§414. Suspension, revocation, renewal, and cancellation of licenses; judicial review
A.(1)(a) The department shall suspend the license of any person for a period of
twelve months upon receiving, from any district, city, or municipal court, of this state or of
any other state, having traffic jurisdiction, or from any federal court or magistrate having
traffic jurisdiction, satisfactory evidence of the conviction or of the entry of a plea of guilty
or nolo contendere and sentence thereupon or of the forfeiture of bail of any such person
charged with the first offense for vehicular negligent injuring, R.S. 14:39.1, or for operating
a motor vehicle while under the influence of beverages of high alcoholic content, of low
alcoholic content, of narcotic drugs, or of central nervous system stimulants, including those
cases where a person's sentence is suspended pursuant to Code of Criminal Procedure Article
893 or 894. The department shall promptly investigate an allegation made by such licensee
that the suspension of his driving privileges will deprive him or his family of the necessities
of life, or will prevent him from earning a livelihood. If the department so finds, it may
reinstate the license of such licensee; however, such suspension and reinstatement shall be
considered as a first suspension and grant of restricted driving privileges for the purposes of
R.S. 32:415.1, and the driving privileges of the licensee shall be restricted as provided in
R.S. 32:415.1 for a period of twelve months from the date of conviction or the entry of a plea
of guilty or nolo contendere and sentence thereupon or of the forfeiture of bail. Notice of the
restriction shall be attached to the license.
(b) Any licensee who has had his driver's license suspended for 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 that his
motor vehicle has been equipped with a functioning ignition interlock device, be issued a
restricted driver's 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.
(c) Notwithstanding the provisions of Subparagraphs (a) and (b) of this Paragraph,
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 blood alcohol concentration of 0.15 percent or more by weight based on
grams of alcohol per one hundred cubic centimeters of blood, the following restrictions on
suspension and issuance of a restricted driver's license shall apply:
(i) Upon first conviction, if the offender had a blood alcohol concentration of 0.15
percent or greater, his driver's license shall be suspended for two years, and the offender shall
be issued a restricted driver's license for the entire period of the suspension after the offender
has provided proof to the department that his motor vehicle is equipped with a functioning
ignition interlock device. A functioning ignition interlock device shall remain installed on
his vehicle during the period of the suspension of his driver's license.
(ii) Upon second conviction, if the offender has a blood alcohol concentration of 0.15
percent or greater, his driver's license shall be suspended for four years. The offender shall
be eligible for a restricted license for the four-year period of suspension after the offender has
provided proof to the department that his motor vehicle is equipped with a functioning
ignition interlock device. A functioning ignition interlock device shall remain installed on
his vehicle during the four-year period of the suspension of his driver's license.
(d) When any person's driver's license has been suspended in connection to a first
offense violation of R.S. 14:98, the office of motor vehicles shall suspend the person's
driver's license consistent with the blood alcohol concentration reflected in the final case
disposition and sentencing minutes. The administrative suspension for any chemical test
submission shall be updated to be consistent with the blood alcohol concentration reflected
in the final case disposition and sentencing minutes.
(2) The department shall suspend the license of any person for a period of thirty days
upon a first conviction; sixty days upon a second conviction; and, one year upon a third
conviction for violation of R.S. 32:80(A)(1) relative to a failure to stop or passing a school
bus which is stopped for loading or unloading children.
(3)(a) The department shall forthwith suspend the license of any person thirty days
upon third violation, and sixty days upon fourth and any subsequent violation of R.S.
30:2531(A) or 2531.1 relative to litter violations.
(b) When a person in violation of the provisions of R.S. 30:2531(A) or 2531.1 has
failed to pay any penalty assessed in any previous violation of such Sections, his driver's
license shall be suspended sixty days upon third violation and one hundred twenty days upon
fourth and subsequent violation.
(c) The department shall promptly investigate an allegation made by such licensee
that the suspension of his driving privileges will deprive him or his family of the necessities
of life or will prevent him from earning a livelihood. If the department so finds, it may
reinstate the license of such licensee; however, such suspension and reinstatement shall be
considered as a first suspension and grant of restricted driving privileges for the purposes of
R.S. 32:415.1. However, nothing contained in this Paragraph (3) shall be construed as
limiting or prohibiting a district court from granting a hardship or restricted driver's license
for the full period of the suspension.
B. The department shall forthwith suspend the license of any person, for a period of
twenty-four months, upon receiving satisfactory evidence of the conviction or of the entry
of a plea of guilty and sentence thereupon or of the forfeiture of bail of any such person
charged with any of the following crimes:
(1) Manslaughter, vehicular homicide, third degree feticide, as provided in R.S.
