HLS 12RS-874 REENGROSSED
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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), (2)(introductory paragraph), and (3), relative2
to chemical tests for suspected drunken drivers; to provide for the administration of3
multiple chemical tests; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 32:666(A)(1)(a)(i), (2)(introductory paragraph), and (3) are hereby6
amended and reenacted to read as 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 REENGROSSED
HB NO. 781
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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
test for the purpose of testing for the presence of alcohol, abused substances, and6
controlled dangerous substances. A refusal of any such test or tests shall result in the7
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
(2) In all cases other than those in Paragraph (1) of this Subsection, a person14
under arrest for a violation of R.S. 14:98, R.S. 14:98.1, or other law or ordinance that15
prohibits operating a vehicle while intoxicated may refuse to submit to such16
chemical test or tests, after being advised of the consequences of such refusal as17
provided for in R.S. 32:661(C), subject to the following:18
* * *19
(3) In all cases where a person is under arrest for a violation of R.S. 14:98,20
R.S. 14:98.1, or other law or ordinance that prohibits operating a vehicle while21
intoxicated who refuses to submit to a chemical test or tests if he has refused to22
submit to a chemical test on two previous and separate occasions of any previous23
such violation shall be advised that the consequences of such refusal shall be subject24
to criminal penalties under the provisions of R.S. 14:98.2.25
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HB NO. 781
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
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 and persons under arrest for offenses involving the operation of a
vehicle while intoxicated.
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.
Present law further provides that when a person is under arrest for a violation of operating
a vehicle while intoxicated, that person may refuse to submit to a chemical test, after being
advised of the consequences of his refusal.
Proposed law authorizes the administration of an additional blood test for suspected drunken
drivers. Provides that a refusal of such test or tests shall result in the suspension of driving
privileges.
(Amends R.S. 32:666(A)(1)(a)(i), (2)(intro. para.), and (3))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Administration of Criminal
Justice to the original bill.
1. Amended provision relative to the administration of additional chemical tests to
exclude urine tests.
House Floor Amendments to the engrossed bill.
1. Added language to amend present law provisions regarding a person's refusal to
submit to a chemical test when that person has been arrested for an offense
involving operation of a vehicle while intoxicated.