Boudreaux v. Louisiana Dept. of Pub. Safety & Corr.

This criminal matter presented the res nova issue of whether a second arrest without a conviction for the charge of operating a vehicle while intoxicated (DWI) constitutes "a second violation of R.S. 14:98," which triggers the provisions of La. Rev. Stat. 32:667(I)(1)(a) (mandating the installation of an ignition interlock for the accused's refusal to submit to a chemical breath test following his arrest.) Plaintiff's license was suspended as a result of his refusal to take a breath test after his second arrest for DWI. When plaintiff was acquitted of this second DWI charge, he filed a rule to show cause why his license should not be immediately reinstated. Defendant-in-rule, Louisiana Department of Public Safety and Corrections, Office of Motor Vehicles (OMV), agreed plaintiff was entitled to have his license reinstated, but contended an ignition interlock device must be installed on his vehicle under La. Rev. Stat. 32:667(I)(1)(a) because of his refusal to submit to chemical testing after being arrested a second time for DWI. The District Court reinstated plaintiff's license without requiring an ignition interlock device, and the court of appeal affirmed, interpreting 'a second violation" as requiring a prior conviction. Upon review, the Supreme Court found that the second arrest on the charge of DWI was merely an allegation of a second violation, and did not constitute "a second violation of R.S. 14:98" in and of itself. The Court affirmed the lower courts' judgments reinstating plaintiff's license without restriction. View "Boudreaux v. Louisiana Dept. of Pub. Safety & Corr." on Justia Law