14:32.8(A)(2), or negligent homicide resulting from the operation of a motor vehicle.
(2)(a) Conviction or the entry of a plea of guilty and sentence thereupon, or of the
forfeiture of bail of any such person on the second offense for vehicular negligent injuring
or for operating or being in actual physical control of a motor vehicle while under the
influence of intoxicating beverages, of central nervous system stimulants or depressants, or
of narcotic drugs or any other drug or substance to a degree which renders him incapable of
safely operating a motor vehicle, when any or all of the offenses were the result of violations
of a state law, a municipal ordinance, a federal law, or any combination of them; however,
any offense for vehicular negligent injuring or for operating or being in actual physical
control of a motor vehicle while under the influence of alcoholic beverages which was
committed more than ten years prior to the commission of a subsequent such offense of
operating or being in actual physical control of a motor vehicle while under the influence of
alcoholic beverages shall not be considered in determining the number of such offenses of
operating or controlling a motor vehicle while under the influence of alcoholic beverages
which the person has committed.
(b) Any licensee who has had his license suspended for operating a motor vehicle
while under the influence of alcoholic beverages under the provisions of this Subsection shall
be eligible to apply for a restricted driver's license after a period of forty-five days, upon
proof that his motor vehicle has been equipped with a functioning ignition interlock device.
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 by ex parte order or after contradictory hearing.
(3) Any felony in the commission of which a motor vehicle is used.
(4) Failure to stop and render aid as required under the laws of this state in the event
of a motor vehicle accident resulting in the death or personal injury of another.
(5) Conviction or forfeiture of bail upon three charges of reckless driving committed
within a period of twelve months.
C. The department shall forthwith suspend the license of any person upon receipt of
evidence satisfactory to the department of such person's violation of any of the provisions of
R.S. 32:414.1 constituting an unlawful use of a driver's license. The suspension for a first
violation shall be for a period of ninety days. The suspension for a second or subsequent
violation shall be for a period of twelve months. On a first offense violation, the department
is hereby authorized to issue a hardship driver's license to any person who has violated the
provisions of R.S. 32:414.1.
D.(1)(a) The department shall suspend the license of any person for a period of
thirty-six months upon receiving satisfactory evidence of conviction, plea of guilty, or plea
of nolo contendere, and sentence thereon, or of the forfeiture of bail of any such person as
determined by any court of jurisdiction as set forth in this Section, with regard to a third or
subsequent offense for vehicular negligent injuring or for operating a motor vehicle while
under the influence of beverages of alcoholic content, of narcotic drugs, or of central nervous
system stimulants. Third or subsequent offenses for purposes of this Subsection does not
refer to the criminal charge but rather to the number of offenses resulting in conviction,
guilty pleas, nolo contendere pleas, or bond forfeitures within five years from date of first
offense to the date of third offense.
(b) Any licensee who has had his license suspended for operating a motor vehicle
while under the influence of alcoholic beverages under the provisions of this Subsection shall
be eligible to apply for a restricted driver's license upon proof that his motor vehicle has been
equipped with a functioning ignition interlock device. The ignition interlock device shall
remain on the motor vehicle for not less than twelve months from the date the restricted
driver's license is granted. 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.
(c) Any licensee who is enrolled in a driving while intoxicated court or probation
program or sobriety court probation program certified by the Louisiana Supreme Court Drug
Court Office or the Louisiana Highway Safety Commission as part of a drug division
probation program as provided in R.S. 13:5304 and who is in good standing with the
presiding judge may, not less than forty-five days following suspension of his license and
upon order of the presiding judge to the department, be issued an ignition interlock restricted
license sufficient to maintain livelihood or allow the licensee to maintain the necessities of
life or to attend chemical dependency treatment sessions or meetings. The presiding judge
may revoke the restricted license, by order to the department, upon receiving satisfactory
evidence of violation of any restriction placed upon the licensee.
(2) Upon termination of the twenty-four month suspension set forth in this
Subsection, the person whose license has been suspended shall be reinstated, provided no
other suspension of license is outstanding and upon satisfaction of any financial
responsibility law requirements and upon payment of a reinstatement fee as required by this
Section.
E. The department may conduct an investigation to determine whether the license
shall be suspended, cancelled, or revoked upon a showing by its records or other sufficient
evidence that the licensee:
(1) Has committed an offense for which mandatory revocation of license is required.
(2) Has been involved as a driver in any accident resulting in the death or personal
injury of another or serious property damage.
