violation reset if any of the following occurs:
16 (a) The restricted operator fails to have the ignition interlock device serviced
17 within the time period provided for in this Section.
18 (b) Any circumvention is recorded by the device.
19 (c) The device has recorded any of the following, or any combination of the
20 following, four or more times in a thirty-day period:
21 (i) A random retest fail or skip.
22 (ii) An initial start failure prior to starting the vehicle unless a second breath
23 test below the alcohol set point is recorded within ten minutes of the initial start
24 failure.
25 (19) Enter into a permanent lockout within five days unless the device is
26 serviced at a mobile or fixed site service center by an ignition interlock technician
27 or calibration technician where it will be calibrated and downloaded if a violation
28 reset occurs.
Page 6 of 28
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-519 REENGROSSED
HB NO. 633
1 (20) Incorporate a camera as prescribed in this Section. The camera shall not
2 distract or impede the driver in any manner from the safe and legal operation of the
3 vehicle and shall:
4 (a) Encode a digital or photographic image of the vehicle driver including
5 the time, date, and breath alcohol content level of all breath attempts. All images
6 and data shall be stored in the device's memory for a thirty day period to be
7 downloaded and stored by the manufacturer for three years.
8 (b) Capture a digital image or photograph of the driver during the following
9 circumstances:
10 (i) At the time a sample is introduced to start the vehicle.
11 (ii) Upon introducing a random retest sample.
12 (iii) When a violation reset condition is initiated.
13 (iv) Randomly at the discretion of the manufacturer.
14 (c) Produce a digital image, identifiable verification, or a photograph of the
15 restricted driver in all lighting conditions including extreme brightness, darkness,
16 and low light conditions.
17 D. The camera shall be required as follows:
18 (1) Any new ignition interlock device installation beginning January 1, 2022.
19 (2) All ignition interlock devices by March 31, 2022.
20 E.(1) The manufacturer, vendor, ignition interlock technician, or calibration
21 technician shall notify the originating court of such violation reset conditions, if any,
22 within five days of servicing the ignition interlock device. The manufacturer,
23 vendor, ignition interlock technician, or calibration technician shall provide
24 notification to the Department of Public Safety and Corrections, office of motor
25 vehicles, and the Department of Public Safety and Corrections, office of state police,
26 applied technology unit in an acceptable electronic format should the office of motor
27 vehicles or the office of state police, applied technology unit promulgate rules
28 requiring such notification of a violation reset condition.
Page 7 of 28
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-519 REENGROSSED
HB NO. 633
1 (2) In addition to any other information required by the office of motor
2 vehicles, the office of state police, applied technology unit, or the originating court,
3 all reports concerning a particular ignition interlock device shall include all of the
4 following:
5 (a) The full name, address, and driver's license number of the restricted
6 operator and lessee.
7 (b) The registration number of the motor vehicle in which the ignition
8 interlock device was installed.
9 (c) The unique serial number of the ignition interlock device.
10 (d) The toll-free telephone number of a representative who can explain the
11 report from an ignition interlock device.
12 D. F. The secretary may adopt in whole or relevant part the guidelines, rules,
13 regulations, studies, or independent laboratory tests performed or relied upon by
14 other states, their agencies or commissions.
15 E. G. The secretary shall design and adopt by regulation a warning label
16 which shall be affixed to each ignition interlock device upon installation. The label
17 shall contain a warning that any person tampering with, defeating, or otherwise
18 circumventing the device is guilty of a criminal offense and subject to criminal
19 penalty and civil liability.
20 H. The deputy secretary is hereby authorized to set and collect fees, in
21 accordance with this Subsection, applicable to the certification, renewal or
22 recertification of ignition interlock devices, service centers, and technicians
23 beginning September 1, 2021, unless otherwise specified in this Section.
24 (1) All fees described in this Section are nonrefundable and shall be remitted
25 by the manufacturer, vendor, or service center to the office of state police, applied
26 technology unit on or before the twenty-fifth day of each month.
27 (2) Fees established by the department shall be based on a calendar year and
28 shall not exceed the following for each designated fee:
29 (a) One thousand dollars for an initial device certification.
