DUI Lawsor by calling 1-800-852-8005.
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If you have been charged with a Louisiana DUI there are two things that you need to consider:
1) Take the charge seriously.
A conviction for a Louisiana DUI will have long lasting consequences.
A criminal record can affect your employment, your future and your
personal freedom.
2) Hire an experienced Louisiana DUI Lawyer.
Understanding the Louisiana DUI laws and courtroom proceedings can be
a challenge. Hiring a qualified Louisiana DUI Lawyer from DUILaws.com
who focuses on DUI defense can make a difference in the outcome of your
case.
The Louisiana DUI Defense Lawyers at DUILaws.com offer an initial review of your case. Your inquiry is both free and confidential.
To begin fighting your Louisiana DUI, use the drop-down menu above to locate a Louisiana Attorney in your county. But do it now, as time is very critical in a Louisiana DUI case.
Louisiana DUI laws state that if you are 21 years or older and test with a Blood Alcohol Concentration (BAC) of 0.08% or higher, or are under 21 with a 0.02% BAC, you are considered legally intoxicated. Realize though that you may still be arrested for DUI in Louisiana even if your BAC is under the legal limit if the arresting officer deems you were driving recklessly. A Louisiana DUI arrest involves two separate actions; firstly, a civil action that involves your driving privileges and secondly, a misdemeanor or felony criminal action depending on the DUI charge.
DUI is what the law refers to as an enhanceable offense, meaning the potential penalties and sentences grow more severe with each subsequent DUI arrest. Louisiana is a member of the Interstate Drivers License Compact which means if you are tried and convicted in Louisiana of a DUI, Louisiana will share this information with other states which could seriously impact the sentencing of your current DUI case if convicted.
In addition to losing your license, your vehicle may be confiscated and sold, and you may be subject to heavy fines, high insurance premiums and substantial jail time if convicted of a Louisiana DUI.
PART XIV. TESTS FOR SUSPECTED DRUNKEN DRIVERS
A.(1) Any person, regardless of age, who operates a motor vehicle upon the public highways of this state shall be deemed to have given consent, subject to the provisions of R.S. 32:662, to a chemical test or tests of his blood, breath, urine, or other bodily substance for the purpose of determining the alcoholic content of his blood, and the presence of any abused substance or controlled dangerous substance as set forth in R.S. 40:964 in his blood if arrested for any offense arising out of acts alleged to have been committed while the person was driving or in actual physical control of a motor vehicle while believed to be under the influence of alcoholic beverages or any abused substance or controlled dangerous substance as set forth in R.S. 40:964.
(2)(a) The test or tests shall be administered at the direction of a law enforcement officer having reasonable grounds to believe the person, regardless of age, to have been driving or in actual physical control of a motor vehicle upon the public highways of this state while under the influence of either alcoholic beverages or any abused substance or controlled dangerous substance as set forth in R.S. 40:964. The law enforcement agency by which such officer is employed shall designate in writing and under what conditions which of the aforesaid tests shall be administered.
(b) In the case of all traffic fatalities, the coroner, or his designee, shall perform or cause to be performed a toxicology screen on the victim or victims of all traffic fatalities for determining evidence of any alcoholic content of the blood and the presence of any abused substance or controlled dangerous substance as set forth in R.S. 40:964 which shall include the extracting of all bodily substance samples necessary for such toxicology screen. The coroner, or his designee, shall be responsible for ensuring the body is not removed from his custody until such time as the bodily substance samples are extracted. The coroner's report shall be made available to the investigating law enforcement agency and may be admissible in any court of competent jurisdiction as evidence of the alcoholic content of the blood and the presence of any abused substance or controlled dangerous substance as set forth in R.S. 40:964 at the time of the fatality. The coroner, or his designee, shall determine, by the most current and accepted scientific method available, whether the presence of alcoholic content in the blood of the deceased is the result of pre-death ingestion of alcoholic beverages or the postmortem synthesis of ethanol. Nothing herein shall be construed to limit the authority of the investigating law enforcement agency from conducting an investigation of the accident scene concurrently with the coroner or his designee.
(3) If the person is under twenty-one years of age, the test or
tests shall be administered at the direction of a law enforcement
officer having reasonable grounds to believe the person to have been
driving or in actual physical control of a motor vehicle upon the
public highways of this state after having consumed alcoholic
beverages. The law enforcement agency by which the officer is
employed shall designate in writing and under what conditions which of
the tests shall be administered.
B. Any person who is dead, unconscious or otherwise in a condition rendering him incapable of refusal shall be deemed not to have withdrawn the consent provided by Subsection A of this section, and the test or tests may be administered subject to the provisions of R.S. 32:662.
C.(1) When a law enforcement officer requests that a person
submit to a chemical test as provided for above, he shall first read to
the person a standardized form approved by the Department of Public
Safety and Corrections. The department is authorized to use such
language in the form as it, in its sole discretion, deems proper,
provided that the form does inform the person of the following:
(a) His constitutional rights under Miranda v. Arizona.
(b) That his driving privileges can be suspended for refusing to
submit to the chemical test.
(c) That his driving privileges can be suspended if he submits
to the chemical test and such test results show a blood alcohol level
of 0.08 percent or above or, if he is under the age of twenty-one
years, a blood alcohol level of 0.02 percent or above.
(d) That his driving privileges can be suspended if he submits
to the chemical test and the test results show a positive reading
indicating the presence of any controlled dangerous substance listed in
R.S. 40:964.
(e) The name and employing agency of all law enforcement
officers involved in the stop, detention, investigation, or arrest of
the person.
