§ 32:430 — Suspension, revocation, and denial of driving privileges; hardship license; insurance

Louisiana § 32:430

• Jurisdiction: Louisiana
• Title 32: Levees

Text

§430. Suspension, revocation, and denial of driving privileges; hardship license; insurance
rates
A.(1) Whenever any person who has not yet attained the age of nineteen, but who
is not younger than thirteen years of age, is convicted of any crime, offense, violation, or
infraction involving the possession, use, or abuse of alcohol or one or more controlled
dangerous substances, is convicted of any provision of R.S. 40:966 through 970 of the
Uniform Controlled Dangerous Substances Law, is convicted of any provision of the
Louisiana Racketeering Act, or is adjudicated delinquent for the commission of such offense,
the court in which the person was so convicted or adjudicated delinquent shall prepare and
send to the Department of Public Safety and Corrections, within ten days of the conviction
or adjudication, an order of denial of driving privileges for not less than ninety days but not
more than one year for the person convicted or adjudicated delinquent, or until he has
reached the age of eighteen years, whichever is longer. If the person convicted or adjudicated
delinquent is older than eighteen years, the order of denial shall be for not less than ninety
days nor more than one year.
(2) Whenever any person who has attained the age of nineteen is convicted of any
crime, offense, violation, or infraction involving the possession, use, or abuse of one or more
controlled dangerous substances, the court in which the person was convicted shall prepare
and send to the Department of Public Safety and Corrections, within ten days of the
conviction, an order of denial of driving privileges for not less than ninety days but not more
than one year for the person convicted.
(3) Whenever a person nineteen years of age or older is convicted of any felony
offense involving a possession violation of any provision of R.S. 40:966 through 970 of the
Uniform Controlled Dangerous Substances Law, or a violation of the Louisiana Racketeering
Act, the court in which the person is so convicted shall prepare and send to the Department
of Public Safety and Corrections, within ten days of the conviction, an order of denial of
driving privileges for the person so convicted.
B. In addition to any other authority to suspend driving privileges, the department
shall suspend all driving privileges or the right to apply for driving privileges of any person
upon receipt of an order of denial of driving privileges under this Section.
C. The suspension of driving privileges shall be imposed without hearing. Driving
privileges, or the right to apply for driving privileges, of the person shall be suspended as
provided in the following Paragraphs:
(1) Upon receipt of the first order denying driving privileges to a person under
Paragraph (A)(1) of this Section, the department shall suspend the driving privileges of that
person for not less than ninety days nor more than one year, or until the person whose driving
privileges were suspended reaches eighteen years of age, whichever is longer. If he is older
than eighteen years, his driving privileges shall be suspended for not less than ninety days
nor more than one year.
(2) Upon receipt of a second or subsequent order denying driving privileges to a
person under Paragraph (A)(1) of this Section, the department shall suspend the driving
privileges of that person for one year or until the person whose driving privileges were
suspended reaches nineteen years of age, whichever is longer.
(3) Upon receipt of an order denying driving privileges to a person under Paragraph
(A)(2) of this Section, the department shall suspend the driving privileges of that person for
not less than ninety days nor more than one year.
D. If the department receives notice from a court that it has withdrawn an order
issued under this Section, the department shall immediately reinstate any driving privileges
that have been suspended under this Section because of the issuance of the order.
E. The court, in addition to any other authority granted under this Section, may issue
an order which authorizes the department to issue a restricted driver's license after the first
thirty days of the suspension period upon a demonstration to the court's satisfaction that a
hardship would result from being unable to commute to either school or to work. The
restrictions of said license shall be determined by the court.
F.(1) Notwithstanding any restrictions imposed, in any case in which the applicant
for a restricted driver's license has had his driver's license suspended, revoked, or cancelled
upon conviction or entry of plea of guilty and sentence thereupon, or the forfeiture of bail if
the offense involved constituted operating or being in actual physical control of a motor