Page 8 of 28
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-519 REENGROSSED
HB NO. 633
1 (b) Five hundred dollars for an annual device certification renewal.
2 (c) Two hundred fifty dollars for an initial service center certification, when
3 certified between January first and June thirtieth.
4 (d) One hundred twenty-five dollars for an initial service center certification,
5 when certified between July first and December thirty-first.
6 (e) Seventy-five dollars for annual service center certification renewal.
7 (f) Fifty dollars for an initial ignition interlock technician certification.
8 (g) Twenty-five dollars for an annual ignition interlock technician
9 certification renewal.
10 (h) Twenty-five dollars for an initial calibration technician certification.
11 (i) Ten dollars for an annual calibration technician certification renewal.
12 (j) Ten dollars for an installation verification form.
13 (k) Five dollars for a thirty-day calibration.
14 (3) When the office of state police has performed a certification or renewal
15 of certification, or received an installation verification fee or thirty-day calibration
16 fee for which special costs are assessed in accordance with this Section, such costs
17 shall be forwarded, on or before the twenty-fifth day of each month following their
18 collection, to the state treasurer for immediate deposit in the state treasury.
19 (4)(a) After compliance with the requirements of Article VII, Section 9(B)
20 of the Constitution of Louisiana relative to the Bond Security and Redemption Fund
21 and prior to monies being placed in the state general fund, the treasurer shall credit
22 an amount equal to the total amount of such costs received to a special fund which
23 is hereby created in the state treasury and designated as the Public Safety Ignition
24 Interlock Regulation Fund. The monies in the fund shall be used solely to fund
25 activities of the office of state police, applied technology unit in executing its
26 responsibilities in the regulation of ignition interlock devices, service centers, and
27 technicians, including the following:
28 (i) The purchase and maintenance of equipment and supplies.
Page 9 of 28
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-519 REENGROSSED
HB NO. 633
1 (ii) Salaries and the cost to equip personnel responsible for certifying,
2 inspecting, investigating, or otherwise regulating ignition interlock manufacturers,
3 service centers, or technicians.
4 (iii) Training in the maintenance and usage of testing equipment.
5 (iv) Establishing and maintaining certification tests as required.
6 (v) Other such related expenses as may be necessary in the efficient and
7 effective administration of those duties.
8 (b) The monies in the fund shall be used only in the amounts appropriated
9 by the legislature. All unexpended and unencumbered monies in the fund at the end
10 of the fiscal year shall remain in the fund. The monies in the fund shall be invested
11 by the state treasurer in the same manner as monies in the state general fund. All
12 interest earned on monies in the fund invested by the state treasurer shall be credited
13 to the Public Safety Ignition Interlock Regulation Fund.
14 §307.1. Ignition interlock devices; standards; compliance
15 A. The Department of Public Safety and Corrections, office of state police,
16 by rule shall:
17 (1) Provide standards for the certification, installation, repair, maintenance,
18 monitoring, inspection, and removal of ignition interlock devices, as provided in R.S.
19 15:307 and LAC 55:I.601 et seq., and equipment as provided in this Section.
20 (2) Inspect the records and equipment of manufacturers and vendors during
21 regular business hours for compliance with related statutory provisions and rules and
22 regulations.
23 (3) Suspend or revoke certification for any noncompliance.
24 B.(1) When an ignition interlock technician is found to be out of compliance,
25 the installation privileges of that ignition interlock technician may be suspended or
26 revoked until the ignition interlock technician comes into compliance. During any
27 suspension or revocation period, the manufacturer or vendor is responsible for
28 notifying affected customers of any changes in their service agreement.
Page 10 of 28
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-519 REENGROSSED
HB NO. 633
1 (2) An ignition interlock technician, whose certification is suspended or
2 revoked for noncompliance, has a right to an administrative hearing under R.S.
3 49:950 et seq., to contest the suspension or revocation, or both. For the
4 administrative hearing, the procedure and rules of evidence shall be as provided for
5 in R.S. 49:950 et seq., except as otherwise provided in this Chapter. Any request for
6 an administrative hearing shall be made in writing and received by the Department
7 of Public Safety and Corrections, office of state police, within twenty days after the
8 receipt of the notice of suspension or revocation.
