ENROLLED
Page 1 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
ACT No. 592
Regular Session, 2012
HOUSE BILL NO. 781
BY REPRESENTATIVE PYLANT
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
test or tests be conducted of a person's blood, urine, or other bodily substance, or21
perform a chemical test of such person's breath, for the purpose of determining the22
alcoholic content of his blood and the presence of any abused substance or controlled23
substance as set forth in R.S. 40:964 in his blood in such circumstances. The officer24
may direct a person to submit to a breath test, and if indicated, an additional blood25
test for the purpose of testing for the presence of alcohol, abused substances, and26 ENROLLEDHB NO. 781
Page 2 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
controlled dangerous substances. A refusal of any such test or tests shall result in the1
suspension of driving privileges as provided by the provisions of this Part. A2
physician, physician assistant, registered nurse, emergency medical technician,3
chemist, nurse practitioner, or other qualified technician shall perform a chemical4
test in accordance with the provisions of R.S. 32:664 when directed to do so by a law5
enforcement officer.6
* * *7
(2) In all cases other than those in Paragraph (1) of this Subsection, a person8
under arrest for a violation of R.S. 14:98, R.S. 14:98.1, or other law or ordinance that9
prohibits operating a vehicle while intoxicated may refuse to submit to such10
chemical test or tests, after being advised of the consequences of such refusal as11
provided for in R.S. 32:661(C), subject to the following:12
* * *13
(3) In all cases where a person is under arrest for a violation of R.S. 14:98,14
R.S. 14:98.1, or other law or ordinance that prohibits operating a vehicle while15
intoxicated who refuses to submit to a chemical test or tests if he has refused to16
submit to a chemical test on two previous and separate occasions of any previous17
such violation shall be advised that the consequences of such refusal shall be subject18
to criminal penalties under the provisions of R.S. 14:98.2.19
* * *20
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: