Interlock Requirements and Hardship Licensing Kelly Simmons Louisiana Office of Motor Vehicles Public Safety Services Department of Public Safety

Topics of discussion Interlock as a Condition of Reinstatement License Restriction Types Hardship License Violations Restricted License Violations Act 605 New Procedure Hardship Eligibility

Interlock as a Condition of Reinstatement Scenarios that will require interlock as a condition of the reinstatement/issuance of the license: Refusal with a prior arrest or conviction on the OMV record Submit with a prior arrest or conviction within 10 years on the OMV record Arrest with a passenger 12 years of age or under. Arrest with serious bodily injury The interlock will be required for 6 months or the length of the suspension, whichever is longer. These licenses will be issued with a restriction code of “57”. The time of the requirement will not begin until the subject has brought their proof of interlock into a motor vehicle office and reinstates their license whether it is a regular interlock restricted license or a hardship restricted license with interlock. As the law states that they will be given credit for the time that they have an interlock restricted hardship license. Act 605 cannot be applied to a suspension until the interlock is submitted to OMV.

License Restriction Types “50” HARDSHIP RESTRICTED LICENSE. This restriction denotes an economic hardship license which allows the individual to drive under limited conditions as outlined in either the court order, the refusal interview or submit interview. The explanation to this restriction (court order or administrative documents) must be attached and carried with the license at all times. May only be issued on class D and E drivers.   “51” INTERLOCK DEVICE. Hardship license specifically issued with an interlock device. May only be issued on class D and E drivers. “57” INTERLOCK/CONDITION OF REINSTATEMENT. This restriction is added to an applicant that is required to have an ignition interlock device as a condition of reinstatement. (For a complete list of restriction go to www.expresslane.org, policy and procedure Section I policy # 13.00) The numeric code will be printed on the front of the license and a brief description on the back of the license.

License Restriction Types R.S. 32:378.2 states that If a person is required to operate a motor vehicle in the course and scope of his employment which does not have an approved ignition interlock device, and if the vehicle is owned by the employer, the court may allow the person who is prohibited from operating a motor vehicle without such a device to operate the employer's vehicle while actually in the course and scope of employment, if the employer has been notified by the person that the person's driving privilege has been restricted and if the person has proof of that notification and evidence of court approval in his possession or the notice, or a facsimile copy thereof, is with this vehicle.  The exemption provided by this Subsection shall not apply to any motor vehicle owned by a business entity which is all or partly owned or controlled by a person otherwise subject to this Subsection. This applies to hardships only. If the interlock is required as a condition of reinstatement then it is required in every vehicle being driven by the customer. No exceptions.   It is the responsibility of the customer to come back in to a Motor Vehicle Office and have the restrictions removed from their license upon expiration of the requirement. If the customer is stopped by law enforcement and these restrictions are still on the license, this may cause additional problems for the driver. Office of Motor Vehicles currently will not give a letter stating that it is okay to remove interlock. If a hardship license (50 or 51 restriction) is/was issued the requirements should be listed on the application, and if they are clearing the record and the interlock is required as a condition of reinstatement the information should be on the clearance letter.

Hardship Restricted License Violations “51” Any of the below will be considered a violation and will cause the license to be re-suspended. Premature removal of the interlock device Tampering with the interlock device The receipt of an alcohol related violation during the time period in which the subject is driving on the restricted license Conviction for operating a vehicle without the required device.   Submit/Refusal - R.S. 32:668 B (2): If the customer was issued the restricted license for a suspension under the implied consent law (submit/refusal) and any of the above violations are received, the license will be re-suspended for a period of six months in which the customer will not be eligible to receive any type of driving privileges. DWI/DUS – R.S.32:415.1 C: If the customer was issued the restricted license for a suspension of DWI or DUS (driving under suspension) and any of the above violations are received, the license will be re-suspended for an additional year and the customer will be eligible to receive a hardship license.

Restricted License Violation “57” Interlock As a Condition of Reinstatement – R.S. 32:667 J:   Premature removal of the interlock device Tampering with the interlock device If the above violations are reported to OMV the customer will be re-suspended until they provide the department with proof that the device has been reinstalled or the tampered device has been resolved and payment of the reinstatement fee has been collected. The time period that the device was originally required will be extended to account for the number of days out of compliance. If the interlock is required as a condition of reinstatement then it is required in every vehicle being driven by the customer. No exceptions.

RS 32:667 H (1) (ACT 605) When will the provisions of RS 32:667 H (1) not be invoked? It will not be applied to a suspension for refusing the chemical testing when the customer has a previous alcohol related offense. It may not be applied to a suspension that requires the customer to have an ignition interlock as a condition of reinstatement until they submit proof to the department that they have installed the interlock. The provisions of ACT 605 may be applied to the suspension of the non-commercial driving privileges of a commercial drivers license holder, however shall not be applied to the disqualification of commercial driving privileges.

Non Interlock Hardship Statute Violation Non Interlock Hardship Interlock Hardship 32:414 DWI 1st Offense No Yes DWI 2nd Offense Yes-After 45 days without license DWI 3rd or Subsequent Offense Yes-After 365 days without license DWI 1st, Bac .20+ Yes, after 1st yr of Susp. DWI 2nd, Bac .20+ Yes, after 3 years of susp. Veh Neg Injury 1st Offense 32:415 Violation of Revocation (DUS) suspended as a result of unpaid traffic violations Yes, must clear underlying suspensions Violation of Revocation (DUS) Alcohol Related 32:414A(2) Failure Stop School Bus 1st 32:414C & 414.1 Unlawful Use Driver's License 1st

Non Interlock Hardship Statute Violation Non Interlock Hardship Interlock Hardship 32:668 Refusal 1st Offense 90 days have been served without a license Yes No 32:378.2 Refusal 1st Offense Refusal 2nd Offense Refusal 3rd + Refusal Fatal/ Serious Injury Submit 1st Submit 1st Offense 30 days have been served without a license Submit 2nd + Submit 3rd + 32:667 Submit 1st, Bac .20+ Submit 2nd, Bac .20+

New Procedure OMV has developed a new form that will be required if a customer brings in their conviction and ask that we begin their suspension time immediately. It can be found on our website www.expresslane.org. It can be found under forms/study guides, then Drivers Management Bureau, then REQUEST FOR LICENSE SUSPENSION/DISQUALIFICATION. See attached also. This information is also published in our internal procedure.  

Policy and Procedure A complete list of Motor Vehicle Policies are available on our website @ www.expresslane.org

Discussion/questions???

Contact Info Kelly Simmons Office of Motor Vehicles/225.925.6146 Department of Public Safety and Corrections, Public Safety Services Kelly.Simmons@la.gov 225.922.2870 (non-public) www.expresslane.org