9 C.(1) An ignition interlock device shall employ:
10 (a) Fuel cell technology which is specific for alcohols.
11 (b) Other alcohol-specific technology approved by the Department of Public
12 Safety and Corrections, office of state police, applied technology unit, which meets
13 the National Highway Traffic Safety Administration’s model specifications for
14 breath alcohol ignition interlock devices as published in the Federal Register,
15 Volume 78, Number 89, including any amendments thereto.
16 (c) Technology capable of taking a photograph identifying the user providing
17 the breath sample and recording the time the breath sample was provided.
18 (d) Technology capable of providing the global positioning coordinates at
19 the time of each rolling retest refusal or circumvention when required by the
20 originating court, the Department of Public Safety and Corrections, office of motor
21 vehicles, or the Department of Public Safety and Corrections, office of state police,
22 applied technology unit. The coordinates for events that result in a violation reset
23 as defined in R.S. 15:307 shall be displayed within the data log that is downloaded
24 by the manufacturer and shall be made available to the office of state police, applied
25 technology unit, to be used for circumvention and tampering investigations.
26 (2) To be certified, an ignition interlock device shall:
27 (a) Meet or exceed the minimum test standards according to rules adopted
28 by the office of state police, applied technology unit. Only a notarized statement
29 from a laboratory that is accredited and certified under the current edition of the
Page 11 of 28
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-519 REENGROSSED
HB NO. 633
1 International Organization of Standardization 17025 standard for testing and
2 calibration laboratories and is capable of performing the specified tests shall be
3 accepted as proof of meeting or exceeding the standards set forth in the model for
4 specifications for breath alcohol ignition interlock devices as published by the
5 National Highway Traffic Safety Administration in the federal register. The
6 notarized statement shall include the name and signature of the person in charge of
7 the tests under the certification statement. The Department of Public Safety and
8 Corrections, office of state police, applied technology unit, shall adopt, by rule, the
9 required language of the certification statement that shall, at a minimum, outline that
10 the testing meets or exceeds all specifications listed in the federal register adopted,
11 by rule, by the Department of Public Safety and Corrections, office of state police,
12 applied technology unit.
13 (b) Be maintained in accordance with the rules and standards adopted by the
14 office of state police.
15 §307.2. Ignition interlock affordability; standards; compliance
16 A. The Department of Public Safety and Corrections, office of state police,
17 by rule, shall provide standards and monitor compliance of an ignition interlock
18 affordability plan for individuals required to install an ignition interlock device that
19 demonstrate economic hardship.
20 B. Economic hardship shall apply to an individual required to have the
21 ignition interlock device being eligible for the Supplemental Nutrition Assistance
22 Program (SNAP), Medicaid, social security disability insurance (SSDI) or
23 supplemental security income (SSI) administered by the social security
24 administration, or services of an indigent public defender.
25 C. Individuals that meet the economic hardship standard shall be required
26 to pay no more than fifty-percent of fees assessed by the ignition interlock service
27 center for installation, monthly calibration, lease, and removal of the device.
28 D. Individuals that meet the economic hardship standard are responsible for
29 any optional services an individual elects, fees related to any violation reset or
Page 12 of 28
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-519 REENGROSSED
HB NO. 633
1 permanent lockout as defined in R.S. 15:307, state-mandated fees, and any costs
2 related to damaged, missing or unreturned equipment, and recovery of such
3 equipment.
4 E. Individuals become eligible for the affordability plan on the date that the
5 individual provides the ignition interlock manufacturer, or ignition interlock service
6 center, acceptable documentation verifying that the individual meets the standard for
7 economic hardship. Continued eligibility may be verified at the discretion of the
8 ignition interlock manufacturer or ignition interlock service center. Acceptable
9 forms of documentation shall include an eligibility card or qualifying letter for the
10 SNAP, Medicaid, SSDI or SSI administered by the social security administration,
11 or services of an indigent public defender. If the documentation does not name the
12 individual required to install the ignition interlock device specifically, the individual
13 shall be required to sign a notarized affidavit provided by the Department of Public
14 Safety and Corrections attesting to his eligibility for SNAP, Medicaid, SSDI, or SSI
15 on a state-approved form.