vehicle while under the influence of intoxicating beverages, or if the offense involved
possession, in violation of R.S. 40:966 through 970, of any controlled dangerous substance
listed in Schedules I, II, III, IV, or V of the Uniform Controlled Dangerous Substances Law,
or any drug offense as defined in R.S. 32:401, the court may, after the first thirty days of the
suspension period, additionally order that the applicant's restricted license include permission
to operate a motor vehicle on such streets as would enable him to go to and from meetings
of Alcoholics Anonymous and to go to and from approved group therapy or special education
courses for or about the disease of alcoholism, alcohol abuse, or drug abuse, in a suitable
public or private institution or program approved by the appropriate state authority.
(2) The receipt of such a restricted license may be conditioned upon:
(a) A medical evaluation and a recommendation that the convicted person is
pathologically addicted to alcohol and/or is a habitual alcoholic or other drug offender.
(b) On the condition that such convicted individual submit to medical treatment
and/or medically approved group therapy or special education courses for or about the
disease of alcoholism, alcohol abuse, or drug abuse, in a suitable public or private institution
or program approved by the appropriate state authority.
G. The provisions of Subsection F of this Section shall apply only to persons never
previously convicted of any offense listed in Subsection A of this Section. The provisions
of Subsection F of this Section shall apply to Class "D" and Class "E" licenses.
H. A copy of an order issued under Subsections F and G of this Section shall be sent
to the department along with a copy of the conviction or adjudication notice. A copy of the
order containing the restrictions shall be attached to the license of the person convicted or
adjudicated and shall be in the possession of the person whenever he is operating a motor
vehicle. A restricted license shall be issued by the department and designated by a large red
"R" printed on the face of the license. The term of the restrictions shall be the same as the
term of the original suspension, cancellation, or revocation.
I. A violation of the restrictions or a subsequent conviction or adjudication of
delinquency for the offenses stated in this Section during the term of the restricted license
shall result in the extension of the period of suspension for one year from the date upon
which the licensee would otherwise have been able to apply for a new license and shall also
constitute contempt of court. A suspension which results from such a violation, conviction,
or adjudication of delinquency shall not be subject to appeal as set forth in this Section. The
restricted driving privileges authorized by Subsections F and G of this Section may be
allowed to a person only once.
J. Any person whose license has been suspended by the department shall be notified
of such suspension in writing by the department. This notice shall be sent by certified mail
to the last address furnished by such person, and the person shall return his or her license to
the department within five days of receiving the notice. 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.
K. Any period of suspension under this Chapter shall begin upon receipt by the
department of the operator's license or proof of its loss, upon 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.
L. Upon the expiration of the period of the suspension 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.
Monies derived from this reinstatement fee shall be disbursed as set out in R.S.
32:414(G)(1)(b).
M. No insurer issuing a policy of automobile insurance covering property damages,
personal injury, or accidental death shall increase any rate or premium charges for insurance
coverage because of any suspension of a license under the provisions of this Section, unless
the crime, offense, violation, or infraction is directly related to the operation of a motor
vehicle. The provisions of this Subsection shall not be construed to prohibit the increase of
any automobile insurance rate or premium, pursuant to a rate increase which is approved by
the commissioner of insurance, for a class of insurance of which the person whose license
has been suspended pursuant to this Section is or becomes a member.
N.(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 Code of Criminal Procedure
Article 893 or 894, 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.

Legislative History

Acts 1988, No. 536, §§1, 2, eff. Jan. 1, 1989; Acts 1989, No. 42, §1; Acts 1989, No. 376, §1; Acts 1989, No. 432, §1; Acts 1991, No. 936, §1, eff. July 24, 1991; Acts 1992, No. 277, §1, eff. June 11, 1992; Acts 1992, No. 605, §1, Acts 1992, No. 1096, §1; Acts 1995, No. 520, §2; Acts 2001, No. 878, §1; Acts 2007, No. 459, §4, eff. Jan. 1, 2008.