HLS 23RS-804 ORIGINAL
2023 Regular Session
HOUSE BILL NO. 575
BY REPRESENTATIVE ADAMS
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
MOTOR VEHICLES: Provides relative to offense penalties for driving a vehicle while
intoxicated
1 AN ACT
2To amend and reenact R.S. 14:98.1(A)(2) and (3)(b) and 98.2(A)(2) and (3)(b), and R.S.
3 32:378.2(B)(1)(a)(ii), (aa), and (bb), 414(A)(1)(c), (i), and (ii), 667(B)(1)(b) and (c)
4 and (3) and to enact R.S. 14:98(b) and 98.2(b), to change references to criminal
5 offenses for driving while intoxicated; to provide relative to restricted driver's
6 licenses; to provide relative to first and second offense penalties for operating a
7 vehicle while intoxicated; and to provide for related matters.
8Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 14:98.1(A)(2) and (3)(b) and 98.2(A)(2) and (3)(b) are hereby
10amended and reenacted to read as follows:
11 §98.1. Operating while intoxicated; first offense; penalties
12 A.
13 * * *
14 (2)(a) If the offender had a blood alcohol concentration of 0.15 percent or
15 more but less than 0.20 percent by weight based on grams of alcohol per one hundred
16 cubic centimeters of blood, at least forty-eight hours of the sentence imposed
17 pursuant to Paragraph (1) of this Subsection shall be served without the benefit of
18 parole, probation, or suspension of sentence, and is to be served in addition to any
19 sentence of imprisonment imposed pursuant to Subparagraph (1)(a) of this
20 Subsection, provided that the total period of imprisonment upon conviction of the
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HB NO. 575
1 offense, including imprisonment for default in payment of a fine or costs, shall not
2 exceed six months.
3 (b) In addition to any penalties imposed under this Section, upon conviction
4 of a first offense violation of R.S. 14:98, if the offender had a blood alcohol
5 concentration of 0.15 percent or more by weight based on grams of alcohol per one
6 hundred cubic centimeters of blood, the driver's license of the offender shall be
7 suspended for two years.
8 (3)
9 * * *
10 (b) In addition to any penalties imposed under this Section, upon conviction
11 of a first offense, if the offender had a blood alcohol concentration of 0.20 0.15
12 percent or more by weight based on grams of alcohol per one hundred cubic
13 centimeters of blood, the driver's license of the offender shall be suspended for two
14 years.
15 * * *
16 §98.2. Operating while intoxicated; second offense; penalties
17 A.
18 * * *
19 (2)(a) If the offender had a blood alcohol concentration of 0.15 percent or
20 more but less than 0.20 percent by weight based on grams of alcohol per one hundred
21 cubic centimeters of blood, at least ninety-six hours of the sentence imposed
22 pursuant to Paragraph (1) of this Subsection shall be served without the benefit of
23 parole, probation, or suspension of sentence.
24 (b) In addition to any penalties imposed under this Section, upon conviction
25 of a second offense violation of R.S. 14:98, if the offender had a blood alcohol
26 concentration of 0.15 percent or more by weight based on grams of alcohol per one
27 hundred cubic centimeters of blood, the driver's license of the offender shall be
28 suspended for four years.
29 (3)
30 * * *
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HB NO. 575
1 (b) In addition to any penalties imposed under this Section, upon conviction
2 of a second offense violation of R.S. 14:98, if the offender had a blood alcohol
3 concentration of 0.20 0.15 percent or more by weight based on grams of alcohol per
4 one hundred cubic centimeters of blood, the driver's license of the offender shall be
5 suspended for four years.
6 * * *
7 Section 2. R.S. 32:378.2(B)(1)(a)(ii), (aa), (bb), 414(A)(1)(c), (i), and (ii),
8667(B)(1)(b) and (c), and (3) are hereby amended and reenacted to read as follows:
9 §378.2. Ignition interlock devices; condition of probation for certain DWI
10 offenders; restricted license
11 * * *
12 B.(1) Any person who has had his driver's license suspended, revoked, or
13 canceled under any of the following conditions shall, upon proof to the Department
14 of Public Safety and Corrections that his motor vehicle has been equipped with a
15 functioning ignition interlock device as provided in this Section, be issued a
16 restricted driver's license:
17 (a)
18 * * *
19 (ii) However, if the offender had a blood alcohol concentration of 0.20 0.15
20 percent or more by weight based on grams of alcohol per one hundred cubic
21 centimeters of blood the following restrictions shall apply:
22 (aa) Upon first offense, if the offender had a blood alcohol concentration of
23 0.20 0.15 percent or greater, he shall be issued a restricted driver's license during the
24 entire period of the two-year driver's license suspension imposed under the
25 provisions of R.S. 14:98(K)(1) R.S. 14:98.1(A)(3)(b) and shall be required to have
26 a functioning ignition interlock device installed on his vehicle during the first
27 twelve-month period of the suspension as provided in R.S. 14:98.1(A)(3)(c).