(3) Has been convicted of or has forfeited bail for traffic offenses involving
movement of vehicles with such frequency as to indicate a disrespect for traffic laws and a
disregard for the safety of others.
(4) Is a habitually reckless or negligent driver of a motor vehicle.
(5) Is incompetent to drive a motor vehicle.
(6) Has permitted an unlawful or fraudulent use of such license.
(7) Has committed an offense in another state or federal jurisdiction which if
committed in this state would be grounds for suspension or revocation.
(8) Is afflicted with such mental or physical infirmities or disabilities as would
constitute grounds for refusal of a license.
F.(1) Upon the conclusion of such investigation, the person holding such
investigation shall prepare findings based upon the evidence received and considered. If the
findings are to the effect that the person referred to herein is incompetent or is unfit to
operate a motor vehicle upon any grounds upon which license may be refused as stated in
this Chapter, the department upon a review of such findings shall have authority to forthwith
revoke the license of such person, or if the findings are to the effect that the person therein
referred to has by reason of negligence or reckless driving endangered life, limb, or property
or has thereby caused loss of life or injury to person or property, the department upon a
review of such findings shall have power to suspend the license of such person for a period
not to exceed six months or may revoke such license and in either event shall require that
such license be surrendered to the department.
(2) For cause satisfactory to the department, it is hereby authorized to suspend,
cancel, or revoke the license of any person for a period of not more than one year.
(3) Any person whose license has been suspended, cancelled, or revoked by the
department shall be notified of such suspension, cancellation, or revocation in writing by the
department. This notice shall be sent by certified mail to the last address furnished by such
person, and the person within five days shall return his or her license to the department. The
notice shall also advise such person that he or she may obtain a special identification card
from the driver's license division of the Department of Public Safety and Corrections
pursuant to R.S. 40:1321.
(4) The failure on the part of any person to comply with this provision shall be
punishable as herein provided. Any person denied a license or whose license has been
suspended, cancelled, or revoked shall have the right to file an application within thirty days
thereafter for a hearing before the district court of the parish in which the applicant resides.
That court is vested with jurisdiction to set the matter for hearing in open court upon ten
days' written notice to the department and thereupon to determine whether the person is
entitled to a license or is subject to suspension, cancellation, or revocation of license under
the provisions of this Chapter. Appeal from the decision of the district court may be taken
to any court of competent appellate jurisdiction.
G. Any period of suspension or revocation under this Chapter shall begin upon
receipt by the department of the operator's license or proof of its loss, upon the expiration of
the operator's license, or thirty days after the date the notice of suspension is mailed to the
licensee by the department, whichever occurs first.
H. Except as provided in Subsections I and J of this Section, upon the expiration of
the period of the suspension or revocation of any license, the department shall return the
license to the licensee or in its discretion may issue him a new license but only after a
reinstatement fee of sixty dollars has been paid to the department and the requirements of
R.S. 32:896 relative to proof of financial responsibility have been satisfied. Ten dollars of
this fee shall be appropriated annually by the legislature for emergency medical services
(EMS) needs and expenses. The collecting agency shall make a monthly report of the EMS
funds collected under this provision to the state treasurer. The legislature shall appropriate
the total as follows: fifty percent to the Louisiana Department of Health for the operation of
emergency medical services, forty-five percent to the governing authority of the parish or
municipality of origin to be used for the governing authority's emergency medical services
and public safety needs, and five percent to the Department of Public Safety and Corrections
for expenses incurred in the administration of these fees.
I.(1) The reinstatement fee for a license of a person who has been convicted of or
forfeited bond on or entered a plea of guilty or nolo contendere to a charge of operating a
motor vehicle while under the influence of beverages of high alcoholic content, of low
alcoholic content, of narcotic drugs, or of central nervous system stimulants shall be one
hundred dollars if one conviction appears listed on his record prior to application for
reinstatement; two hundred dollars if two such convictions appear on his record prior to
application for reinstatement; and three hundred dollars for each conviction on his record
after the second conviction prior to application for reinstatement, and the requirements of
R.S. 32:896 relative to proof of financial responsibility have been satisfied.
(2) After deposit in the Bond Security and Redemption Fund under the provisions
of Article VII, Section 9 of the Constitution of Louisiana, an amount equal to forty dollars
of each reinstatement fee for a single conviction and ninety dollars of each reinstatement fee
for two or more convictions is hereby dedicated to the Department of Public Safety and
Corrections, public safety services, for traffic control and DWI programs and shall be
appropriated by the legislature each year for that purpose.
(3) Ten dollars of the fee levied under the provisions of this Subsection shall be paid
into the state general fund to be appropriated annually by the legislature for emergency
medical services (EMS) needs and expenses. The collecting agency shall make a monthly
report of the EMS funds collected under this provision to the state treasurer. The legislature
shall appropriate the total as follows: fifty percent to the Louisiana Department of Health for
the operation of emergency medical services, forty-five percent to the governing authority
of the parish or municipality of origin to be used for the governing authority's emergency
medical services and public safety needs, and five percent to the Department of Public Safety
and Corrections for expenses incurred in the administration of these fees.
J. If the suspension or revocation was due to mental or physical infirmities or
disabilities, when such physical infirmities or disabilities are not the result of alcohol or drug
abuse, upon the expiration of the period of the revocation of the license, the department shall
return the license to the licensee or in its discretion may issue him a new license but only
after a reinstatement fee in an amount equal to the issuance fees provided in R.S. 32:412 has
been paid to the department.
K.(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 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 Articles 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), 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.
(3) Reinstatement under this provision does not apply to the commercial driver's
license (CDL) disqualification of the license.
L. The department shall forthwith suspend the license of any person, for a period of
ninety days, upon receiving satisfactory evidence of conviction, plea of guilty, or nolo
contendere of any person charged with a violation of R.S. 14:333, if the court has ordered,
as part of the sentence, the suspension of such person's driving privileges.
M. Repealed by Acts 2008, No. 555, §1.
N.(1) The department may suspend the driving and motor vehicle registration
privileges of any person who pays taxes or fees either to the office of motor vehicles or to
a public license tag agent contracted with and acting on behalf of the office of motor vehicles
with a check which is subsequently dishonored for insufficient funds, if the person fails to
redeem the check within thirty days after the date that notice of suspension is mailed to the
licensee by the department. The period of suspension shall begin thirty days after the date
that the notice of suspension is mailed to the licensee by the department. Any license so
suspended shall remain suspended until all pending assessments against the person, including
a reinstatement fee provided for in Subsection H of this Section, have been paid.
(2) The department may suspend the driving and motor vehicle registration privileges
of any person who pays taxes or fees either to the office of motor vehicles or to a public
license tag agent contracted with and acting on behalf of the office of motor vehicles with
a credit or debit card or any form of electronic payment that is the subject of a chargeback,
if the person fails to make the required payment within thirty days after the date that notice
of suspension is mailed to the licensee by the department. The period of suspension shall
begin thirty days after the date that the notice of suspension is mailed to the licensee by the
department.
(3) The department shall promulgate rules as may be necessary to implement the
provisions of this Subsection.
O. The department shall suspend the driver's license of any person upon receiving
satisfactory evidence of conviction, plea of guilty, or nolo contendere of any person charged
with a violation of R.S. 14:67.17.
P. The department shall suspend the driver's license of any person, for a period of
six months, if it has received satisfactory evidence of conviction, plea of guilty, or nolo
contendere of any person charged with a violation of R.S. 14:100(C)(2).
Q. In accordance with Article 885.1 of the Code of Criminal Procedure, the
department shall suspend the driving privileges of the person upon receiving notification
from the court and sending the required notice to the person informing him of the suspension.
R.(1) The secretary of the Department of Public Safety and Corrections shall suspend
and deny the renewal of a taxpayer's driver's license when notified by the Department of
Revenue that the department has an assessment or judgment against the individual that has
become final and nonappealable, as provided in R.S. 47:296.2.
(2) The reinstatement and renewal of a taxpayer's driver's license shall be denied
until such time as the individual has paid or made arrangements to pay the delinquent tax,
interest, penalty, and all costs and the Department of Revenue notifies the Department of
Public Safety and Corrections, office of motor vehicles, of the payment or arrangement to
pay.
(3) The Department of Public Safety and Corrections, office of motor vehicles, shall
issue an economic hardship license, for a period of one year or until such time as the
individual has paid or made payment arrangements as described in Paragraph (2) of this
Subsection, whichever occurs first, when an individual's driver's license is suspended and has
not been renewed under the provisions of this Section.
S.(1) The department shall suspend the driver's license of any person upon receiving
a court order mandating such a suspension for a violation of R.S. 14:93.12.
(2) The department shall suspend the driver's license of any person upon receiving
a court order mandating such a suspension for a violation of R.S. 14:93.13.
T.(1) Upon notification of the first or second conviction under R.S. 32:295, the
department shall send written notification to the driver that the driver has thirty days from
the mailing of the notice to provide the department with a notarized affidavit stating he has
acquired an approved age- or size-appropriate child restraint system where applicable.
Should the driver fail to provide the department with the affidavit within thirty days of the
date of the mailing of the notice, the department shall suspend the license until such time that
the affidavit is produced and the driver has complied with all other requirements of
reinstatement as provided by law and department regulation.
(2) The department shall suspend the license of any person for a period of one
hundred eighty days upon notification of the third or subsequent conviction under R.S.
32:295. Reinstatement of licenses suspended pursuant to this Paragraph shall not occur until
the end of the one-hundred-eighty-day suspension period, and the person has provided the
department with a notarized affidavit stating he has acquired an approved age- or size-appropriate child restraint system where applicable and complied with all other requirements
of reinstatement as provided by law and department regulation.
(3) Any person whose license is suspended for a second or subsequent conviction
of R.S. 32:295 shall not be eligible to apply for or receive a hardship license.
U. The department shall deny or suspend the driver's permit or license of any person,
until his eighteenth birthday, who fails or refuses to present appropriate documentation that
the person has complied with R.S. 32:431.1 regarding mandatory school attendance or if the
department receives written notification pursuant to that provision that the person is a
dropout or is habitually absent or tardy.
V.(1) The department shall suspend the license of a person for the same period of
time as provided in Subparagraphs (A)(1)(a), (B)(2)(a), and (D)(1)(a) of this Section for the
conviction or the entry of a plea of guilty and sentence thereupon, or the forfeiture of bail of
any such person charged with vehicular negligent injuring committed while operating a
watercraft or for operating a watercraft while under the influence of beverages of high
alcoholic content, of low alcoholic content, of narcotic drugs, or of central nervous system
stimulants.
(2) Any suspension or revocation of license due to the conviction or the entry of a
plea of guilty or nolo contendere and sentence thereupon or the forfeiture of bail on the
charge of vehicular negligent injuring or for operating a motor vehicle while under the
influence of beverages of high alcoholic content, of low alcoholic content, of narcotic drugs,
or of central nervous system stimulants as provided for in this Section shall also prohibit the
operation or physical control of a watercraft upon the waterways of this state during the time
period of such suspension or revocation.
W. The department may suspend the license of any person for a period of two years
upon receiving satisfactory evidence of a conviction, plea of guilty, or plea of nolo
contendere for a violation of R.S. 32:58 when the operator fails to maintain control of the
vehicle because of falling asleep and when such operation directly or proximately causes the
death of a human being.
Acts 1992, No. 327, §2; Acts 1992, No. 605, §1; Acts 1992, No. 831, §1; Acts 1992,
No. 941, §1; Acts 1992, No. 947, §2; Acts 1993, No. 842, §1; Acts 1994, 3rd Ex. Sess., No.
20, §2; Acts 1995, No. 198, §1, eff. June 14, 1995; Acts 1995, No. 516, §1; Acts 1995, No.
520, §2; Acts 1995, No. 797, §1; Acts 1997, No. 1184, §1; Acts 1997, No. 1296, §3, eff. July
15, 1997; Acts 1997, No. 1455, §1; Acts 1998, 1st Ex. Sess., No. 148, §4; Acts 1999, No.
778, §1; Acts 2000, 1st Ex. Sess., No. 91, §1; Acts 2001, No. 812, §2; Acts 2001, No. 878,
§1; Acts 2003, No. 188, §1; Acts 2003, No. 364, §2; Acts 2003, No. 453, §1, eff. Jan. 1,
2004; Acts 2003, No. 535, §3; Acts 2003, No. 950, §2, eff. Jan. 1, 2004; Acts 2005, No. 165,
§2; Acts 2007, No. 413, §1; Acts 2008, No. 300, §1, eff. June 1, 2009; Acts 2008, No. 555,
§1; Acts 2008, No. 688, §2, eff. June 1, 2009; Acts 2009, No. 224, §1, eff. June 1, 2009; Acts
2009, No. 513, §1; Acts 2010, No. 403, §1; Acts 2010, No. 409, §1; Acts 2010, No. 963, §1;
Acts 2012, No. 455, §2; Acts 2012, No. 470, §1, eff. June 1, 2012; Acts 2012, No. 663, §1,
eff. June 7, 2012; Acts 2014, No. 58, §1; Acts 2014, No. 458, §1; Acts 2014, No. 650, §1;
Acts 2016, No. 607, §1; Acts 2019, No. 271, §1; Acts 2022, No. 701, §1, eff. Jan. 1, 2023;
Acts 2023, No. 409, §2; Acts 2023, No. 462, §2; Acts 2024, 2 nd Ex. Sess., No. 9, §2, eff. July
1, 2024; Acts 2024, No. 156, §1.