(f) That refusal to submit to a chemical test after an arrest
for an offense of driving while intoxicated if he has refused to submit
to such test on two previous and separate occasions of any previous
such violation is a crime under the provisions of R.S. 14:98.2 and the
penalties for such crime are the same as the penalties for first
conviction of driving while intoxicated.
(2) In addition, the arresting officer shall, after reading said
form, request the arrested person to sign the form. If the person
is unable or unwilling to sign, the officer shall certify that the
arrestee was advised of the information contained in the form and that
the person was unable to sign or refused to sign.
Added by Acts 1968, No. 273, §14. Amended by Acts 1972, No. 534,
§2; Acts 1983, No. 632, §1, eff. Jan. 1, 1984; Acts 1984, No. 409, §1;
Acts 1985, No. 382, §1, eff. July 10, 1985; Acts 1987, No. 338, §1;
Acts 1994, 3rd Ex. Sess., No. 20, §2; Acts 1997, No. 1296, §3, eff.
July 15, 1997; Acts 1997, No. 1297, §1, eff. July 15, 1997; Acts 1999,
No. 1354, §1; Acts 2001, No. 781, §4, eff. Sept. 30, 2003; Acts 2003,
No. 543, §2; Acts 2004, No. 318, §1.
NOTE: Section 6 of Acts 2001, No. 781, provides that the provisions of the Act shall become null and of no effect if and when Section 351 of P.L. 106-346 regarding the withholding of federal highway funds for failure to enact a 0.08 percent blood alcohol level is repealed or invalidated for any reason.
§661.1.
Operating a watercraft under the influence of alcoholic beverages or controlled dangerous substances; implied consent to chemical tests; administering of test and presumptions
A.(1) Any person, regardless of age, who operates a motor powered watercraft upon the public navigable waterways of this state shall be deemed to have given consent, subject to the provisions of R.S. 32:662, to a chemical test or tests of his blood, breath, urine, or other bodily substance for the purpose of determining the alcoholic content of his blood and the presence of any abused substance or controlled dangerous substance as set forth in R.S. 40:964 in his blood if arrested for any offense arising out of acts alleged to have been committed while the person was driving or in actual physical control of a motor powered watercraft, while believed to be under the influence of alcoholic beverages or any abused substance or controlled dangerous substance as set forth in R.S. 40:964.
(2) The test or tests shall be administered at the direction of
a law enforcement officer having reasonable grounds to believe the
person, regardless of age, to have been driving or in actual physical
control of a motor powered watercraft upon the public navigable
waterways of this state, while under the influence of either alcoholic
beverages or any abused substance or controlled dangerous substance as
set forth in R.S. 40:964. The law enforcement agency by which
such officer is employed shall designate which of the aforesaid tests
shall be administered.
B. Any person who is dead, unconscious, or otherwise in a
condition rendering him incapable of refusal or who has been involved
in an accident involving bodily injury or death shall be deemed not to
have withdrawn the consent provided by Subsection A of this Section,
and the test or tests may be administered subject to the provisions of
R.S. 32:662.
C.(1) When a law enforcement officer requests that a person
submit to a chemical test as provided for in this Section, he shall
first read to the person a standardized form approved by the Department
of Public Safety and Corrections. The department is authorized to
use such language in the form as it, in its sole discretion, deems
proper, provided that the form does inform the person of the
following:
(a) His constitutional rights under Miranda v. Arizona and
subsequent applicable jurisprudence.
(b) That his driving privileges can be suspended for refusing to
submit to the chemical test.
(c) That his driving privileges can be suspended if he submits
to the chemical test and such test results show a blood alcohol level
of 0.08 percent or above or, if he is under the age of twenty-one
years, a blood alcohol level of 0.02 percent or above.
(d) The name and employing agency of all law enforcement
officers involved in the stop, detention, investigation, or arrest of
the person.
(2) In addition, the law enforcement officer, after reading the
form, shall request the arrested person to sign the form. If the
person is unable or unwilling to sign, the officer shall certify that
the arrestee was advised of the information contained in the form and
that the person was unable to sign or refused to sign.
D. For purposes of this Section, "public navigable waterways"
means any waters within the territorial limits of this state and the
marginal sea adjacent to the state and the high seas when navigated as
a part of a journey or ride to or from the shore of this state but
shall not include privately owned water bodies with no ingress or
egress to public waters.
Added by Acts 1983, No. 631, §1. Acts 1987, No. 338, §1; Acts
1989, No. 661, §1, eff. July 7, 1989; Acts 1994, 3rd Ex. Sess., No. 20,
§2; Acts 1997, No. 1296, §3, eff. July 15, 1997; Acts 1997, No. 1297,
§1, eff. July 15, 1997; Acts 2001, No. 781, §4, eff. Sept. 30, 2003;
Acts 2004, No. 752, §1.
NOTE: Section 6 of Acts 2001, No. 781, provides that the provisions of the Act shall become null and of no effect if and when Section 351 of P.L. 106-346 regarding the withholding of federal highway funds for failure to enact a 0.08 percent blood alcohol level is repealed or invalidated for any reason.
§661.2.