16 F. An ignition interlock manufacturer or ignition interlock service center
17 shall not refuse service to an individual that has demonstrated eligibility for the
18 affordability plan in accordance with this Section.
19 G. An individual who feels that he has been refused service, after providing
20 the documentation required in this Section, to an ignition interlock manufacturer or
21 ignition interlock service center, may file a complaint with the Department of Public
22 Safety and Corrections, office of state police, applied technology unit. All
23 complaints for refusal of service shall be investigated by the office of state police,
24 applied technology unit, within thirty days of receipt of the complaint.
25 H. If the investigation substantiates the refusal of service, the Department
26 of Public Safety and Corrections, office of state police, applied technology unit, may
27 issue a warning, suspension, or revocation of the certification for the ignition
28 interlock manufacturer or the ignition interlock service center based on the facts of
29 the investigation and the history of such complaints related to the manufacturer or
Page 13 of 28
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-519 REENGROSSED
HB NO. 633
1 service center. An ignition interlock manufacturer or ignition interlock service
2 center may appeal any suspension or revocation pursuant to this Section in
3 accordance with R.S. 15:307.1(B)(2).
4 Section 3. R.S. 32:378.2(A), (B)(1)(a)(ii), (aa), (bb), (M)(2), and
5(N),414(A)(1)(c)(introductory paragraph) and (ii), and (D)(1)(b), 667(B)(1)(b) and (c), (3)(a)
6and (c), and (I)(1)(a) and (b), and 668(B)(1)(a)(introductory paragraph) and (i) and (2) are
7hereby amended and reenacted and R.S. 32:667(B)(3)(d) and (K) are hereby enacted to read
8as follows:
9 §378.2. Ignition interlock devices; condition of probation for certain DWI
10 offenders; restricted license
11 A. In addition to any other provisions of law and except as otherwise
12 provided in Subsection I of this Section, the court may require that any person who
13 is placed on probation as provided in R.S. 14:98(B) R.S. 14:98.1, and the court shall
14 require that any person who is placed on probation as provided by R.S. 14:98(C) R.S.
15 14:98.2 not operate a motor vehicle during the period of probation unless the vehicle
16 is equipped with a functioning ignition interlock device as provided in this Section.
17 B.(1) Any person who has had his driver's license suspended, revoked, or
18 canceled under any of the following conditions shall, upon proof to the Department
19 of Public Safety and Corrections that his motor vehicle has been equipped with a
20 functioning ignition interlock device as provided in this Section, be issued a
21 restricted driver's license:
22 (a)
23 * * *
24 (ii) However, if the offender had a blood alcohol concentration of 0.20 0.15
25 percent or more by weight based on grams of alcohol per one hundred cubic
26 centimeters of blood the following restrictions shall apply:
27 (aa) Upon first offense, if the offender had a blood alcohol concentration of
28 0.20 percent or greater, he shall be issued a restricted driver's license during the
29 entire period of the two-year driver's license suspension imposed under pursuant to
Page 14 of 28
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-519 REENGROSSED
HB NO. 633
1 the provisions of R.S. 14:98(K)(1) R.S. 14:98.1(A)(3)(b) and shall be required to
2 have a functioning ignition interlock device installed on his vehicle during the first
3 twelve-month period of the suspension.
4 (bb) Upon second offense, if the offender has a blood alcohol concentration
5 of 0.20 0.15 percent or greater, he shall be eligible for a restricted driver's license for
6 the period of suspension as imposed under the provisions of R.S. 14:98(K)(2)(b) R.S.
7 14:98.2(A)(3)(b). The offender may be issued a restricted license during the entire
8 four years on his suspension and shall be required to have a functioning ignition
9 interlock device installed on his vehicle during the first three years of the four-year
10 suspension.
11 * * *
12 M.
13 * * *
14 (2) No credit towards suspension time or any reinstatement requirement shall
15 be given if the manufacturer reports to the Department of Public Safety and
16 Corrections that any combination of two of the following violations have occurred
17 in a one-month period, including any repeat violation of the same type once during
18 the period of installation:
19 (a) Tampering with the device. The restricted operator fails to have the
20 ignition interlock device serviced within the time period provided for in this Section.
