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La. Rev. Stat. § 32:415.1 (2026)

Economic and medical hardship appeal of driver's license suspension

✓ current as of May 2026
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§415.1. Economic and medical hardship appeal of driver's license suspension

A.(1) Except as provided in R.S. 32:378.2(A), 414, 415(B)(2), and Paragraph (3) of this Subsection, upon suspension, revocation, or cancellation of a person's driver's license for the first time only as provided for under R.S. 32:414 and 415, the person, after initial notice from the department, shall have the right to apply to the department for a restricted license.  In the event that the department fails or refuses to issue the restricted license, the person shall have the right to file a petition for a restricted driver's license in the district court of the parish in which the applicant is domiciled.  Such application or petition for a restricted license shall allege that revocation of his driving privileges will deprive him or his family of the necessities of life, will prevent him from earning a livelihood, or prevent him from obtaining proper medical treatment if disabled.  The district court is vested with jurisdiction to set the matter for contradictory hearing in open court upon ten days written notice to the department, and thereupon to determine whether the allegations of hardship have merit.  Upon determination by the department or the court that the lack of a license would deprive the person or his family of the necessities of life or prevent the licensee from obtaining proper medical treatment if disabled, the department may grant or the court may order that the person be granted, by the department, a restricted license to enable the person to continue to support his family or to obtain such medical treatment as provided for in this Section.  The restrictions of said license shall be determined by the department or the court and shall include the following:

(a) Licensee shall be permitted to operate a motor vehicle only on such streets or watercraft on the waterways of the state as would enable him to earn his livelihood or for treatment of his debilitative condition as provided for in Subparagraph (e) of this Paragraph.

(b) Such operation is restricted to such times during which he is involved in earning a livelihood or for treatment of his debilitative condition as provided for in Subparagraph (e) of this Paragraph.

(c)  During the period of suspension, licensee shall be responsible for applying to the court in the event that either earning his livelihood or treatment of his debilitative condition as provided for in Subparagraph (e) of this Paragraph necessitates a change in the original restrictions proposed by the department or the court.

(d) Any other restrictions that the court determines to be necessary and proper.

(e) If the licensee is disabled and such disability is a physical impairment that substantially limits one or more of the major life activities of the licensee, such licensee shall be permitted to operate a motor vehicle only on such streets and at such times as would enable him to obtain medical treatment for his debilitative condition.

(f)  In addition to any other restrictions determined necessary and proper by the department or the court, a license ordered issued and restricted under this Section must include the requirement of installation and maintenance of an ignition interlock device upon a motor vehicle to be used by the licensee during the course of the term of the restricted license, when the suspension of driving privileges arises from operating a vehicle under the influence of alcoholic beverages.

(2) Notwithstanding the restrictions contained in Paragraph (1) of this Subsection, in any case in which the applicant for a restricted driver's license has had his driver's license suspended, revoked, or cancelled upon conviction or entry of plea of guilty and sentence thereupon, or the forfeiture of bail if the offense involved constituted operating or being in actual physical control of a motor vehicle while under the influence of intoxicating beverages, the court may additionally order that the applicant's restricted license include permission to operate a motor vehicle on such streets as would enable him to go to and from meetings of Alcoholics Anonymous and to go to and from approved group therapy or special education courses for or about the disease of alcoholism, alcohol abuse or drug abuse, in a suitable public or private institution or program approved by the appropriate state authority; provided however, that the receipt of such a restricted license may be conditioned upon (1) a medical evaluation and a recommendation that the convicted person is pathologically addicted to alcohol and/or a habitual alcoholic or other drug offender and (2) on the condition that such convicted individual submit to medical treatment and/or medically approved group therapy or special education courses for or about the disease of alcoholism, alcohol abuse or drug abuse, in a suitable public or private institution or program approved by the appropriate state authority; and the provisions of this Paragraph shall apply only to persons never previously convicted of operating or being in actual physical control of a motor vehicle while under the influence of intoxicating beverages.

