GREEN SHEET REDIGEST
HB 633 2021 Regular Session Wright
MOTOR VEHICLES: Provides relative to ignition interlock devices and maintenance
services
DIGEST
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 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
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Prepared by Xavier Alexander. 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.
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,
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Prepared by Xavier Alexander. 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.
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.
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Prepared by Xavier Alexander. 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 0.15 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.
(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.
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Prepared by Xavier Alexander. 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 or 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 by body weight and requiring the ignition interlock device be installed
for the entire two-year period.
Present law further provides that upon a second conviction or a plea of guilty or no contest
and the offender has a blood alcohol concentration of 0.20 percent or more by body weight,
the offender must have his driver's license suspended for four years, receive a restricted
driver's license after the first 45 days of the four-year suspension after proving that he has an
ignition interlock device installed on his vehicle, which must remain installed for the first
three years of the four-year period.
Proposed law modifies present law by lowering the blood alcohol concentration threshold
to 0.15 percent or more by body weight and requiring the ignition interlock device be
installed for the entire four-year period.
Present law grants eligibility for a restricted driver's license to any licensee who has had their
license suspended for a DWI violation after a period of 12 months upon proof that his vehicle
is equipped with an ignition interlock device. Proposed law requires the device remain on
the vehicle for six months after issuance of the restricted driver's license.
Proposed law modifies present law by eliminating the 12 month waiting period for the
restricted driver's license.
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.
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Prepared by Xavier Alexander. 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 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 has 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
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 second or subsequent 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
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Prepared by Xavier Alexander. 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
law and proposed law will occur if the license is reinstated pursuant to present law prior to
the removal of the ignition interlock device.
(Amends R.S. 14:98.1(A)(2) and (3)(b), and 98.2(A)(2) and (3)(b), R.S. 15:307(section
heading), (A), (C), (D), and (E), R.S. 32:378.2(A), (B)(1)(a)(ii), (aa), (bb), (M)(2), and (N),
414(A)(1)(c)(introductory paragraph)(i) 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.
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)).
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Prepared by Xavier Alexander. 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.
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Transportation,
Highways, and Public Works to the reengrossed bill
1. Makes technical changes.
2. Adds 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.
3. Changes the blood alcohol limit for a first time offense from 0.20 to 0.15.
4. Adds provision that defines economic hardship as an individual receiving a
judge's order for service of an indigent public defender, when defendant's
income is below 125% of the federal poverty level.
5. Adds the provision that would have increased the length of time to ignition
interlock device must remain on a motor vehicle from six to twelve for a
certain violation of present law.
6. Adds a provision that upon conviction of a first offense of R.S. 14:98, if the
offender has a blood alcohol concentration of 0.15 percent or above the
driver's license of the offender shall be suspended for two years.
7. Removes the 10 year exception for a first time offender and modifies present
law by requiring the arrest be made for a violation for a second or subsequent
violation of present law.
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Prepared by Xavier Alexander.