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2026 Regular Session
HOUSE BILL NO. 1032
BY REPRESENTATIVE WILEY
1 AN ACT
2 To amend and reenact R.S. 32:414(A)(1)(a), (B)(2)(a), (D)(1)(a), (I)(1), and (V), 661(A)(3),
3 896(A), and 1420, relative to substances involved in the violation of operating a
4 motor vehicle under the influence; to provide for uniform references to substances
5 involved in operating a motor vehicle under the influence; and to provide for related
6 matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 32:414(A)(1)(a), (B)(2)(a), (D)(1)(a), (I)(1), and (V), 661(A)(3),
9 896(A), and 1420 are hereby amended and reenacted to read as follows:
10 §414. Suspension, revocation, renewal, and cancellation of licenses; judicial review
11 A.(1)(a) The department shall suspend the license of any person for a period
12 of twelve months upon receiving, from any district, city, or municipal court, of this
13 state or of any other state, having traffic jurisdiction, or from any federal court or
14 magistrate having traffic jurisdiction, satisfactory evidence of the conviction or of
15 the entry of a plea of guilty or nolo contendere and sentence thereupon or of the
16 forfeiture of bail of any such person charged with the first offense for vehicular
17 negligent injuring, R.S. 14:39.1, or for operating a motor vehicle while under the
18 influence of beverages of high alcoholic content, of low alcoholic content, of
19 narcotic drugs, or of central nervous system stimulants any drug, combination of
20 drugs, or combination of alcohol and drugs, including those cases where a person's
21 sentence is suspended pursuant to Code of Criminal Procedure Article 893 or 894.
22 The department shall promptly investigate an allegation made by such licensee that
23 the suspension of his driving privileges will deprive him or his family of the
24 necessities of life, or will prevent him from earning a livelihood. If the department
25 so finds, it may reinstate the license of such licensee; however, such suspension and
26 reinstatement shall be considered as a first suspension and grant of restricted driving
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1 privileges for the purposes of R.S. 32:415.1, and the driving privileges of the
2 licensee shall be restricted as provided in R.S. 32:415.1 for a period of twelve
3 months from the date of conviction or the entry of a plea of guilty or nolo contendere
4 and sentence thereupon or of the forfeiture of bail. Notice of the restriction shall be
5 attached to the license.
6 * * *
7 B. The department shall forthwith suspend the license of any person, for a
8 period of twenty-four months, upon receiving satisfactory evidence of the conviction
9 or of the entry of a plea of guilty and sentence thereupon or of the forfeiture of bail
10 of any such person charged with any of the following crimes:
11 * * *
12 (2)(a) Conviction or the entry of a plea of guilty and sentence thereupon, or
13 of the forfeiture of bail of any such person on the second offense for vehicular
14 negligent injuring or for operating or being in actual physical control of a motor
15 vehicle while under the influence of intoxicating beverages, of central nervous
16 system stimulants or depressants, or of narcotic drugs or any other drug or substance
17 to a degree which renders him incapable of safely operating a motor vehicle any
18 drug, combination of drugs, or combination of alcohol and drugs, when any or all of
19 the offenses were the result of violations of a state law, a municipal ordinance, a
20 federal law, or any combination of them; however, any offense for vehicular
21 negligent injuring or for operating or being in actual physical control of a motor
22 vehicle while under the influence of alcoholic beverages which was committed more
23 than ten years prior to the commission of a subsequent such offense of operating or
24 being in actual physical control of a motor vehicle while under the influence of
25 alcoholic beverages shall not be considered in determining the number of such
26 offenses of operating or controlling a motor vehicle while under the influence of
27 alcoholic beverages which the person has committed.
28 * * *
29 D.(1)(a) The department shall suspend the license of any person for a period
30 of thirty-six months upon receiving satisfactory evidence of conviction, plea of
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1 guilty, or plea of nolo contendere, and sentence thereon, or of the forfeiture of bail
2 of any such person as determined by any court of jurisdiction as set forth in this
3 Section, with regard to a third or subsequent offense for vehicular negligent injuring
4 or for operating a motor vehicle while under the influence of beverages of alcoholic
5 content, of narcotic drugs, or of central nervous system stimulants any drug,
6 combination of drugs, or combination of alcohol and drugs. Third or subsequent
7 offenses for purposes of this Subsection does not refer to the criminal charge but
8 rather to the number of offenses resulting in conviction, guilty pleas, nolo contendere
9 pleas, or bond forfeitures within five years from date of first offense to the date of
10 third offense.
11 * * *
12 I.(1) The reinstatement fee for a license of a person who has been convicted
13 of or forfeited bond on or entered a plea of guilty or nolo contendere to a charge of
14 operating a motor vehicle while under the influence of beverages of high alcoholic
15 content, of low alcoholic content, of narcotic drugs, or of central nervous system
16 stimulants any drugs, combination of drugs, or combination of alcohol and drugs
17 shall be one hundred dollars if one conviction appears listed on his record prior to
18 application for reinstatement; two hundred dollars if two such convictions appear on
19 his record prior to application for reinstatement; and three hundred dollars for each
20 conviction on his record after the second conviction prior to application for
21 reinstatement, and the requirements of R.S. 32:896 relative to proof of financial
22 responsibility have been satisfied.