21 (b) Circumventing the device. The device has recorded any of the following,
22 or any combination of the following, four or more times in a thirty-day period:
23 (c) Failure to bring the ignition interlock device in for required service.
24 (d) Failure to take or pass a re-test.
25 (e) Failure to pass a breath test.
26 (f) Use of the emergency override feature without justification.
27 (g) Unauthorized removal of the device.
28 (i) A random retest fail or skip.
Page 15 of 28
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-519 REENGROSSED
HB NO. 633
1 (ii) An initial start failure prior to starting the vehicle unless a second breath
2 test below the alcohol set point is recorded within ten minutes of the initial start
3 failure.
4 * * *
5 N. As used in this Section, "ignition interlock device" means a constant
6 monitoring device that prevents a motor vehicle from being started operated at any
7 time without first determining the equivalent blood alcohol level of the operator
8 through the taking of a breath sample for testing. The system shall be calibrated so
9 that the motor vehicle may not be started if the blood alcohol level of the operator,
10 as measured by the test, reaches a level established by the court, consistent with the
11 rules promulgated by the Department of Public Safety and Corrections.
12 * * *
13 §414. Suspension, revocation, renewal, and cancellation of licenses; judicial review
14 A.(1)
15 * * *
16 (c) Notwithstanding the provisions of Subparagraphs (a) and (b) of this
17 Paragraph, upon first or second conviction, or a plea of guilty or nolo contendere and
18 sentence thereupon or forfeiture of bail of any person charged with the offense of
19 driving while intoxicated when the offender had a blood alcohol concentration of
20 0.20 0.15 percent or more but less than 0.20 percent by weight based on grams of
21 alcohol per one hundred cubic centimeters of blood, the following restrictions on
22 suspension and issuance of a restricted driver's license shall apply:
23 * * *
24 (ii) Upon second conviction, if the offender has a blood alcohol
25 concentration of 0.20 0.15 percent or greater, his driver's license shall be suspended
26 for four years. The offender shall be eligible for a restricted license after a period of
27 forty-five days of suspension for the remainder of for the four-year period of
28 suspension after he has provided proof to the department that his motor vehicle is
29 equipped with a functioning ignition interlock device. A functioning ignition
Page 16 of 28
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-519 REENGROSSED
HB NO. 633
1 interlock device shall remain installed on his vehicle during the first three-year
2 period of the entire four-year period of the suspension of his driver's license.
3 * * *
4 D.(1)
5 * * *
6 (b) Any licensee who has had his license suspended for operating a motor
7 vehicle while under the influence of alcoholic beverages under the provisions of this
8 Subsection shall be eligible to apply for a restricted driver's license after a period of
9 twelve months upon proof that his motor vehicle has been equipped with a
10 functioning ignition interlock device. The ignition interlock device shall remain on
11 the motor vehicle for not less than six months from the date the restricted driver's
12 license is granted. In the event that the department fails or refuses to issue the
13 restricted driver's license, the district court for the parish in which the licensee
14 resides may issue an order directing the department to issue the restricted license
15 either by ex parte order or after contradictory hearing.
16 * * *
17 §667. Seizure of license; circumstances; temporary license
18 * * *
19 B.
20 * * *
21 (1)
22 * * *
23 (b) On or after September 30, 2003, if If the person submitted to the test and
24 the test results show a blood alcohol level of 0.08 percent or above by weight, his
25 driving privileges shall be suspended for ninety days from the date of suspension on
26 first offense violation, without eligibility for a hardship license for the first thirty
27 days, and for three hundred sixty-five days from the date of suspension, without
28 eligibility for a hardship license, on second and subsequent violations occurring
29 within five years of the first offense. If the person was under the age of twenty-one
Page 17 of 28
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-519 REENGROSSED
HB NO. 633
1 years on the date of the test and the test results show a blood alcohol level of 0.02
2 percent or above by weight, his driving privileges shall be suspended for one
3 hundred eighty days from the date of suspension.
