LOUISIANA DEPARTMENT OF PUBLIC SAFETY OFFICE OF MOTOR VEHICLES Section: II Driver's License Laws Effective: 07/01/1986 Number: 4.00 Revised: 07/08/2005 SUSPENSION AND/OR DISQUALIFICATION DATES To view Louisiana Statutes: http://www.legis.state.la.us/ AUTHORITY R.S. 32:414(G)(N) R.S. 32:430(K) DEFINITION SUSPENSION PERIOD A SUSPENSION will suspend all driving privileges (Class A, B, C, D or E). An operator's license cannot be issued during the suspension period, unless the subject is eligible for a hardship operator's license (Class D or E only). A CDL operator's license (Class A, B, C) can be downgraded to a class D or E and then the applicant may be eligible for a hardship operator's license. For specific requirements for hardship eligibility, see Section II, Policy/Procedure # 30.0. DISQUALIFICATION PERIOD A DISQUALIFICATION will disqualify the CMV driving privileges only (Class A, B or C). A hardship operator's license cannot be issued for Class A, B or C. If there is no existing suspension/revocation or upon reinstatement of the suspension/ revocation, a Class D or E operator's license may be issued for the duration of the disqualification period. PROCEDURE SUBSEQUENT SUSPENSIONS AND/OR DISQUALIFICATION Most suspension and/or disqualification periods are to run consecutively; when one period of suspension and/or disqualification ends, the other begins. EXCEPTIONS: The following suspensions and /or disqualifications will run concurrently. The period to be served will be the longer of the two. 1) A DWI and a Refusal/Submit resulting from the same date. (Begin Dates must be the same.) 2) More than one conviction resulting from the same occurrence. 3) Accidents, affidavits (in lieu of, written promise or out-of-state) or any indefinite suspensions. REQUIREMENTS REFUSALS/SUBMITS Begin Dates: Upon expiration of the temporary license issued at the time of arrest (31st day after date of arrest); or Upon expiration of a previous suspension and/or disqualification; or Upon expiration of the temporary license issued for an Administrative Hearing; or Ten days from the date notification was mailed affirming the suspension, if the temporary permit has not expired. If temporary permit has expired, use the expiration date; or Upon surrender of the driver's license/temporary license or non-possession statement prior to the expiration of the temporary license; or If no temporary license was issued, the beginning date will be the date of arrest or upon expiration of the previous suspension and/or disqualification. MANDATORY CONVICTIONS Begin Dates: 31st day after the date of the official notice if driver's license is not on file; or Conviction date if the driver's license or non-possession is on file or if the driver's license is expired; or Upon expiration of previous suspension if the driver's license or non-possession is on file or if driver's license is expired; or On a DWI conviction with corresponding Submit or Refusal, dates will run concurrently. In this case, the begin date may be prior to the conviction date. COURT ORDERS (Definite/Indefinite Suspension Period) The suspension will begin using the suspension date indicated on the court order or, if not indicated in the order, the suspension period will begin on the date the order was signed by the judge regardless of any other suspension period currently being served. MEDICAL REASONS AND FAILED STANDARDS Begin Dates: 31st day after the date of the official notice; or The date shown in the Conviction date field if the driver's license or non-possession is on file or if driver's license is expired when medical reasons or failed standards is processed. AFFIDAVITS (In Lieu Of, Written Promise or Out-Of-State) Begin Dates: 31st day after the date of the official notice; or If an In Lieu of, the court date if the valid driver's license is attached, on file prior to or on the court date; or, the court date if the driver's license is expired prior to or on the court date. ACCIDENTS Begin Dates: 31st day after the date of the official notice. ADJUSTING DATES GIVEN DUE TO ACT 605 If proof of Act 605 is received prior to the BEGIN DATE of the suspension and/or disqualification period, the "Dates Given" must be removed.The "Dates Given" on any remaining suspensions and/or disqualifications must be adjusted accordingly. If proof of Act 605 is received for a conviction while the suspension and/or disqualification period is currently being served, the END DATE must be modified to the date Act 605 was received by the department. The "Dates Given" on any remaining suspension and/or disqualification must be adjusted accordingly. If proof of Act 605 is received after reinstatement, the suspension and/or disqualification dates given must remain. The suspension and/or disqualification period that has already been served cannot be applied to any other suspensions and/or disqualifications. EXCEPTION: If documentation has been received and it has been determined that the conviction was incorrectly processed due to a Court or Departmental error, the portion of the suspension and/or disqualification period that has already been served may be applied to any other remaining suspension and/or disqualification. The dates must be adjusted accordingly. NOTE: For specific procedures under the provisions of Act 605 see Section II, Policy/Procedure 6.1. MISCELLANEOUS When the END DATE of the suspension/disqualification is on a weekend or holiday, the suspension/disqualification can be reinstated on the preceding work day. The operator must modify the END DATE to be the date of reinstatement.