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Rs 32:414 Suspension, Revocation, Renewal, And Cancellation Of Licenses; Judicial Review

§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, regardless of

whether or not the person was sentenced 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 0.20 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 offense, if the offender had a blood alcohol concentration of 0.20

percent or greater, his driver's license shall be suspended for two years and he shall be issued

a restricted driver's license for the entire period of the suspension after he has provided proof

to the department that his motor vehicle is equipped with a functioning ignition interlock

device. A functioning ignition interlock device shall remain installed on his vehicle during

the first twelve-month period of the suspension of his driver's license.

(ii) Upon second offense, if the offender has a blood alcohol concentration of 0.20

percent or greater, his driver's license shall be suspended for four years. The offender shall

be eligible for a restricted license after a period of forty-five days of suspension for the

remainder of the four-year period of suspension after he 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 first

three-year period of the four-year period of the suspension of his driver's license.

(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 after a period of twelve months 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 six 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. The department may suspend the driving and motor vehicle registration privileges

of any person who pays taxes or fees to 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 notice of suspension is mailed to the licensee by the department.

The period of suspension shall begin thirty days after the date 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 in cash. No economic hardship license shall

be issued when a person's driving and motor vehicle registration privileges have been

suspended under 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.

(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.

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Local Government
Louisiana
3
1
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John Bel Edwards
John Bel Edwards
January 11, 2016 -
Democratic
1-225-342-4404
900 North 3rd Street, Baton Rouge, LA, 70802

Keywords
vehicle
motor
license
offense
operating
influence
beverages
alcoholic
restricted
licensee