4 (c) If the person submitted to the test and the test results show a blood
5 alcohol level of 0.20 0.15 percent or above but less than 0.20 percent by weight, his
6 driving privileges shall be suspended for two years from the date of suspension on
7 first offense violation and for four years from the date of suspension for second
8 offense violation.
9 * * *
10 (3)(a) However, any licensee who has had his license suspended for a first
11 or second offense of operating a motor vehicle while under the influence of alcoholic
12 beverages under the provisions of this Subsection and who either refused to submit
13 to the test or who submitted to the test and the test showed a blood alcohol level of
14 less than 0.20 0.15 percent but less than 0.20 percent shall, upon proof to the
15 Department of Public Safety and Corrections that his motor vehicle has been
16 equipped with a functioning ignition interlock device, be immediately eligible for
17 and shall be granted a restricted license. In the event that the department fails or
18 refuses to issue the restricted driver's license, the district court for the parish in which
19 the licensee resides may issue an order directing the department to issue the
20 restricted license either by ex parte order or after contradictory hearing.
21 * * *
22 (c) If the person submitted to the test as a result of a second violation and the
23 test results show a blood alcohol level of 0.20 0.15 percent or above by weight, he
24 shall be eligible for a hardship license during the entire four-year period of the
25 suspension after he has provided proof that his motor vehicle has been equipped with
26 an ignition interlock device. A functioning ignition interlock device shall remain
27 installed on his motor vehicle during the first three-years of the four-year entire
28 period of his driver's license suspension.
Page 18 of 28
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-519 REENGROSSED
HB NO. 633
1 (d) If the person refused the test as a result of a first violation, he shall be
2 eligible for a hardship license during the entire period of the imposed one-year
3 suspension after he has provided proof that his motor vehicle has been equipped with
4 an ignition interlock device. A functioning ignition interlock device shall remain
5 installed on his motor vehicle during the entire period of his driver's license
6 suspension. A person subject to this Subparagraph may have the ignition interlock
7 device removed two hundred and seventy days after installation if there have been
8 no violation resets or permanent lockouts pursuant to R.S. 15:307(C).
9 * * *
10 I.(1) In addition to any other provision of law, an ignition interlock device
11 shall be installed in any motor vehicle operated by any of the following persons
12 whose driver's license has been suspended in connection with the following
13 circumstances as a condition of the reinstatement of such person's driver's license:
14 (a) Any person who has refused to submit to an approved chemical test for
15 intoxication, after being requested to do so, for a second, third, or subsequent arrest
16 for a violation of R.S. 14:98 or 98.6 or a parish or municipal ordinance that prohibits
17 operating a vehicle while intoxicated and whose driver's license has been suspended
18 in accordance with law.
19 (b) Any person who has submitted to an approved chemical test for
20 intoxication where the results indicate a blood alcohol level of 0.08 percent or above
21 and whose driver's license has been suspended in accordance with the law for an
22 arrest for a violation of R.S. 14:98 or 98.6, or a parish or municipal ordinance that
23 prohibits operating a vehicle while intoxicated occurring within ten years of the first
24 arrest.
25 * * *
26 K. Upon notice to the department that a driver has caused the ignition
27 interlock device to enter a violation reset or a permanent lockout, as defined in R.S.
28 15:307, the department shall extend the period the ignition interlock device is
29 required by an additional six months and further restrict the driver's license. The
Page 19 of 28
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-519 REENGROSSED
HB NO. 633
1 department shall notify the driver that his driver's license will be restricted for an
2 additional six months.
3 * * *
4 §668. Procedure following revocation or denial of license; hearing; court review;
5 review of final order; restricted licenses
6 * * *
7 B.(1)(a) In a case of a first refusal or a first submission to a test for
8 intoxication and when there has been no prior suspension of the driver's license, if
9 suspension is otherwise proper, upon a showing of proof satisfactory to the
10 department that the suspension of driving privileges would prevent the person from
11 earning a livelihood, the department may:
12 (i) Require the licensee to surrender his regular license, unless the license
13 was previously surrendered, and issue in its stead, at a cost to the person of fifty
14 dollars plus the cost of the license, a special restricted operator's license, designated
15 as such by a large red R printed on the face of the license, to be effective for the
16 remaining period of suspension.