28 (bb) Upon second offense, if the offender has a blood alcohol concentration
29 of 0.20 0.15 percent or greater, he shall be eligible for a restricted driver's license for
30 the period of suspension as imposed under the provisions of R.S. 14:98(K)(2)(b)
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HB NO. 575
1 R.S. 14:98.2(A)(3)(b). The offender may be issued a restricted license during the
2 entire four years on his suspension and shall be required to have a functioning
3 ignition interlock device installed on his vehicle during the first three years of the
4 four-year suspension as provided in R.S. 14:98.2 (A)(3)(c).
5 * * *
6 §414. Suspension, revocation, renewal, and cancellation of licenses; judicial review
7 A.(1)
8 * * *
9 (c) Notwithstanding the provisions of Subparagraphs (a) and (b) of this
10 Paragraph, upon first or second conviction, or a plea of guilty or nolo contendere and
11 sentence thereupon or forfeiture of bail of any person charged with the offense of
12 driving while intoxicated when the offender had a blood alcohol concentration of
13 0.20 0.15 percent or more by weight based on grams of alcohol per one hundred
14 cubic centimeters of blood, the following restrictions on suspension and issuance of
15 a restricted driver's license shall apply:
16 (i) Upon first conviction, if the offender had a blood alcohol concentration
17 of 0.20 0.15 percent or greater, his driver's license shall be suspended for two years
18 and he shall be issued a restricted driver's license for the entire period of the
19 suspension after he has provided proof to the department that his motor vehicle is
20 equipped with a functioning ignition interlock device. A functioning ignition
21 interlock device shall remain installed on his vehicle during the first twelve-month
22 period of the suspension of his driver's license.
23 (ii) Upon second conviction, if the offender has a blood alcohol
24 concentration of 0.20 0.15 percent or greater, his driver's license shall be suspended
25 for four years. The offender shall be eligible for a restricted license after a period of
26 forty-five days of suspension for the remainder of the four-year period of suspension
27 after he has provided proof to the department that his motor vehicle is equipped with
28 a functioning ignition interlock device. A functioning ignition interlock device shall
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HB NO. 575
1 remain installed on his vehicle during the first three-year period of the four-year
2 period of the suspension of his driver's license.
3 * * *
4 §667. Seizure of license; circumstances; temporary license
5 * * *
6 B. If such written request is not made by the end of the thirty-day period, the
7 person's license shall be suspended as follows:
8 (1)
9 * * *
10 (b) On or after September 30, 2003, If the person submitted to the test and
11 the test results show a blood alcohol level of 0.08 percent or above by weight, his
12 driving privileges shall be suspended for ninety one hundred eighty days from the
13 date of suspension on first offense violation, without eligibility for a hardship license
14 for the first thirty days, and for three hundred sixty-five days from the date of
15 suspension, without eligibility for a hardship license, on second and subsequent
16 violations occurring within five years of the first offense. If the person was under
17 the age of twenty-one years on the date of the test and the test results show a blood
18 alcohol level of 0.02 percent or above by weight, his driving privileges shall be
19 suspended for one hundred eighty days from the date of suspension.
20 (c) If the person submitted to the test and the test results show a blood
21 alcohol level of 0.20 0.15 percent or above by weight, his driving privileges shall
22 be suspended for two years from the date of suspension on first offense violation and
23 for four years from the date of suspension for second offense violation.
24 * * *
25 (3)(a) However, any licensee who has had his license suspended for a first
26 or second offense of operating a motor vehicle while under the influence of alcoholic
27 beverages under the provisions of this Subsection and who either refused to submit
28 to the test or who submitted to the test and the test showed a blood alcohol level of
29 less than 0.20 0.15 percent shall, upon proof to the Department of Public Safety and
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HB NO. 575
1 Corrections that his motor vehicle has been equipped with a functioning ignition
2 interlock device, be immediately eligible for and shall be granted a restricted license.
3 In the event that the department fails or refuses to issue the restricted driver's license,
4 the district court for the parish in which the licensee resides may issue an order
5 directing the department to issue the restricted license either by ex parte order or
6 after contradictory hearing.
7 (b) If the person submitted to the test as a result of a first violation and the
8 test results show a blood alcohol level of 0.20 0.15 percent or above by weight, he
9 shall be eligible for a hardship license during the entire period of the imposed two-
10 year suspension after he has provided proof that his motor vehicle has been equipped
11 with an ignition interlock device. A functioning ignition interlock device shall
12 remain installed on his motor vehicle during the first twelve-month period of his
13 driver's license suspension.
14 (c) If the person submitted to the test as a result of a second violation and the
15 test results show a blood alcohol level of 0.20 0.15 percent or above by weight, he
16 shall be eligible for a hardship license during the entire four-year period of the
17 suspension after he has provided proof that his motor vehicle has been equipped with
18 an ignition interlock device. A functioning ignition interlock device shall remain
19 installed on his motor vehicle during the first three-years of the four-year period of
20 his driver's license suspension.
21 * * *
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 575 Original 2023 Regular Session Adams
Abstract: Establishes first and second offense penalties for operating a vehicle while
intoxicated.
Present law specifies that if the offender had a blood alcohol concentration (BAC) of 0.15%
or more but less than 0.20% by weight based on grams of alcohol per 100 cubic centimeters
of blood, at least 48 hours of the sentence imposed pursuant to present law must be served
without the benefit of parole, probation, or suspension of sentence, and is to be served in
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HB NO. 575
addition to any sentence of imprisonment imposed pursuant to present law, provided that the
total period of imprisonment upon conviction of the offense, including imprisonment for
default in payment of a fine or costs, shall not exceed six months.
Proposed law adds any penalties imposed under present law, upon conviction of a first
offense violation of R.S. 14:98, if the offender had a BAC of 0.15% or more by weight based
on grams of alcohol per 100 cubic centimeters of blood, the driver's license of the offender
to be suspended for two years.
Present law in addition to any penalties imposed under present law, upon conviction of a first
offense, if the offender had a BAC of 0.20% or more by weight based on grams of alcohol
per 100 cubic centimeters of blood, the driver's license of the offender will be suspended for
two years.
Proposed law changes the BAC in present law from 0.20% to 0.15% BAC.
Present law specifies that if the offender had a BAC of 0.15% or more but less than 0.20%
by weight based on grams of alcohol per 100 cubic centimeters of blood, at least ninety-six
hours of the sentence imposed pursuant to present law must be served without the benefit
of parole, probation, or suspension of sentence.
Proposed law requires any penalties imposed under proposed law, upon conviction of a
second offense violation of R.S. 14:98, if the offender had a BAC of 0.15% or more by
weight based on grams of alcohol per 100 cubic centimeters of blood, the driver's license of
the offender must be suspended for four years.
Present law specifies that any penalties imposed under this Section, upon conviction of a
second offense violation of R.S. 14:98, if the offender had a BAC of 0.20% or more by
weight based on grams of alcohol per 100 cubic centimeters of blood, the driver's license of
the offender to be suspended for four years.
Proposed law changes the BAC in present law from 0.20% to 0.15%.
Present law requires that any person who has had his driver's license suspended, revoked,
or canceled under any of the following conditions upon proof to the Dept. of Public Safety
and Corrections that his motor vehicle has been equipped with a functioning ignition
interlock device as provided in present law, be issued a restricted driver's license.
Present law specifies that if the offender had a BAC of 0.20% or more by weight based on
grams of alcohol per 100 cubic centimeters of blood the following restrictions shall apply:
(1) Upon first offense, if the offender had a BAC of 0.20% or greater, he will be issued a
restricted driver's license during the entire period of the two-year driver's license suspension
imposed under the provisions of present law and will be required to have a functioning
ignition interlock device installed on his vehicle during the first twelve-month period of the
suspension
(2) Upon second offense, if the offender has a BAC of 0.20% or greater, he will be eligible
for a restricted driver's license for the period of suspension as imposed under the provisions
of present law. Specifies that he offender may be issued a restricted license during the entire
four years on his suspension and will be required to have a functioning ignition interlock
device installed on his vehicle during the first three years of the four-year suspension.
Proposed law modifies the BAC in present law from 0.20% to 0.15% and replaces the
present law provisions.
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HB NO. 575
Present law specifies upon first or second conviction, or a plea of guilty or nolo contendere
and sentence thereupon or forfeiture of bail of any person charged with the offense of
driving while intoxicated when the offender had a BAC of 0.20% or more by weight based
on grams of alcohol per 100 cubic centimeters of blood, the following restrictions on
suspension and issuance of a restricted driver's license apply:
(1) Upon first conviction, if the offender had a BAC of 0.20% or greater, his driver's license
will be suspended for two years and he must be issued a restricted driver's license for the
entire period of the suspension after he has provided proof to the department that his motor
vehicle is equipped with a functioning ignition interlock device. Also requires a functioning
ignition interlock device remain installed on his vehicle during the first 12 month period of
the suspension of his driver's license.
(2) Upon second conviction, if the offender has a BAC of 0.20% or greater, his driver's
license will be suspended for four years. Specifies that the offender must be eligible for a
restricted license after a period of 45 days of suspension for the remainder of the 4 year
period of suspension after he has provided proof to the department that his motor vehicle is
equipped with a functioning ignition interlock device. Also requires a functioning ignition
interlock device will remain installed on his vehicle during the first 3 year period of the 4
year period of the suspension of his driver's license.
Present law specifies that on or after Sept. 30, 2003, if the person submitted to the test and
the test results show a blood alcohol level of 0.08% or above by weight, his driving
privileges must 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 5 years of the first offense. Specifies that if the
person was under the age of 21 years on the date of the test and the test results show a BAC
of .20% or above by weight, his driving privileges will be suspended for 180 days from the
date of suspension.
Proposed law removes outdated language and increases 90 day suspension of driving
privileges outdated languages to 180 days. Removes without eligibility for a hardship
license from present law.
(Amends R.S. 14:98.1(A)(2) and (3)(b) and 98.2(A)(2) and (3)(b) and R.S.
32:378.2(B)(1)(a)(ii), (aa), (bb), 414(A)(1)(c), (i), and (ii), 667(B)(1)(b) and (c) and (3),
Adds R.S. 14:98(b) and 98.2(b))
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