(3) Any person whose driver's license is suspended, revoked, or cancelled for a first or subsequent violation of R.S. 32:415 may apply to the department or petition the district court for a restricted license as provided for in this Section if the original suspension, revocation, or cancellation of the driver's license resulted from a violation of R.S. 32:57.1.

B. A copy of the order shall be sent to the department along with a copy of the conviction notice. A copy of the order containing the restrictions shall be attached to the license of the person convicted and must be in possession of the person whenever he is operating a motor vehicle or watercraft. A restricted license shall be issued by the department and designated by a large red R printed on the face of the license. The term of the restrictions shall be the same as the term of the original suspension, cancellation, or revocation.

C. A violation of the restrictions or a subsequent conviction of any offense involving the operation of a motor vehicle or watercraft during the term of the restricted license shall result in the extension of the period of suspension, revocation, or cancellation for one year from the date upon which the licensee would otherwise have been able to apply for new license and shall also constitute contempt of court. Suspension, revocation, or cancellation that results from such a violation shall not be subject to appeal as set forth in this Section. Except as provided in R.S. 32:378.2(B), restricted driving privileges for this Section may be allowed to a person only once.

D. The provisions of this Section shall apply to Class "D" and Class "E" licenses.

Added by Acts 1976, No. 618, §2. Amended by Acts 1977, No. 243, §1, eff. July 7, 1977; Acts 1982, No. 822, §2; Acts 1991, No. 936, §1, eff. July 24, 1991; Acts 1995, No. 516, §1; Acts 2001, No. 398, §1; Acts 2004, No. 905, §1; Acts 2007, No. 413, §1; Acts 2009, No. 513, §1; Acts 2011, No. 35, §1, eff. August 15, 2011; Acts 2013, No. 213, §1, eff. August 1, 2013.