17 * * *
18 (2) However, the The department shall immediately cancel and seize the
19 restricted license upon receiving satisfactory evidence of the removal of the ignition
20 interlock device prior to the expiration of the license issued pursuant to this
21 Paragraph or of violation of the restrictions, and no person shall have driving
22 privileges of any kind for a period of six months from the receipt by the department
23 of the cancelled restricted license. No violation of this Section shall occur if the
24 license is reinstated pursuant to R.S. 32:667(H)(1) and (2) prior to the removal of the
25 ignition interlock device.
26 * * *
Page 20 of 28
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-519 REENGROSSED
HB NO. 633
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 633 Reengrossed 2021 Regular Session Wright
Abstract: Provides relative to ignition interlock devices and maintenance services.
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 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 retains present law and modifies the definition by changing the purpose of the
device from preventing the vehicle from being started to preventing the vehicle from being
operated.
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.
Proposed law removes the present law requirements and instead mandates 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
Page 21 of 28
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-519 REENGROSSED
HB NO. 633
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, 2021, 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
department, (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, 2022, and all devices by March 31, 2022.
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.
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: (1) the full name, address, and driver's
license number of the restricted operator and lessee, (2) the registration number of the motor
vehicle in which the ignition interlock device was installed, (3) the unique serial number of
the ignition interlock device, and (4) the toll-free telephone number of a representative who
can explain the report from an ignition interlock device.
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 25th 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 25th day of each month following their
collection to the state treasurer for immediate deposit in the state treasury.
Page 22 of 28
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-519 REENGROSSED
HB NO. 633
Proposed law requires the treasurer 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 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 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: (1) fuel cell technology,
specific for alcohols, (2) 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, (3) technology capable of taking a photograph identifying the user
providing the breath sample and recording the time the breath sample was provided, and (4)
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), Medicaid, social security disability
insurance (SSDI) or supplemental security income (SSI) administered by the social security
administration, or services of an indigent public defender. Proposed law further provides
that individuals that meet the economic standard will not be required to pay more than 50%
of the assessed fees.
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.
Page 23 of 28
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-519 REENGROSSED
HB NO. 633
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 authorizes the court to require any person be placed on probation as provided
for in present law (R.S. 14:98(B)), and requires any person placed on probation as provided
in present law (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
updates statutory provisions contained in present law.
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.
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 retains present law for a first offense and 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 on a second offense.
Present law authorizes an individual who installs a Dept. of Public Safety and Corrections
approved ignition interlock device as a requirement of bail, a part of a pre-trial diversion
program, or a term of a suspended or deferred sentence as provided in present law, for an
offense involving the operation of a motor vehicle under the influence of alcohol, drugs, or
both, and was arrested or subsequently convicted of such an offense, to receive credit
towards suspension time or any reinstatement requirement that may be imposed if any of the
following occurs:
(1)The installation and monitoring of the ignition interlock device is reported to the
Dept. of Public Safety and Corrections by the manufacturer in accordance with
present law.
(2)The individual whose driving privilege is restricted appears at an office of motor
vehicle 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.
Present law prohibits an individual from receiving credit towards suspension time or any
reinstatement requirement if the manufacturer reports to the Dept. of Public Safety and
Corrections that any combination of two of the following violations have occurred in a one-
month period, including any repeat violation of the same type:
(1)Tampering with the device.
Page 24 of 28
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-519 REENGROSSED
HB NO. 633
(2)Circumventing the device.
(3)Failure to bring the ignition interlock device in for required service.
(4)Failure to take or pass a re-test.
(5)Failure to pass a breath test.
(6)Use of the emergency override feature without justification.
(7)Unauthorized removal of the device.
Proposed law modifies present law to prohibit an individual from receiving credit towards
suspension time or any reinstatement requirement if the manufacturer reports to the Dept.
of Public Safety and Corrections that any of the following violations have occurred once
during the period of installation:
(1)The restricted operator fails to have the ignition interlock device serviced within the
time period prescribed in present law.
(2)The device has recorded any, or a combination, of the following four or more times
in a 30 day period:
(a)A random retest fail or skip.
