§ 162-247. Drug tests and mandatory revocation for positive results.

(a)

All applicants for a new or renewed driver's permit shall be required to take a drug test, at his or her expense, at a drug testing facility approved by the department of safety and permits.

(b)

The director of the department of safety and permits may periodically require the holder of any driver's permit issued under this article to take additional random drug tests to determine if such holder or driver uses any controlled dangerous substance as set forth in R.S. 40:961, et seq.

(c)

Upon being involved in an accident in a vehicle for hire, the operator of the vehicle for hire at the time of the accident must submit to drug testing within 24-hours of the accident.

(d)

Should any drug test prove positive for a controlled dangerous substance as set forth in R.S. 40:961, et seq., or any combination thereof, the driver's permit shall be summarily suspended pending a full revocation hearing. Proof of a positive test at such hearing shall result in a mandatory denial of an application for or renewal of a driver's permit or revocation of an existing driver's permit, unless he is able to assert an affirmative defense under section 162-247(e) below.

(e)

If a person testing positive has a valid and legal prescription for the medication for which he tested positive, such person may have an affirmative defense to revocation under the following limited circumstances. The prescription must be issued by a licensed physician, in compliance with the laws of the State of Louisiana. Further, the prescription must be accompanied by a written certification from the physician that he prescribed the medication, that the physician is familiar with the person's medical history (including drug and alcohol use and other medications), that the person has not been diagnosed with any substance abuse issue, and that the prescribed drug will not adversely affect that applicant's ability to operate a motor vehicle safely. Such affirmative defense is not applicable to any person who was issued a prescription under R.S. 40:1046.

(f)

Failure to take such a test or a determination by the testing facility that the person refused to comply with the instructions of the testing facility will result in the denial of an application for or renewal of a driver's permit or revocation of an existing driver's permit.

(Code 1956, § 12-54; M.C.S., Ord. No. 21480, § 5, 4-1-04; M.C.S., Ord. No. 24861, § 1, 4-19-12; M.C.S., Ord. No. 25328, § 1, 6-6-13; M.C.S., Ord. No. 26432, § 1, 6-4-15; M.C.S., Ord. No. 26595, § 1, 10-1-15)

State law reference

Drug testing, R.S. 49:1001 et seq.