§ 32:667 — Seizure of license; circumstances; temporary license

Louisiana § 32:667

• Jurisdiction: Louisiana
• Title 32: Levees

Text

§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 or 98.6, 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 the test and the 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, 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)(a) The temporary receipt shall also provide and serve as notice to the person that
he has not more than thirty 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.
(b) In the event the arrested person was unable to make a timely request for an
administrative hearing during the thirty day period provided for in Subparagraph (a) of this
Paragraph due to incarceration, hospitalization, or any other cause acceptable to the
department, the person may submit such documentation to the department which shall
establish the person's inability to timely request the administrative hearing. Any request for
an administrative hearing pursuant to this Subparagraph shall be submitted no later than
ninety days from the date of arrest. The department shall promulgate such rules as are
necessary to implement this Subparagraph including a rule defining what is acceptable
documentation to establish the person's inability to make a timely request for an
administrative hearing. The denial of an administrative hearing request made pursuant to this
Subparagraph may be reviewed in the same manner and under the same conditions as is
provided in R.S. 32:668(C).
(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 thirty 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 written request is not made by the end of the thirty-day period, the person's
license shall be suspended as follows:
(1)(a) 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 one
hundred eighty days from the date of suspension on first offense violation and for three
hundred sixty-five days from the date of suspension 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) If the person submitted to the test and the test results show a blood alcohol level
of 0.15 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 refused to submit to the test, his driving privileges shall be
suspended as follows:
(a) Except as otherwise provided in this Paragraph, one year from the date of
suspension on a refusal.
(b) One year, without benefit of eligibility for a hardship license, in the event that a
fatality occurred or a person sustained serious bodily injury as a result of an accident and the
person's intoxication is determined by a trier of fact to be the contributing factor of the
fatality or serious bodily injury.
(c)(i) Two years from the date of suspension on the second and subsequent refusal
occurring within ten years of the date of a refusal to submit to the test.
(ii) Two years from the date of suspension on the second and subsequent refusal
occurring within ten years of the date of a refusal to submit to the test, without the benefit
of eligibility for a hardship license in the event that a fatality occurred or a person sustained
serious bodily injury as a result of an accident and the person's intoxication is determined by
a trier of fact to be the contributing factor of the fatality or serious bodily injury.
(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 0.15 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 0.15 percent or above by weight, the person shall be eligible
for a hardship license during the entire period of the imposed two-year suspension after the
person 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 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 0.15 percent or above by weight, the person shall be
eligible for a hardship license during the entire four-year period of the suspension after the
person 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 four-year period of his driver's license suspension.
(4) For the purposes of this Section, driving privileges shall include, but not be
limited to, the operation or physical control of a watercraft upon the waterways of this state.
Any suspension or revocation of driving privileges 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 the suspension or revocation.
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. This form, or
a separate form, shall be issued 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 of
Public Safety and Corrections 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 of Public Safety and Corrections shall forward
the record of the case to the division of administrative law for a hearing within sixty days of
the receipt of the written request for an administrative hearing.
(2) 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 division of administrative law shall provide for a hearing to determine
suspension or revocation of driving privileges. A continuance may be granted for good cause
shown.
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)(a) 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 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.
(b) 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) 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.
(3) Paragraph (1) of this Subsection shall not apply to a person who refuses to submit
to an approved chemical test upon a second or subsequent arrest for R.S. 14:98 or 98.6, or
a parish or municipal ordinance that prohibits driving a motor vehicle while intoxicated.
However, this Paragraph shall not apply if the second or subsequent arrest occurs more than
ten years after the prior arrest. The department's records of arrests made for operating a
vehicle while intoxicated, as certified by the arresting officer pursuant to R.S. 32:666(B),
shall be used to determine the application of the provisions of this Paragraph. In the event
the suspension arising out of such arrest has been reversed or recalled including any reversal
or recall as a result of an administrative hearing or judicial review, then that arrest related to
that suspension shall not be used to determine if this Paragraph applies to a driver's license
reinstatement.
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 first, second, or subsequent arrest of R.S.
14:98 or 98.6 or a parish or municipal ordinance that prohibits operating a vehicle while
intoxicated and whose driver's license has been suspended in accordance with law.
(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 law for an arrest occurring within ten
years of the first arrest.
(c) Any person who is arrested for a violation of R.S. 14:98, 98.6, 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, 98.6, 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. When the driver's license is suspended as described
in this Subsection, the ignition interlock device shall remain on the motor vehicle for the
same period as the suspension, with credit for time when the interlock device was installed
and functioning as part of a restricted driver's license, or with credit for time when the
ignition interlock device is monitored in accordance with R.S. 32:378.2(M).
(3) The provisions of this Subsection shall not abrogate any other provision of law
regarding the installation and maintenance of ignition interlock devices.
(4) When an ignition interlock device is required as a condition of reinstatement, the
office of motor vehicles shall designate a restriction code and place such code on the license
of a driver who is required to have an ignition interlock installed and maintained as a
condition of reinstatement.
(5) The department's records of arrests made for operating a vehicle while
intoxicated, as certified by the arresting officer pursuant to R.S. 32:666(B), shall be used to
determine the application of the provisions of this Subsection. In the event the suspension
arising out of such arrest has been reversed or recalled, then that arrest related to that
suspension shall not be used to determine if this Subsection applies to a driver's license
reinstatement.
J. Upon notice to the department that a driver has prematurely removed or disabled,
or caused to be prematurely removed or disabled, an ignition interlock device required as
condition of reinstatement pursuant to Subsection I of this Section, the department shall mail
notice to the driver that his license is suspended until such time as the department receives
sufficient proof that the driver has had the ignition interlock device properly reinstalled and
paid all applicable reinstatement fees. Upon reinstatement, the driver shall receive credit
only for the time period when the ignition interlock device was installed and functioning.
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.

Legislative History

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; Acts 2007, No. 413, §1; Acts 2008, No. 647, §1; Acts 2009, No. 288, §§1, 2, eff. Sept. 1, 2009; Acts 2009, No. 513, §1; Acts 2010, No. 405, §1, eff. Jan. 1, 2011; Acts 2010, No. 844, §1; Acts 2012, No. 663, §1, eff. June 7, 2012; Acts 2013, No. 388, §3, eff. June 18, 2013; Acts 2014, No. 58, §1; Acts 2018, No. 291, §1; Acts 2019, No. 318, §1; Acts 2020, No. 40, §2, eff. June 4, 2020; Acts 2023, No. 409, §2; Acts 2023, No. 462, §2; Acts 2024, 2 nd Ex. Sess., No. 9, §2, eff. July 1, 2024.