(b)An initial start failure before starting the vehicle unless a second breath test
below the alcohol limit is recorded within 10 minutes of the initial start
failure.
Present law prohibits an individual from receiving credit towards suspension time or any
reinstatement requirement if the individual is charged or arrested for any offense involving
the operation of a motor vehicle while under the influence of alcohol, drugs, or both, during
the period in which the individual is required to have an ignition interlock device as a
requirement of bail, a part of a pre-trial diversion program, or a term of a suspended or
deferred sentence as provided in present law.
Present law provides that upon a first or second conviction or a plea of guilty or no contest
and sentence or forfeiture of bail o any person charged with the offense of driving while
intoxicated and when the offender has a blood alcohol concentration of 0.20 percent or more
by body weight, restrictions on suspension and issuance of a restricted driver's license will
apply.
Proposed law retains present law and lowers the blood alcohol concentration threshold to
0.15 percent or more but less than 0.20 percent 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.
Page 25 of 28
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-519 REENGROSSED
HB NO. 633
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.
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 trigger date and 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 retains present law for a first offense and modifies present law by lowering the
blood alcohol concentration threshold to 0.15 percent or more by body weight for a second
offense.
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 but less than 0.20 percent by body weight.
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 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
Page 26 of 28
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-519 REENGROSSED
HB NO. 633
within 10 years of the first arrest must have an ignition interlock device installed in their
motor vehicle.
Proposed law removes the 10 year exception for a first time offender and modifies present
law by requiring the arrest be made for a violation of present law (R.S. 14.98 or 98.6) or a
parish or municipal ordinance.
Proposed law provides that upon notice to the department that a driver has caused the
ignition interlock device to enter a violation reset or a permanent lockout, the department
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 department 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 retains present law.
Present law requires the department 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 department
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 department 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), R.S. 15:307(section heading), (A), (C), (D), and (E),
R.S. 32:378.2(A), (B)(1)(a)(ii), (aa), (bb), (M)(2), and (N), 414(A)(1)(c)(introductory
paragraph) and (ii), and (D)(1)(b), 667(B)(1)(b) and (c), (3)(a) and (c), and (I)(1)(a) and (b),
and 668(B)(1)(a)(intro. para.) and (i), and (2); Adds R.S. 15:307(B)(3), (F), (G), and (H),
307.1, 307.2, and R.S. 32:667(B)(3)(d) and (K))
Summary of Amendments Adopted by House
The House Floor Amendments to the engrossed bill:
1. Make technical changes.
2. Add a provision that requires a person who refused the test as a result of a first
violation be eligible for a hardship license during the entire imposed one-year
suspension after he provides proof that his motor vehicle has been equipped with
an ignition interlock device. Require a functioning ignition interlock remain
installed for the entire period of the driver's license suspension. Authorize a
person to have the ignition interlock removed 270 days after installation if there
have been no violation resets or permanent lockouts pursuant to present law (R.S.
15:307(C)).
3. Change the number of times the ignition interlock has recorded any, or a
combination, of a random retest or skip, or an initial start failure from three or
more times in a 30 day period to four or more times in a 30 day period.
Page 27 of 28
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-519 REENGROSSED
HB NO. 633
4. Remove provisions that provided for enhanced penalties applicable to first
offense violations of certain operators while intoxicated statutes if the offender
had a blood alcohol concentration of 0.15 percent.
5. Change the blood alcohol limit for a first time offense from 0.15 back to 0.20.
6. Change provision for the device to remain on the vehicle for the entire period
back to the first twelve months after issuance of the restricted driver's license.
7. Add a provision that economic hardship include an individual that is eligible for
social security disability insurance or supplemental security income administered
by the social security administration, or services of an indigent public defender.
8. Remove the provision that would have increased the length of time the ignition
interlock device must remain on a motor vehicle from six to twelve for a certain
violation of present law (R.S. 32:414(D)(1)(b)).
9. Remove the provision that would have doubled the time of suspension from
ninety to one hundred eighty days for a person who submitted to a test that
yielded a blood alcohol level of 0.08 percent.
Page 28 of 28
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.