Louisiana Ignition Interlock Device Laws

Louisiana Revised Statute § 32:378.2.A establishes that a court can require any person placed on probation for a first or second OWI, DWI, or DUI conviction to not operate a motor vehicle during the period of probation, unless the vehicle is equipped with a functioning ignition interlock device.

Under Louisiana Revised Statute § 32:378.2.B.(1), any person who has had their driver's license suspended, revoked, or canceled under any of the following conditions must be issued a restricted driver's license upon proof to the Department of Public Safety and Corrections that their motor vehicle has been equipped with a functioning ignition interlock device:

• First or second conviction (or plea of no contest) for OVI, DWI, or DUI
• Driving while under suspension, if the suspension was the result of a conviction for a first or second OVI, DWI, or DUI offense (or plea of no contest)
• Refusal to submit to a chemical test when suspected of OVI, DWI, or DUI
• Submitting to a chemical test to determine BAC where test results showed over 0.08 percent, or under 0.08 percent but the person was nevertheless convicted for a first or second OVI, DWI, or DUI

Under Louisiana Revised Statute § 32:378.2.B.(4), any person granted a restricted driver's license who tampers with, circumvents the operation of, or removes the ignition interlock device during the period for which the restricted license is granted will have their driving privileges suspended for up to one year and/or 20 days imprisonment, in addition to other imposed penalties.

Louisiana Revised Statute § 32:378.2.C. provides that no person with a restricted driving privilege can do any of the following:

• Rent, lease, or borrow a motor vehicle unless it is equipped with a functioning ignition interlock device.
• Request or solicit another person to blow into an ignition interlock device or to start a motor vehicle equipped with the device.
• Blow into an ignition interlock device or start a motor vehicle equipped with the device for the purpose of providing an operable motor vehicle to another person.
• Tamper with or circumvent the operation of an ignition interlock device.

Installation of ignition interlock devices, and the cost of maintaining them, often means that people have to pay hundreds of dollars. Certain defenses in some cases could help individuals have their criminal charges completely dismissed, and allow them to avoid driver's license consequences.

One of the primary issues with any BAC test concerns how the test was administered. Was the person who administered the test authorized by Louisiana state law?

You will want to examine the device that was used to administer the BAC test. These instruments have to be regularly maintained in order to function properly, and a law enforcement agency's failure to appropriately care for breath test equipment could lead to test results being invalidated.

Other issues could also be at play in your drunk driving stop. Did the officer have a legitimate reason for the initial traffic stop? Were you informed of the consequences of not complying with the state implied consent law?

Were you arrested in Louisiana for an alleged OWI, DWI, or DUI? You need to take quick legal action to try and preserve your ability to drive.

Attorney Norris, and the skilled team at The Norris Law Group, will work tirelessly to help you achieve the most favorable outcome to your case, that results in the fewest possible consequences. Call (318) 771-7000 or contact us online to take advantage of a confidential consultation. We have extensive experience helping people just like you avoid the harshest consequences of a DUI conviction, and we're ready to go to work on your behalf when you hire us.