Operation of a locomotive engine under the influence of alcoholic beverages or controlled dangerous substances; implied consent to chemical tests; administering of test and presumptions
A.(1) Any person who operates a locomotive engine upon the
railroad tracks of this state shall be deemed to have given consent,
subject to the provisions of R.S. 32:662, to a chemical test or tests
of his blood, breath, urine, or other bodily substance for the purpose
of determining the alcoholic content of his blood and the presence of
any abused or illegal controlled dangerous substance as set forth in
R.S. 40:964 in his blood if he is involved in a collision at a railroad
crossing at any roadway of this state alleged to have occurred when he
was driving or in actual physical control of the locomotive engine
while believed to be under the influence of an alcoholic beverage or
any abused or illegal controlled dangerous substance as set forth in
R.S. 40:964.
(2) The test or tests shall be administered at the direction of
the law enforcement officer having reasonable grounds to believe the
person to have been operating or in physical control of the locomotive
engine while under the influence of either an alcoholic beverage or any
abused or illegal controlled dangerous substance as set forth in R.S.
40:964. The law enforcement agency by which such officer is
employed shall designate which of the aforesaid tests shall be
administered.
B. Any person who is dead, unconscious, or otherwise in a condition rendering him incapable of refusal or who has been involved in a railroad crossing collision involving bodily injury or death shall be deemed not to have withdrawn the consent provided by Subsection A of this Section, and the test or tests may be administered subject to the provisions of R.S. 32:662.
C.(1) When a law enforcement officer requests that a person
submit to a chemical test as provided for in this Section, he shall
first read to the person a standardized form approved by the Department
of Public Safety and Corrections. The department is authorized to
use such language in the form as it, in its sole discretion, deems
proper, provided that the form does inform the person of the
following:
(a) His constitutional rights under Miranda v. Arizona and
subsequent applicable jurisprudence.
(b) The consequences of his refusal to submit to the chemical
test.
(c) The name and employing agency of all law enforcement
officers involved in the detention, investigation, or arrest of the
person.
(2) In addition, the law enforcement officer, after reading the
form, shall request the arrested person to sign the form. If the person
is unable or unwilling to sign, the officer shall certify that the
arrestee was advised of the information contained in the form and that
the person was unable to sign or refused to sign.
D. If a person refuses the request of the law enforcement
officer to submit to a chemical test offered pursuant to the provisions
of this Section, a test shall not be given without a court order.
A written report shall be forwarded by the enforcement officer to
the United States Department of Transportation. The report shall
state that the officer had reasonable grounds to believe that the
person had committed a crime pursuant to the provisions of R.S. 14:98
and that the person had refused to submit to the test upon the request
of the peace officer and had been advised of the consequences of the
refusal.
Acts 1998, 1st Ex. Sess., No. 81, §1.
§662.
Administering chemical tests; use of results as evidence
A. The chemical test or tests as provided for by this Part shall
be subject to the following rules and shall be administered as provided
for hereafter:
(1) Upon the trial of any criminal action or proceeding arising
out of acts alleged to have been committed by any person while driving
or in actual physical control of a vehicle while under the influence of
alcoholic beverages the amount of alcohol in the person's blood at the
time alleged as shown by chemical analysis of the person's blood,
urine, breath, or other bodily substance shall give rise to the
following presumptions:
(a) Except as provided in Subparagraph (d), if the person had a
blood alcohol concentration at that time 0.05 percent or less by
weight, it shall be presumed that the person was not under the
influence of alcoholic beverages.
(b) Except as provided in Subparagraph (d), if the person had a
blood alcohol concentration at that time in excess of 0.05 percent but
less than 0.08 percent by weight, such fact shall not give rise to any
presumption that the person was or was not under the influence of
alcoholic beverages, but such fact may be considered with other
competent evidence in determining whether the person was under the
influence of alcoholic beverages.
(c) If the person had a blood alcohol concentration at that time
of 0.08 percent or more by weight, it shall be presumed that the person
was under the influence of alcoholic beverages.
(d) If the person was under the age of twenty-one years at the
time of the test and had a blood alcohol concentration at that time of
0.02 percent or more by weight, it shall be presumed that the person
was under the influence of alcoholic beverages.
(2) The blood alcohol concentration or level shall be based upon
grams of alcohol per one hundred cubic centimeters of blood.
Individuals measured through breath shall be afforded the timely
option of the administration of a blood test for alcohol content.
B. The provisions of Subsection A of this Section shall not be
construed as limiting the introduction of any other competent evidence
bearing upon the question whether the person was under the influence of
alcoholic beverages or any abused substance or controlled dangerous
substance as set forth in R.S. 40:964.
C. Except as provided in Paragraph A(2) of this Section, this
Section has no application to a civil action or proceeding.
Added by Acts 1968, No. 273, §14. Amended by Acts 1970, No. 538, §8; Acts 1987, No. 338, §1; Acts 1994, 3rd Ex. Sess., No. 20, §2; Acts 1997, No. 1296, §3, eff. July 15, 1997; Acts 1997, No. 1297, §1, eff. July 15, 1997; Acts 2001, No. 781, §4, eff. Sept. 30, 2003.
NOTE: Section 6 of Acts 2001, No. 781, provides that the provisions of the Act shall become null and of no effect if and when Section 351 of P.L. 106-346 regarding the withholding of federal highway funds for failure to enact a 0.08 percent blood alcohol level is repealed or invalidated for any reason.
§662.1.
Admissibility
In all criminal cases where intoxication is an issue, any certificate or writing made in accordance with the provisions of R.S. 32:663, including but not limited to intoxilyzer machine recertification forms, and other certificates or writings made with respect to the chemical analyses of a person's blood, urine, breath, or other bodily substance, shall be admissible as evidence.
Acts 2004, No. 798, §1.
§663.
Approval of testing methods by Department of Public Safety and Corrections
Chemical analyses of the person's blood, urine, breath, or other
bodily substance, to be considered valid under the provisions of this
Part, shall have been performed according to methods approved and
promulgated by the Department of Public Safety and Corrections and
performed by an individual possessing a valid permit issued by said
department for the purposes set forth in this Part. The
Department of Public Safety and Corrections is authorized to approve
satisfactory techniques or methods, to ascertain the qualifications and
competence of individuals to conduct such analyses, and to issue
permits which shall be subject to termination or revocation at the
discretion of the department.
Added by Acts 1968, No. 273, §14. Amended by Acts 1977, No. 533, §1; Acts 1999, No. 1212, §1.
§664.
Persons qualified to make
test
A. When a person submits to a blood test at the request of a law
enforcement officer under the provisions of this Part, only a
physician, registered nurse, qualified technician, or chemist may
withdraw blood for the purpose of determining the alcoholic content or
presence of any abused or illegal controlled dangerous substances
therein. No law enforcement officer who is not otherwise
qualified as a physician, registered nurse, qualified technician, or
chemist may withdraw blood for the purpose of determining, or of having
determined, the alcoholic content or presence of any abused or illegal
controlled dangerous substances therein. This limitation shall
not apply to the taking of breath specimens. Only procedures
approved and promulgated by the Department of Public Safety and
Corrections may be used in the analysis of blood, urine, breath, or
other bodily substance.
B. After submitting to the chemical test, the person tested may
have a physician or a qualified technician, chemist, registered nurse,
or other qualified person of his own choosing administer a chemical
test or tests in addition to any administered at the direction of a law
enforcement officer. The cost of any such additional test shall
be at the expense of the tested person. After being advised of
this right as provided in R.S. 32:661(C), he shall be given the
opportunity to telephone and request a qualified person to administer
such test. The failure or inability of the person to obtain an
additional test shall not preclude the admission of evidence relating
to the test or tests taken at the direction of a law enforcement
officer, unless said person was denied rights guaranteed to him by
law.
C. No person who administers any such test upon the request of a
law enforcement officer as herein defined, no hospital in or with which
such person is employed or otherwise associated or in which such test
is administered, and no other person, firm, or corporation by whom or
which such person is employed or is in any way associated, shall be in
any wise criminally liable for the administration of such test, or
civilly liable in damages to the person tested.
Added by Acts 1968, No. 273, §14. Amended by Acts 1972, No. 534,
§1; Acts 1986, No. 263, §1; Acts 1987, No. 338, §1; Acts 1987, No. 767,
§1; Acts 1990, No. 68, §1; Acts 1999, No. 888, §1; Acts 1999, No. 1212,
§1.
§665.
Furnishing of information to person
tested
Upon the request of the person who submits to a chemical test or tests at the request of a law enforcement officer, results concerning the test or tests shall be made available to him or his attorney.
Added by Acts 1968, No. 273, §14. Acts 1984, No. 409, §1.
§666.
Refusal to submit to chemical test;
submission to chemical tests; exception; effects of
A.(1)(a)(i) When a law enforcement officer has probable cause to
believe that a person has violated R.S. 14:98, R.S. 14:98.1, or any
other law or ordinance that prohibits operating a vehicle while
intoxicated, that person may not refuse to submit to a chemical test if
he has refused to submit to such test on two previous and separate
occasions of any previous such violation or in any case wherein a
fatality has occurred or a person has sustained serious bodily injury
in a crash involving a motor vehicle, aircraft, watercraft, vessel, or
other means of conveyance. Serious bodily injury means bodily
injury which involves unconsciousness, protracted and obvious
disfigurement, or protracted loss or impairment of the function of a
bodily member, organ, or mental faculty, or a substantial risk of
death. The law enforcement officer shall direct that a chemical test be
conducted of a person's blood, urine, or other bodily substance, or
perform a chemical test of such person's breath, for the purpose of
determining the alcoholic content of his blood and the presence of any
abused substance or controlled substance as set forth in R.S. 40:964 in
his blood in such circumstances. A physician, registered nurse,
qualified technician, or chemist shall perform a chemical test in
accordance with the provisions of R.S. 32:664 when directed to do so by
a law enforcement officer.
(ii) As used in this Section "law enforcement officer" shall
include but not be limited to any commissioned local or state police
officer, wildlife enforcement agent, sheriff, deputy sheriff, marshal,
deputy marshal, or state park warden.
(b) The law enforcement officer shall inform the person who is
required to submit to such testing of the consequences of a refusal to
submit to any testing as required by this Paragraph.
(c) Any person who refuses to submit to a chemical test as
required by the provisions of this Paragraph shall be fined not less
than three hundred dollars nor more than one thousand dollars and
imprisoned for not less than ten days nor more than six months.
Imposition or execution of sentence shall not be suspended unless:
(i) The offender is placed on probation with a minimum condition
that he serve two days in jail and participate in a court-approved
substance abuse program and participate in a court-approved driver
improvement program; or
(ii) The offender is placed on probation with a minimum
condition that he perform four eight-hour days of court-approved
community service activities, at least half of which shall consist of
participation in a litter abatement or collection program, participate
in a court-approved substance abuse program, and participate in a
court-approved driver improvement program. An offender who participates
in a litter abatement or collection program pursuant to this
Subparagraph shall have no cause of action for damages against the
entity conducting the program or supervising his participation therein,
including a municipality, parish, sheriff, or other entity, nor against
any official, employee, or agent of such entity, for any injury or loss
suffered by him during or arising out of his participation in the
program, if such injury or loss is a direct result of the lack of
supervision or act or omission of the supervisor, unless the injury or
loss was caused by the intentional or grossly negligent act or omission
of the entity or its official, employee, or agent.
(2) In all cases other than those in Paragraph (1) of this
Subsection, a person under arrest for a violation of R.S. 14:98, R.S.
14:98.1, or other law or ordinance that prohibits operating a vehicle
while intoxicated may refuse to submit to such chemical test, after
being advised of the consequences of such refusal as provided for in
R.S. 32:661(C), subject to the following:
(a) His license shall be seized under the circumstances provided
in R.S. 32:667.
(b) If he is a resident without a license or permit to operate a
motor vehicle in this state, the department shall deny the issuance of
a license or permit to such person for a period of six months after the
date of the alleged violation.
(c) Evidence of his refusal shall be admissible in any criminal
action or proceeding arising out of acts alleged to have been committed
while the person, regardless of age, was driving or in actual physical
control of a motor vehicle upon the public highways of this state while
under the influence of alcoholic beverages or any abused substance or
controlled dangerous substance as set forth in R.S. 40:964.
Additionally, evidence of his refusal shall be admissible in any
criminal action or proceeding arising out of acts alleged to have been
committed while the person under twenty-one years of age was driving or
in actual physical control of a motor vehicle upon the public highways
of this state after having consumed alcoholic beverages. However, such
evidence shall not be admissible in a civil action or proceeding other
than to suspend, revoke, or cancel his driving privileges.
(3) In all cases where a person is under arrest for a violation
of R.S. 14:98, R.S. 14:98.1, or other law or ordinance that prohibits
operating a vehicle while intoxicated who refuses to submit to a
chemical test if he has refused to submit to a chemical test on two
previous and separate occasions of any previous such violation shall be
advised that the consequences of such refusal shall be subject to
criminal penalties under the provisions of R.S. 14:98.2.
B. In each instance that a person submits or refuses to submit
to a chemical test, after being advised of the consequences of such
refusal or submission as provided for in R.S. 32:661(C), the officer
shall submit a sworn report in a form approved by the secretary that he
had reasonable grounds to believe that the arrested person had been
driving or was in actual physical control of a motor vehicle upon the
public highways of this state while under the influence of alcoholic
beverages or any abused or illegal controlled dangerous substance as
set forth in R.S. 40:964, that he had followed the procedure in
informing such person of his rights under R.S. 32:661(C), and that such
person had submitted to the test or refused to submit to the test upon
the request of the officer. In the case of a submission to the
test, the officer shall provide complete information regarding the test
as may be available at the time the sworn report is completed.
C. Notwithstanding any law to the contrary, any law enforcement
officer appointed as an ex officio notary public may exercise the
function of a notary public to administer the oath required by this
Section.
Acts 1983, No. 632, §1, eff. Jan. 1, 1984. Acts 1985, No. 194,
§1, eff. July 6, 1985; Acts 1985, No. 816, §1; Acts 1987, No. 338, §1;
Acts 1992, No. 671, §1; Acts 1993, No. 987, §1; Acts 1997, No. 1296,
§3, eff. July 15, 1997; Acts 1997, No. 1297, §1, eff. July 15, 1997;
Acts 1999, No. 1146, §1; Acts 2001, No. 808, §1; Acts 2003, No. 533,
§1; Acts 2003, No. 543, §2; Acts 2004, No. 218, §1.
§667.
Seizure of license;
circumstances; temporary license
A. When a law enforcement officer places a person under arrest
for a violation of R.S. 14:98, R.S. 14:98.1, or a violation of a parish
or municipal ordinance that prohibits operating a vehicle while
intoxicated, and the person either refuses to submit to an approved
chemical test for intoxication, or submits to such test and such test
results show a blood alcohol level of 0.08 percent or above by weight
or, if the person is under the age of twenty-one years, a blood alcohol
level of 0.02 percent or above by weight, the following procedures
shall apply:
(1) The officer shall seize the driver's license of the person
under arrest and shall issue in its place a temporary receipt of
license on a form approved by the Department of Public Safety and
Corrections. Such temporary receipt shall authorize the person to
whom it has been issued to operate a motor vehicle upon the public
highways of this state for a period not to exceed thirty days from the
date of arrest or as otherwise provided herein.
(2) The temporary receipt shall also provide and serve as notice
to the person that he has not more than fifteen days from the date of
arrest to make written request to the Department of Public Safety and
Corrections for an administrative hearing in accordance with the
provisions of R.S. 32:668.
(3) In a case where a person submits to an approved chemical
test for intoxication, but the results of the test are not immediately
available, the law enforcement officer shall comply with Paragraphs (1)
and (2) of this Subsection, and the person shall have fifteen days from
the date of arrest to make written request for an administrative
hearing. If after thirty days from the date of arrest the test results
have not been received or if the person was twenty-one years of age or
older on the date of arrest and the test results show a blood alcohol
level of less than 0.08 percent by weight, then no hearing shall be
held and the license shall be returned without the payment of a
reinstatement fee. If the person was under the age of twenty-one
years on the date of arrest and the test results show a blood alcohol
level of less than 0.02 percent by weight, then no hearing shall be
held and the license shall be returned without the payment of a
reinstatement fee.
(4) If the vehicle is operable and a passenger in the vehicle
who is not under the influence of alcohol has a valid driver's license,
the officer shall allow the passenger to take control of the vehicle
and shall not order or procure towing services for the vehicle. If the
vehicle does not create a hazard or obstruction to traffic and the
motoring public, and if there is no passenger in the vehicle who
possesses a valid driver's license and who is not under the influence
of alcohol, the officer, before ordering or procuring towing services,
shall allow the arrestee a reasonable time and opportunity to contact
another person to take possession or control of the vehicle on behalf
of the arrestee. Reasonable time to notify and take possession of the
vehicle shall be in the sole discretion of the officer. However, the
law enforcement agency, the law enforcement officer, the state, and the
political subdivision shall not be liable for damages, injuries, or
deaths occasioned by the vehicle not being towed immediately or by
another person taking possession or control of the vehicle on behalf of
the arrestee. If a law enforcement officer violates the provisions of
this Paragraph, his employing agency rather than the arrestee shall be
responsible for the payment of any towing charges incurred.
B. If such written request is not made by the end of the
fifteen-day period, the person's license shall be suspended as
follows:
(1)(a) Until September 30, 2003, if the person submitted to the test and the test results show a blood alcohol level of 0.10 percent or above by weight, his driving privileges shall be suspended for ninety days from the date of suspension on first offense violation, without eligibility for a hardship license for the first thirty days, and for three hundred sixty-five days from the date of suspension, without eligibility for a hardship license, on second and subsequent violations occurring within five years of the first offense. If the person was under the age of twenty-one years on the date of the test and the test results show a blood alcohol level of 0.02 percent or above by weight, his driving privileges shall be suspended for one hundred eighty days from the date of suspension.
(b) On or after September 30, 2003, if the person submitted to
the test and the test results show a blood alcohol level of 0.08
percent or above by weight, his driving privileges shall be suspended
for ninety days from the date of suspension on first offense violation,
without eligibility for a hardship license for the first thirty days,
and for three hundred sixty-five days from the date of suspension,
without eligibility for a hardship license, on second and subsequent
violations occurring within five years of the first offense. If the
person was under the age of twenty-one years on the date of the test
and the test results show a blood alcohol level of 0.02 percent or
above by weight, his driving privileges shall be suspended for one
hundred eighty days from the date of suspension.
(c) If the person submitted to the test and the test results
show a blood alcohol level of 0.20 percent or above by weight, his
driving privileges shall be suspended for two years from the date of
suspension on first offense violation and for four years from the date
of suspension for second offense violation.
(2) If the person had refused to submit to the test, his driving
privileges shall be suspended for one hundred eighty days from the date
of suspension on first refusal and five hundred forty-five days from
the date of suspension without benefit of eligibility for a hardship
license on the second and subsequent refusals occurring within five
years of the first refusal. However, if the person was under the
age of twenty-one years at the time of first refusal, his driver's
license shall be suspended one hundred eighty days from the date of
suspension.
(3)(a) However, any licensee who has had his license suspended
for a first or second offense of operating a motor vehicle while under
the influence of alcoholic beverages under the provisions of this
Subsection and who either refused to submit to the test or who
submitted to the test and the test showed a blood alcohol level of less
than 0.20 percent shall, upon proof to the Department of Public Safety
and Corrections that his motor vehicle has been equipped with a
functioning ignition interlock device, be immediately eligible for and
shall be granted a restricted license. In the event that the department
fails or refuses to issue the restricted driver's license, the district
court for the parish in which the licensee resides may issue an order
directing the department to issue the restricted license either by ex
parte order or after contradictory hearing.
(b) If the person submitted to the test as a result of a first
violation and the test results show a blood alcohol level of 0.20
percent or above by weight, he shall be eligible for a hardship license
during the entire period of the imposed two-year suspension after he
has provided proof that his motor vehicle has been equipped with an
ignition interlock device. A functioning ignition interlock device
shall remain installed on his motor vehicle during the first
twelve-month period of his driver's license suspension.
(c) If the person 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 shall be eligible for a hardship license
during the entire four-year period of the suspension after he has
provided proof that his motor vehicle has been equipped with an
ignition interlock device. A functioning ignition interlock device
shall remain installed on his motor vehicle during the first
three-years of the four-year period of his driver's license
suspension.
(4) Notwithstanding the provisions of R.S. 32:666(A), if the
person had refused to submit to the test in any case wherein a fatality
occurred or a person sustained serious bodily injury as a result of an
accident, his driving privileges shall be suspended for five hundred
forty-five days from the date of suspension without benefit of
eligibility for a hardship license.
C. The department shall develop a uniform statewide form for
temporary receipt of licenses which shall be used by all state and
local law enforcement officials. The form shall be issued in duplicate
to the person arrested to provide a means for him to request an
administrative hearing.
D.(1) Upon receipt of a request for an administrative hearing,
the department shall issue a document extending the temporary license,
which shall remain in effect until the completion of administrative
suspension, revocation, or cancellation proceedings. The department
shall promptly schedule such request for hearing.
(2)(a) No delay of the hearing shall be granted by the
department, unless requested in writing at least three days prior to
such hearing, and upon a showing of good cause for the delay.
However, in the case of an unforeseen emergency the secretary or
his designee may waive the requirement for a written request to be
submitted three days prior to the hearing in order to grant a
delay.
(b) A hearing granted by the department may be rescheduled only
once by the person seeking such hearing and in no event shall a hearing
be rescheduled for a date later than ninety days from the date of the
arrest.
(3) Oversight review of rules and regulations promulgated by the
secretary under the provisions of this Part shall be conducted by the
House Committee on Transportation, Highways and Public Works and the
Senate Committee on Transportation, Highways and Public Works.
E. The department shall provide for a hearing to determine
suspension or revocation of driving privileges , and said hearing shall
be held within ninety days of the date of arrest in all cases, unless
continued at the request of the driver.1
F. When a license has been suspended under the provisions of
this Section and the person is also convicted of or pleads guilty to an
offense arising out of the same occurrence, any suspension of license
imposed for such offense shall run concurrently with the suspension
provided by this Section and the total period of suspension shall not
exceed the longer of the two periods.
G. Notwithstanding the provisions of any other law, any person
whose license has been suspended under the provisions of this Section,
shall, after completion of the period of suspension, be required to pay
a reinstatement fee of fifty dollars to the department for the return
of his license.
H.(1) When any person's driver's license has been seized,
suspended, or revoked, and the seizure, suspension, or revocation is
connected to a charge or charges of violation of a criminal law, and
the charge or charges do not result in a conviction, plea of guilty, or
bond forfeiture, the person charged shall have his license immediately
reinstated and shall not be required to pay any reinstatement fee if at
the time for reinstatement of driver's license, it can be shown that
the criminal charges have been dismissed or that there has been a
permanent refusal to charge a crime by the appropriate prosecutor or
there has been an acquittal. If, however, at the time for
reinstatement, the licensee has pending against him criminal charges
arising from the arrest which led to his suspension or revocation of
driver's license, the reinstatement fee shall be collected. Upon
subsequent proof of final dismissal or acquittal, other than under
Article 893 or 894 of the Code of Criminal Procedure, the licensee
shall be entitled to a reimbursement of the reinstatement fee
previously paid. In no event shall exemption from this
reinstatement fee or reimbursement of a reinstatement fee affect the
validity of the underlying suspension or revocation.
(2) If a licensee qualifies for the exemption from the
reinstatement fee or for a reimbursement of the reinstatement fee as
provided in Paragraph (1) of this Subsection, the licensee shall
receive credit for the unexpired portion of the license which was
seized, and shall be exempt from the payment of, or shall receive
reimbursement for the payment of, the duplicate license fee and the
handling fee with regard to the license which was seized.
I.(1) In addition to any other provision of law, an ignition
interlock device shall be installed in any motor vehicle operated by
any of the following persons whose driver's license has been suspended
in connection with the following circumstances as a condition of the
reinstatement of such person's driver's license:
(a) Any person who has refused to submit to an approved chemical
test for intoxication, after being requested to do so, for a second
violation of R.S. 14:98, R.S. 14:98.1, or a parish or municipal
ordinance that prohibits operating a vehicle while intoxicated and
whose driver's license has been suspended in accordance with the
provisions of this Section.
(b) 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 the provisions of this Section for a second or
subsequent violation occurring within five years of the first
violation.
(c) Any person who is arrested for a violation of R.S. 14:98,
R.S. 14:98.1, or a parish or municipal ordinance that prohibits
operating a vehicle while intoxicated and is involved, as a driver, in
a traffic crash which involves moderate bodily injury or serious bodily
injury as defined in R.S. 32:666(A).
(d) Any person who is arrested for a violation of R.S. 14:98,
R.S. 14:98.1, or a parish or municipal ordinance that prohibits
operating a vehicle while intoxicated and a minor child twelve years of
age or younger was a passenger in the motor vehicle at the time of the
commission of the offense.
(2) As to any person enumerated in Paragraph (1) of this
Subsection, the ignition interlock device shall remain on the motor
vehicle for a period of not less than six months. The ignition
interlock device may be installed either prior to the reinstatement of
the driver's license, if the person has lawfully obtained a restricted
driver's license, or as a condition of the reinstatement of the
driver's license.
(3) The provisions of this Subsection shall not abrogate any
other provision of law regarding the installation and maintenance of
ignition interlock devices.
Acts 1983, No. 632, §1, eff. Jan. 1, 1984. Acts 1984, No. 409,
§1; Acts 1985, No. 194, §1, eff. July 6, 1985; Acts 1985, No. 816, §1;
Acts 1985, No. 572, §1; Acts 1990, No. 932, §1; Acts 1992, No. 605, §1;
Acts 1993, No. 17, §1, eff. May 18, 1993; Acts 1993, No. 453, §1; Acts
1994, 3rd Ex. Sess., No. 20, §2; Acts 1995, No. 516, §1; Acts 1995, No.
520, §2; Acts 1995, No. 1070, §1; Acts 1997, No. 1184, §1; Acts 1997,
No. 1296, §3, eff. July 15, 1997; Acts 1997, No. 1297, §1, eff. July
15, 1997; Acts 1999, No. 1212, §1; Acts 2000, 1st Ex. Sess., No. 91,
§1; Acts 2001, No. 781, §4, eff. Sept. 30, 2003; Acts 2001, No. 808,
§1; Acts 2003, No. 535, §3; Acts 2003, No. 800, §2.
1As appears in enrolled bill.
NOTE: Section 6 of Acts 2001, No. 781, provides that the
provisions of the Act shall become null and of no effect if and when
Section 351 of P.L. 106-346 regarding the withholding of federal
highway funds for failure to enact a 0.08 percent blood alcohol level
is repealed or invalidated for any reason.
§668.