23 * * *
24 V.(1) The department shall suspend the license of a person for the same
25 period of time as provided in Subparagraphs (A)(1)(a), (B)(2)(a), and (D)(1)(a) of
26 this Section for the conviction or the entry of a plea of guilty and sentence thereupon,
27 or the forfeiture of bail of any such person charged with vehicular negligent injuring
28 committed while operating a watercraft or for operating a watercraft while under the
29 influence of beverages of high alcoholic content, of low alcoholic content, of
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1 narcotic drugs, or of central nervous system stimulants any drugs, combination of
2 drugs, or combination of alcohol and drugs.
3 (2) Any suspension or revocation of license due to the conviction or the entry
4 of a plea of guilty or nolo contendere and sentence thereupon or the forfeiture of bail
5 on the charge of vehicular negligent injuring or for operating a motor vehicle while
6 under the influence of beverages of high alcoholic content, of low alcoholic content,
7 of narcotic drugs, or of central nervous system stimulants any drugs, combination of
8 drugs, or combination of alcohol and drugs as provided for in this Section shall also
9 prohibit the operation or physical control of a watercraft upon the waterways of this
10 state during the time period of such suspension or revocation.
11 * * *
12 §661. Operating a vehicle under the influence of alcoholic beverages or illegal
13 substance or controlled dangerous substances; implied consent to chemical
14 tests; administering of test and presumptions
15 A.
16 * * *
17 (3) If the person is under twenty-one years of age, the test or tests shall be
18 administered at the direction of a law enforcement officer having reasonable grounds
19 to believe the person to have been driving or in actual physical control of a motor
20 vehicle upon the public highways of this state after having consumed alcoholic
21 beverages, any drug, combination of drugs, or combination of alcohol and drugs.
22 The law enforcement agency by which the officer is employed shall designate in
23 writing and under what conditions which of the tests shall be administered.
24 * * *
25 §896. Proof required upon certain convictions
26 A. When the director under Section 414(A) R.S. 32:414(A) or (B)(2) or
27 414(B)(2) of this Title suspends the license or nonresident operating privilege of any
28 person upon receipt of evidence of conviction, entry of guilty plea, or forfeiture of
29 bond of any person charged with operating a motor vehicle while under the influence
30 of intoxicating beverages, or narcotic drugs or stimulants of the central nervous
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1 system any drugs, combination of drugs, or combination of alcohol and drugs, or
2 under Section 667 of this Title R.S. 32:667 for refusal to submit to chemical tests of
3 blood, breath, urine, or other bodily substance for determining the alcoholic content
4 of his blood, no license shall be reinstated or reissued to the person unless such
5 person previously has given or immediately gives and thereafter maintains proof of
6 financial responsibility with respect to all motor vehicles registered by him and shall
7 show financial responsibility individually as a non-owner for a period of three years.
8 * * *
9 §1420. Enactment; text
10 The Driver License Compact is hereby enacted into law and entered into with
11 all other jurisdictions legally joining therein in the form substantially as follows:
12 DRIVER LICENSE COMPACT
13 ARTICLE I
14 Findings and declaration of policy
15 (a) The party states find that:
16 (1) The safety of their streets and highways is materially affected by the
17 degree of compliance with state and local ordinances relating to the operation of
18 motor vehicles.
19 (2) Violation of such a law or ordinance is evidence that the violator engages
20 in conduct which is likely to endanger the safety of persons and property.
21 (3) The continuance in force of a license to drive is predicated upon
22 compliance with laws and ordinances relating to the operation of motor vehicles, in
23 whichever jurisdiction the vehicle is operated.
24 (b) It is the policy of each of the party states to:
25 (1) Promote compliance with the laws, ordinances, and administrative rules
26 and regulations relating to the operation of motor vehicles by their operators in each
27 of the jurisdictions where such operators drive motor vehicles.
28 (2) Make the reciprocal recognition of licenses to drive and eligibility
29 therefor more just and equitable by considering the overall compliance with motor
30 vehicle laws, ordinances and administrative rules and regulations as a condition
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1 precedent to the continuance or issuance of any license by reason of which the
2 licensee is authorized or permitted to operate a motor vehicle in any of the party
3 states.
4 ARTICLE II
5 Definitions
6 As used in this compact:
7 (a) "State" means a state, territory or possession of the United States, the
8 District of Columbia, or the Commonwealth of Puerto Rico.
9 (b) "Home state" means the state which has issued and has the power to
10 suspend or revoke the use of the license or permit to operate a motor vehicle.
11 (c) "Conviction" means a conviction of any offense related to the use or
12 operation of a motor vehicle which is prohibited by state law, municipal ordinance
13 or administrative rule or regulation, or a forfeiture of bail, bond or other security
14 deposited to secure appearance by a person charged with having committed any such
15 offense, and which conviction or forfeiture is required to be reported to the licensing
16 authority.
