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LOUISIANA DEPARTMENT OF PUBLIC SAFETY OFFICE OF MOTOR VEHICLES Section: II Driver's License Laws Effective: 07/01/1986 Number: 11.00 Revised: 12/21/2009 SUBMIT / REFUSAL POLICY: To view Louisiana Statutes: http://www.legis.state.la.us/ AUTHORITY R.S. 32:667 R.S. 32:667(l) R.S. 32:668 R.S. 32:661 et al R.S. 32:414.2 (C)(2) 49 CFR Part 383 DEFINITIONS An arrest is classified as a Submit when a law enforcement officer places a person under arrest for operating a motor vehicle while intoxicated and the person submits to an approved chemical test for intoxication and such test results show a blood alcohol content over the legal limits. An arrest is classified as a Refusal when a law enforcement officer places a person under arrest for operating a motor vehicle while intoxicated and the person refuses to submit to an approved chemical test for intoxication. ACT 288 of the 2009 Legislative Session, amended R.S. 32:667B(2) by changing the length of the suspension period of driving privileges for the violation of refusal dated September 1, 2009, or after. It also included a violation of refusal 2nd w/ fatality or serious bodily injury. REQUIREMENTS Suspension Periods Law Violation Description BAC Suspension Period(violation date prior to 09/01/09) Suspension Period (violation date on or after 09/01/09 R.S. 32:667B(2) 1st Refusal (any age) / 1st Refusal/Out of State Driver License n/a 180 days (6 months) 1 year (365 days) R.S. 32:667B(2) 2nd Refusal (any age) / 2nd Refusal/Out of State Driver License n/a 1 1/2 year (545 days) 2 years (730 days) R.S. 32:667B(2) 3rd Refusal (any age) / 3rd Refusal/Out of State Driver License n/a 1 1/2 year (545 days) n/a R.S. 32:667B(2) Refusal 1st Fatality/Serious Injury n/a 1 1/2 year (545 days) 1 year (365 days) R.S. 32:667B(2) Refusal 2nd Fatality/Serious Injury n/a n/a 2 years (730 days) R.S. 32:414.2(A(1)(b)(i) Disq Refusal 894 n/a n/a n/a R.S. 32:667B(1)(a)(b) 1st Submit (21 & over) / 1st Submit/Out of State Driver License .08 -.19 90 days (3 months) 90 days (3 months) R.S. 32:667B(1)(c) 1st Submit (any age) / 1st Submit/Out of State Driver License .20 or above 2 years (730 days) 2 years (730 days) R.S. 32:667B(1)(a)(b) Submit Underage (under 21) .02 -.19 180 days (6 months) 180 days (6 months) R.S. 32:667B(1)(a)(b) 2nd Submit (21 & over) / 2nd Submit/Out of State Driver License .08 -.19 1 year (365 days) 1 year (365 days) R.S. 32:667B(1)(c) 2nd Submit (any age) / 2nd Submit/Out of State Driver License .20 or above 4 years (1460 days) 4 years (1460 days) R.S.32:667B(1)(a)(b) 3rd Submit (21 and over) / 3rd Submit/Out of State Driver License .08 and above 1 year (365 days) 1 year (365 days) R.S. 32:414.2 CMV Submit .04 -.079 n/a n/a R.S. 32:414.2(A(1)(b)(i) Disq Submit 894 n/a n/a An Out-of-State Refusal/Submit received on an individual with a Louisiana driver's license while operating a private vehicle will not be processed. Disqualification Periods If a Refusal/Submit is received and a Commercial Motor Vehicle (CMV) was being operated or the operator holds a class A, B, or C driver's license while operating a private vehicle, the driver must also serve a disqualification period. Driving CMV Ist - 365 day (1 year) disqualification period. Driving CMV/Hazmat 1st - 1,095 day (3 year) disqualification period. Driving a private vehicle with a license class of A, B, or C - 365 day (1 year) disqualification period. A subsequent major conviction/violations received while operating a CMV or by an operator with a Class A, B, or C driver's license while operating a private vehicle requires a permanent disqualification period. See Section 2 Policy #3.00 Commercial Motor Vehicle Enforcement An Out-of-State Refusal/Submit received on an individual with a Louisiana driver's license while operating a commercial motor vehicle will be processed and requires the disqualification of the CMV privileges only. On or after April 1, 1992 requires a disqualification of the CMV driving privileges if the BAC was .04 or above and the offense occurred while operating a commercial motor vehicle. A Refusal/Submit which occurs in Louisiana and the person has an out-of-state operator's license and resides out-of-state will have to serve a mandatory suspension of the driving privileges. No disqualification of the CDL driving privileges will be served. METHOD OF COMPLIANCE Refusal Serve mandatory suspension and/or disqualification period of the driving privileges. File proof of financial responsibility (SR-22) for three (3) years from date of arrest. Pay $50.00 reinstatement fee, in addition to any other fee owed for other statutory requirements. Ignition interlock device installed in the vehicle may be required if certain criteria is met. (See section II policy 11.09 Ignition Interlock as a Condition of Reinstatement) Louisiana RS 32:407, amended in 2008, requires proof of completion of a 30-hour classroom driver education course or a 6-hour prelicensing course at the time of reinstatement for this violation for any driver who has an Intermediate License, 16 years of age with a 61 restriction. The course completion date must be after the date of violation. The 8-hour behind the wheel training is not required. Once the driver turns 17, however, the course is no longer required for reinstatement. Act 605 does not waive this requirement. Submit Serve mandatory suspension and/or disqualification period of the driving privileges. Pay $50.00 reinstatement fee, in addition to any other fee owed for other statutory requirements. Ignition interlock device installed in the vehicle may be required if certain criteria is met. (See section II policy 11.09 Ignition Interlock as a Condition of Reinstatement) Louisiana RS 32:407, amended in 2008, requires proof of completion of a 30-hour classroom driver education course or a 6-hour prelicensing course at the time of reinstatement for this violation for any driver who has an Intermediate License, 16 years of age with a 61 restriction. The course completion date must be after the date of violation. The 8-hour behind the wheel training is not required. Once the driver turns 17, however, the course is no longer required for reinstatement. Act 605 does not waive this requirement. Refusal/Submit Out of State Driver License Serve mandatory suspension period of the driving privileges. Pay $50.00 reinstatement fee, in addition to any other fee owed for statutory requirements. RELATED POLICIES Section II 3.00 Commercial Motor Vehicle Enforcement 4.00 Suspension and/or Disqualification Dates 6.01 Provisions of Act 605 11.09 Interlock As a Condition of Reinstatement 12.00 Processing SR22's and SR26's on DWI's and Refusals 30.00 Hardship License Requirements 36.00 Reinstatement Fees

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