Procedure following revocation
or denial of license; hearing; court review; review of final order;
restricted licenses
A. Upon suspending the license or permit to drive or nonresident
operating privilege of any person or upon determining that the issuance
of a license or permit shall be denied to the person, the Department of
Public Safety and Corrections shall immediately notify the person in
writing and upon his request shall afford him an opportunity for a
hearing based upon the department's records or other evidence admitted
at the hearing, and in the same manner and under the same conditions as
is provided in R.S. 32:414 for notification and hearings in the case of
suspension of licenses, except that the scope of such a hearing for the
purposes of this Part shall cover the following issues:
(1) Whether a law enforcement officer had reasonable grounds to
believe the person, regardless of age, had been driving or was in
actual physical control of a motor vehicle upon the public highways of
this state, or had been driving or was in actual physical control of a
motor-powered watercraft upon the public navigable waterways of this
state, while under the influence of either alcoholic beverages or any
abused substance or controlled dangerous substance as set forth in R.S.
40:964.
(2) Whether the person was placed under arrest.
(3) Whether he was advised by the officer as provided in R.S.
32:661.
(4) Whether he voluntarily submitted to an approved chemical
test and whether the test resulted in a blood alcohol reading of 0.08
percent or above by weight, or of 0.02 percent or above if he was under
the age of twenty-one years on the date of the test.
(5) Whether he refused to submit to the test upon the request of
the officer.
(6) Such additional matters as may relate to the legal rights of
the person, including compliance with regulations promulgated by the
Department of Public Safety and Corrections and rights afforded to the
person by law or jurisprudence.
B.(1)(a) 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 a showing
of proof satisfactory to the department that the suspension of driving
privileges would prevent the person from earning a livelihood, the
department may:
(i) Require the licensee to surrender his regular license and
issue in its stead at a cost to the person of fifty dollars plus the
cost of the license a special restricted operator's license designated
as such by a large red R printed on the face of the license, to be
effective for the remaining period of suspension.
(ii) Designate in writing, and upon application of the person to
amend as necessary, the routes over which and the times during which
the restricted licensee shall be permitted to operate designated motor
vehicles in order to earn his livelihood, which written restrictions
shall be attached to the restricted license and kept with it at all
times.
(b) No person who has refused a chemical test for intoxication
is eligible for a restricted license for the first ninety days of the
suspension. When a person submits to a chemical test and the
results show a blood alcohol level of 0.08 percent or above by weight,
or of 0.02 percent or above if the person was under the age of
twenty-one years on the date of the test, he is not eligible for a
restricted license for the first thirty days of the suspension.
(c) However, any licensee who has had his license suspended for
a first or second offense of operating a motor vehicle while under the
influence of alcoholic beverages under the provisions of this
Subsection, shall, upon proof to the Department of Public Safety and
Corrections, be immediately eligible for and shall be issued a
restricted license. In the event that the department fails or
refuses to issue the restricted driver's license, the district court
for the parish in which the licensee resides may issue an order
directing the department to issue the restricted license either by ex
parte order or after contradictory hearing.
(2) However, the department shall immediately cancel and seize
the restricted license upon receiving satisfactory evidence of
violation of the restrictions, and no person shall have driving
privileges of any kind for a period of six months from the receipt by
the department of the cancelled restricted license.
C. After a person has exhausted his remedies with the
department, he shall have the right to file a petition in the
appropriate court for a review of the final order of suspension or
denial by the Department of Public Safety and Corrections in the same
manner and under the same conditions as is provided in R.S. 32:414 in
the cases of suspension, revocation, and cancellation of licenses.
The court in its review of the final order of suspension or
denial by the Department of Public Safety and Corrections may exercise
any action it deems necessary under the law including ordering the
department to grant the person restricted driving privileges where
appropriate as provided in Subsection B of this Section.
Acts 1983, No. 632, §1, eff. Jan. 1, 1984. Acts 1984, No. 409,
§1; Acts 1985, No. 194, §1, eff. July 6, 1985; Acts 1985, No. 816, §1;
Acts 1985, No. 572, §1; Acts 1990, No. 932, §1; Acts 1992, No. 605, §1;
Acts 1993, No. 17, §1, eff. May 18, 1993; Acts 1993, No. 453, §1; Acts
1994, 3rd Ex. Sess., No. 20, §2; Acts 1995, No. 516, §1; Acts 1995, No.
520, §2; Acts 1995, No. 1070, §1; Acts 1997, No. 1184, §1; Acts 1997,
No. 1296, §3, eff. July 15, 1997; Acts 1997, No. 1297, §1, eff. July
15, 1997; Acts 1999, No. 1146, §1; Acts 1999, No. 1212, §1; Acts 2000,
1st Ex. Sess., No. 91, §1; Acts 2001, No. 781, §4, eff. Sept. 30, 2003;
Acts 2001, No. 886, §1.
NOTE: Section 6 of Acts 2001, No. 781, provides that the provisions of the Act shall become null and of no effect if and when Section 351 of P.L. 106-346 regarding the withholding of federal highway funds for failure to enact a 0.08 percent blood alcohol level is repealed or invalidated for any reason.
§670.
Test results for persons
under the age of twenty-one; exclusion from official driving
record
The submission to a chemical test by any person under the age of twenty-one which indicates a blood alcohol level of at least 0.02 but less than 0.08 percent shall not be included on his official driving record. However, this provision shall not prohibit the use of those results for administrative purposes or for obtaining a conviction, or the use of a conviction obtained based on those results for any purpose allowed by law.
Acts 1999, No. 927, §1; Acts 2001, No. 781, §4, eff. Sept. 30, 2003.
NOTE: Section 6 of Acts 2001, No. 781, provides that the provisions of the Act shall become null and of no effect if and when Section 351 of P.L. 106-346 regarding the withholding of federal highway funds for failure to enact a 0.08 percent blood alcohol level is repealed or invalidated for any reason.
