La. Admin. Code tit. 55 § III-451

Current through Register Vol. 50, No. 11, November 20, 2024

Section III-451 - Requirements to Receive Credit toward Suspension Time or Condition of Reinstatement Time

A. Effective August 1, 2019, an individual who had an ignition interlock device installed by an interlock manufacturer approved by Louisiana State Police, Applied Technology Unit, as a requirement of bail, a part of a pre-trial diversion program, or a term of suspended or deferred sentence pursuant to Code of Criminal Procedure Article 894, for an offense involving the operation of a motor vehicle while under the influence of alcohol, drugs, or a combination of alcohol and drugs and is arrested or subsequently convicted for such an offense, shall receive credit towards suspension time or any reinstatement requirement that may be imposed upon complying with the requirements of this Subchapter.

B. A person seeking to receive credit towards suspension time for having an approved and functioning ignition interlock device installed on the motor vehicle the person operates shall:

1. make a request at your local Office of Motor Vehicle;

2. submit the completed application for ignition interlock restriction form signed by the applicant;

3. submit documentation from the court having jurisdiction over the prosecution of the person for an offense involving the operation of a motor vehicle while under the influence of alcohol, drugs, or a combination of alcohol and drugs, or from the prosecutor administering the pre-trial diversion program, that the person is required to install an ignition interlock device on the motor vehicle as a requirement of the court or the prosecutor, as the case may be;

4. submit the completed form from the ignition interlock manufacturer verifying two or more of the following violations have not occurred within a 30-day period:

a. tampering with the ignition interlock device;

b. circumventing the ignition interlock device;

c. failure to bring the ignition interlock device in for required service;

d. failure to take or pass a re-test;

e. failure to pass a breath test;

f. use of the emergency override feature without justification;

g. unauthorized removal of the device.

C. Applicant may apply for a drivers license with the interlock restriction provided their record is valid status. They will be required to show the interlock installment/lease agreement, proof of registration and insurance, and will be required to pay a duplicate license fee to add the restriction to the drivers license.

La. Admin. Code tit. 55, § III-451

Promulgated by the Department of Public Safety and Corrections, Office of Motor Vehicles, LR 46187 (2/1/2020).

AUTHORITY NOTE: Promulgated in accordance with R.S. 32:378.2(M)