The Louisiana Legislature is poised to launch the latest salvo in the war against drunk driving. State lawmakers are currently considering the passage of five separate bills, all of which are designed to strengthen the state's preexisting DWI laws.
From creating a mandatory two-year license suspension for those who cause the death of a fetus to restructuring the distribution of proceeds gained from the sale of repeat offenders' automobiles, these bills would significantly alter the landscape of Louisiana DUI law in the name of public safety.
Governor Bobby Jindal recently expressed support for these legislative efforts. In a statement released late last month, he spoke of the need to protect families and signaled his intention to make this legislation a top priority in the upcoming session.
"Safety remains a top priority in our efforts to move Louisiana forward. We have a duty to protect our communities and roads so families can raise their children in a safe environment. These new initiatives will crack down on reckless drunk drivers and make roads safer for our families."
The five bills were also approved by the governor's Vehicular Homicide Task Force.
The Proposed Legislation
HB 1240
The most discussed bill out of the five was introduced by Rep. Jonathan Perry, R-Kaplan. His bill (HB 1240) calls for a code to be placed on the driver's licenses of DWI offenders who have been ordered by the court to have an ignition interlock device installed on their vehicle as a condition of license reinstatement.
An ignition interlock device measures the blood alcohol content of a driver by having them blow into a mechanism attached to the ignition. If the device detects the slightest trace of alcohol, the car will not start.
Under current state law, law enforcement officials would not know that an ignition interlock device was required for a driver by merely glancing at their license. Only a full record scan through the Louisiana Office of Motor Vehicles would reveal this vital information. This loophole in Louisiana law could therefore enable someone driving another person's car to evade detection during a minor traffic stop or, more importantly, a DWI checkpoint.
A coded license would immediately alert law enforcement officials to the absence of the ignition interlock device and serve as a potential deterrent against deceptive practices by drivers. For example, many people will only install an ignition interlock device on one car and freely drive another car at their disposal. Others will go so far as to install ignition interlock devices on "clunkers" that they never drive.
In his released statement, Gov. Jindal expressed support for Rep. Perry's proposed legislation, stating that it "closes a gap in current law and makes much more unlikely that repeat offenders will illegally operate any vehicle under the influence because they will have a much better chance of being caught."
HB 1231
HB 1231, another bill authored by Rep. Perry, calls for "third degree fetal homicide" to be added to the list of offenses punishable by mandatory license suspension. If passed, those DUI offenders who cause an accident resulting in the death of an unborn child would lose their license for 2 years.
HB 1236
HB 1236, proposed by Rep. Walt Leger, D-New Orleans, would enable the Department of Public Safety & Corrections (DPS&C) to suspend the driver's licenses of DWI offenders who prematurely remove or disable ignition interlock devices. The suspension would continue until the DPS&C receives proof that the ignition interlock device has been reinstalled or reactivated. In addition, the suspension period would not count toward the total hours ordered by the court for the ignition interlock device. Currently, the DPS&C has no authority under Louisiana law to punish this type of conduct.
HB 1276
HB 1276, proposed by Rep. Rickey Hardy, D-Lafayette, would require all school bus drivers arrested for a DWI-related offense to report the arrest to their supervisor before the start of their next shift or within 24 hours, whichever time is shorter. Those who fail to report their arrest within the specified timeframe would be subject to varying degrees of punishment: School bus drivers employed under a probationary period would be terminated while tenured school bus drivers would be subject to a hearing that could result in either suspension or termination.
SB 686
SB 686, proposed by Sen. Willie Mount, D-Lake Charles, would alter the way that the proceeds gained from the sale of repeat DWI offenders' automobiles would be distributed. Currently, sales proceeds are first used to cover court costs and other expenses with the remainder going to the Council on Automobile Insurance Rates and Enforcement (CAIRE). Under Sen. Mount's proposed bill, the sales proceeds would first be used to cover court costs and other expenses with the remainder being divided between CAIRE (20 percent), the prosecutor's office (20 percent) and law enforcement (60 percent).
If you have questions about this proposed legislation or about your rights under current Louisiana law, you should strongly consider seeking experienced legal counsel. A skilled DWI defense attorney can answer all of your questions and fully address your pressing legal concerns.
