HLS 12RS-874 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 781
BY REPRESENTATIVE PYLANT
DWI: Authorizes the use of multiple chemical tests
AN ACT1
To amend and reenact R.S. 32:666(A)(1)(a)(i), relative to chemical tests for suspected2
drunken drivers; to provide for the administration of multiple chemical tests; and to3
provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 32:666(A)(1)(a)(i) is hereby amended and reenacted to read as6
follows: 7
ยง666. Refusal to submit to chemical test; submission to chemical tests; exception;8
effects of9
A.(1)(a)(i) When a law enforcement officer has probable cause to believe10
that a person has violated R.S. 14:98, R.S. 14:98.1, or any other law or ordinance that11
prohibits operating a vehicle while intoxicated, that person may not refuse to submit12
to a chemical test, or tests, if he has refused to submit to such test, or tests, on two13
previous and separate occasions of any previous such violation or in any case14
wherein a fatality has occurred or a person has sustained serious bodily injury in a15
crash involving a motor vehicle, aircraft, watercraft, vessel, or other means of16
conveyance. Serious bodily injury means bodily injury which involves17
unconsciousness, protracted and obvious disfigurement, or protracted loss or18
impairment of the function of a bodily member, organ, or mental faculty, or a19
substantial risk of death. The law enforcement officer shall direct that a chemical20 HLS 12RS-874 ORIGINAL
HB NO. 781
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
test, or tests, be conducted of a person's blood, urine, or other bodily substance, or1
perform a chemical test of such person's breath, for the purpose of determining the2
alcoholic content of his blood and the presence of any abused substance or controlled3
substance as set forth in R.S. 40:964 in his blood in such circumstances. The officer4
may direct a person to submit to a breath test, and if indicated, an additional blood5
or urine test for the purpose of testing for the presence of alcohol, abused substances,6
and controlled dangerous substances. A refusal of any such test, or tests, shall result7
in the suspension of driving privileges as provided by the provisions of this Part. A8
physician, physician assistant, registered nurse, emergency medical technician,9
chemist, nurse practitioner, or other qualified technician shall perform a chemical10
test in accordance with the provisions of R.S. 32:664 when directed to do so by a law11
enforcement officer.12
* * *13
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Pylant HB No. 781
Abstract: Provides relative to the administration of multiple chemical tests for suspected
drunken drivers.
Present law provides that when a law enforcement officer has probable cause to believe that
a person has operated a vehicle while intoxicated, that person may not refuse to submit to
a chemical test if he has refused to submit to such test on two previous and separate
occasions of any previous such violation or in any case wherein a fatality has occurred or a
person has sustained serious bodily injury.
Proposed law authorizes the administration of multiple chemical tests of suspected drunken
drivers.
(Amends R.S. 32:666(A)(1)(a)(i))