17 ARTICLE III
18 Reports of conviction
19 The licensing authority of a party state shall report each conviction of a
20 person from another party state occurring within its jurisdiction to the licensing
21 authority of the home state of the licensee. Such report shall clearly identify the
22 person convicted; describe the violation specifying the section of the statute, code
23 or ordinance violated; identify the court in which action was taken; indicate whether
24 a plea of guilty or not guilty was entered, or the conviction was a result of the
25 forfeiture of bail, bond or other security; and shall include any special findings made
26 in connection therewith.
27 ARTICLE IV
28 Effect of conviction
29 (a) The licensing authority in the home state, for the purposes of suspension,
30 revocation or limitation of the license to operate a motor vehicle, shall give the same
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1 effect to the conduct reported, pursuant to Article III of this compact, as it would if
2 such conduct had occurred in the home state, in the case of convictions for:
3 (1) Manslaughter or negligent homicide resulting from the operation of a
4 motor vehicle;
5 (2) Driving a motor vehicle while under the influence of intoxicating liquor
6 or a narcotic drug, or a narcotic drug, or under the influence of any other drug any
7 drug, combination of drugs, or combination of alcohol and drugs ;
8 (3) Any felony in the commission of which a motor vehicle is used;
9 (4) Failure to stop and render aid in the event of a motor vehicle accident
10 resulting in the death or personal injury of another.
11 (b) As to other convictions, reported pursuant to Article III, the licensing
12 authority in the home state shall give such effect to the conduct as is provided by the
13 laws of the home state.
14 (c) If the laws of a party state do not provide for offenses or violations
15 denominated or described in precisely the words employed in subdivision (a) of this
16 Article, such party state shall construe the denominations and descriptions appearing
17 in subdivision (a) hereof as being applicable to and identifying those offenses or
18 violations of a substantially similar nature and the laws of such party state shall
19 contain such provisions as may be necessary to ensure that full force and effect is
20 given to this Article.
21 ARTICLE V
22 Applications for new licenses
23 Upon application for a license to drive, the licensing authority in a party state
24 shall ascertain whether the applicant has ever held, or is the holder of a license to
25 drive issued by any other party state. The licensing authority in the state where
26 application is made shall not issue a license to drive to the applicant if:
27 (1) The applicant has held such a license, but the same has been suspended
28 by reason, in whole or in part, of a violation and if such suspension period has not
29 terminated.
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1 (2) The applicant has held such a license, but the same has been revoked by
2 reason, in whole or in part, of a violation and if such revocation has not terminated,
3 except that after the expiration of one year from the date the license was revoked,
4 such person may make application for a new license if permitted by law. The
5 licensing authority may refuse to issue a license to any such applicant if, after
6 investigation, the licensing authority determines that it will not be safe to grant to
7 such person the privilege of driving a motor vehicle on the public highways.
8 (3) The applicant is the holder of a license to drive issued by another party
9 state and currently in force unless the applicant surrenders such license.
10 ARTICLE VI
11 Applicability of other laws
12 Except as expressly required by provisions of this compact, nothing
13 contained herein shall be construed to affect the right of any party state to apply any
14 of its other laws relating to licenses to drive to any person or circumstance, nor to
15 invalidate or prevent any driver license agreement or other cooperative arrangement
16 between a party state and a nonparty state.
17 ARTICLE VII
18 Compact administrator and interchange of information
19 (a) The head of the licensing authority of each party state shall be the
20 administrator of this compact for his state. The administrators, acting jointly, shall
21 have the power to formulate all necessary and proper procedures for the exchange
22 of information under this compact.
23 (b) The administrator of each party state shall furnish to the administrator of
24 each other party state any information or documents reasonably necessary to
25 facilitate the administration of this compact.
26 ARTICLE VIII
27 Entry into force and withdrawal
28 (a) This compact shall enter into force and become effective as to any state
29 when it has enacted the same into law.
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1 (b) Any party state may withdraw from this compact by enacting a statute
2 repealing the same, but no such withdrawal shall take effect until six months after
3 the executive head of the withdrawing state has given notice of the withdrawal to the
4 executive heads of all other party states. No withdrawal shall affect the validity or
5 applicability by the licensing authorities of states remaining party to the compact of
6 any report of conviction occurring prior to the withdrawal.
7 ARTICLE IX
8 Construction and severability
9 This compact shall be liberally construed so as to effectuate the purposes
10 thereof. The provisions of this compact shall be severable and if any phrase, clause,
11 sentence or provision of this compact is declared to be contrary to the constitution
12 of any party state or of the United States or the applicability thereof to any
13 government, agency, person or circumstance is held invalid, the validity of the
14 remainder of this compact and the applicability thereof to any government, agency,
15 person or circumstance shall not be affected thereby. If this compact shall be held
16 contrary to the constitution of any state party thereto, the compact shall remain in full
17 force and effect as to the remaining states and in full force and effect as to the state
18 affected as to all severable matters.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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