Notes of Decisions
Cited in 76 cases, 1977–2012 · leading case: Wheeler v. State, Dept. of Pub. Saf., Etc., 377 So. 2d 539 (La. Ct. App. 1979).
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Wheeler v. State, Dept. of Pub. Saf., Etc., 377 So. 2d 539 (La. Ct. App. 1979). · cites it 7× “R.S. 32:415.1, there were some suggestions in the briefs and at oral argument, that it may have been granted pursuant to La.”
Schott v. State ex rel. Dep't of Pub. Saf., 556 So. 2d 999 (La. Ct. App. 1990). · cites it 4× “32:414 and 668 clearly provide for two separate periods of suspension which may be imposed by the Department and the corresponding avenues to obtain relief from those suspensions are found in LSA-R.S. 32:415.1 and 668, respectively. Plaintiff herein was not convicted of the…”
Boe v. State, 558 So. 2d 1333 (La. Ct. App. 1990). · cites it 4× “R.S. 32:415.1. The trial court gave no reasons for dismissing plaintiff's petition.”
Perry v. State Dept. of Pub. Saf., Driver's L. Div., 353 So. 2d 318 (La. Ct. App. 1978). · cites it 7× “He brought this action to be granted restricted driving privileges pursuant to R.S. 32:415.1. The lower court rejected his demands in a well reasoned opinion which we adopt: "Petitioner has sought to have granted restricted driving privileges under the provisions of LSA-R.”
Dauzat v. Louisiana Dep't of Pub. Saf., Off. of Motor Vehs., 386 So. 2d 957 (La. Ct. App. 1980). · cites it 4× “This is a petition under LSA-R.S. 32:415.1 for a restricted driver’s license.”
Bamburg v. State, Dept. of Pub. Saf., License Control & Driver Improvement Div., 499 So. 2d 215 (La. Ct. App. 1986). · cites it 3× “Bamburg filed this suit to review the suspension and to get a hardship license under LSA-R.S. 32:415.1. The trial court granted the hardship license and DPS appeals devolutively.”
Smith v. State Through Dept. of Pub. Saf., 366 So. 2d 1318 (La. 1978). “R.S. 32:415.1, [*] and does not commit to them a carte blanche for the drafting of a post-revocation policy for the issuance of drivers' licenses.”
Allen v. State, Dept. of Pub. Saf., 554 So. 2d 207 (La. Ct. App. 1989). · cites it 2× “R.S. 32:415.1," a statute authorizing an "economic hardship" license during some forms of suspensions.”
Vaughn v. State, Dept. of Pub. Saf. & Corr., 566 So. 2d 1021 (La. Ct. App. 1990). · cites it 3× “R.S. 32:415.1. He also prayed for a temporary restraining order directing the Department of Public Safety to refrain from suspending Vaughn's license until a hearing could be held on the application for a restricted license.”
Smith v. State, 358 So. 2d 996 (La. Ct. App. 1978). · cites it 3× “R.S. 32:415.1 or, in the alternative, under La.”
Johnson v. State, Dep't of Pub. Saf., Driver's License Div., 390 So. 2d 925 (La. Ct. App. 1980). · cites it 3× “In January 1980 plaintiff filed a petition for a restricted driver’s license under LSA-R.S. 32:415.1, alleging that her license had been “revoked” and alleging economic hardship.”
Howard v. Louisiana Dept. of Pub. Saf., 360 So. 2d 228 (La. Ct. App. 1978). · cites it 6× “Plaintiff seeks a restricted driver's license under LSA-R.S. 32:415.1. From a judgment dismissing his petition, plaintiff has appealed.”
Show all 76 citing cases →
La. Rev. Stat. § 32:415.1(0): 1 case
Matranga v. Louisiana Dep't of Pub. Saf., 486 So. 2d 1043 (La. Ct. App. 1986).
La. Rev. Stat. § 32:415.1(A): 2 cases
Spataro v. State, Dept. of Pub. Saf. & Corr., 577 So. 2d 795 (La. Ct. App. 1991).
Nasello v. State, Dep't of Pub. Saf., 953 So. 2d 87 (La. Ct. App. 2007).
La. Rev. Stat. § 32:415.1(A)(1): 9 cases
Boe v. State, 558 So. 2d 1333 (La. Ct. App. 1990). “R.S. 32:415.1. The trial court gave no reasons for dismissing plaintiff's petition.”
Spataro v. State, Dept. of Pub. Saf. & Corr., 577 So. 2d 795 (La. Ct. App. 1991).
Jack v. State, Dep't of Pub. Saf., 635 So. 2d 520 (La. Ct. App. 1994).
Jackson v. State, Dep't of Pub. Saf., Driver's License Div., 349 So. 2d 1319 (La. Ct. App. 1977).
McLean v. Dep't of Pub. Saf. & Corr., 572 So. 2d 1066 (La. Ct. App. 1990).
La. Rev. Stat. § 32:415.1(A)(2): 3 cases
Perry v. State Dept. of Pub. Saf., Driver's L. Div., 353 So. 2d 318 (La. Ct. App. 1978). “He brought this action to be granted restricted driving privileges pursuant to R.S. 32:415.1. The lower court rejected his demands in a well reasoned opinion which we adopt: "Petitioner has sought to have granted restricted driving privileges under the provisions of LSA-R.”
Jackson v. State, Dep't of Pub. Saf., Driver's License Div., 349 So. 2d 1319 (La. Ct. App. 1977).
Matranga v. Louisiana Dep't of Pub. Saf., 486 So. 2d 1043 (La. Ct. App. 1986).
La. Rev. Stat. § 32:415.1(B): 1 case
Spataro v. State, Dept. of Pub. Saf. & Corr., 577 So. 2d 795 (La. Ct. App. 1991).
La. Rev. Stat. § 32:415.1(C): 2 cases
Clarke v. State, Dep't of Pub. Saf. License Control Div., 415 So. 2d 326 (La. Ct. App. 1982).
Ghirmu v. State Dep't of Pub. Saf., 520 So. 2d 1318 (La. Ct. App. 1988).
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