2020 Regular Session ENROLLED
SENATE BILL NO. 322
BY SENATOR SMITH
1 AN ACT
2 To amend and reenact R.S. 14:98.7(A) and R.S. 32:661(C)(1)(d) and (e), 666(A)(1)(a)(i) and
3 (3), the introductory paragraph of 667(A), (C), (H)(3), and (I)(1)(a), (c), and (d), and
4 (2), the introductory paragraph of 667.1(A), and 669(A), to enact R.S. 32:661(D),
5 and to repeal R.S. 32:661(C)(1)(f), relative to tests for suspected drunken drivers; to
6 provide relative to chemical tests for intoxication required to be given to persons
7 suspected of operating a motor vehicle while intoxicated; to provide relative to
8 suspension of a driver's license for failure to submit to a chemical test for
9 intoxication; to provide relative to required notice to certain drivers suspected of
10 operating a motor vehicle while intoxicated; and to provide for related matters.
11 Be it enacted by the Legislature of Louisiana:
12 Section 1. R.S. 14:98.7(A) is hereby amended and reenacted to read as follows:
13 §98.7. Unlawful refusal to submit to chemical tests; arrests for driving while
14 intoxicated
15 A. No person under arrest for a violation of R.S. 14:98, or 98.6 98.1, or any
16 other law or ordinance that prohibits operating a vehicle while intoxicated, may
17 refuse to submit to a chemical test when requested to do so by a law enforcement
18 officer if he has refused to submit to such test on two previous and separate
19 occasions of any such violation.
20 * * *
21 Section 2. R.S. 32:661(C)(1)(d) and (e), 666(A)(1)(a)(i) and (3), the introductory
22 paragraph of 667(A), (C), (H)(3), and (I)(1)(a), (c), and (d) and (2), the introductory
23 paragraph of 667.1(A), and 669(A) are hereby amended and reenacted and R.S. 32:661(D)
24 is hereby enacted to read as follows:
25 §661. Operating a vehicle under the influence of alcoholic beverages or illegal
ACT No. 40
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1 substance or controlled dangerous substances; implied consent to
2 chemical tests; administering of test and presumptions
3 * * *
4 C.(1) When a law enforcement officer requests that a person submit to a
5 chemical test as provided for above, he shall first read to the person a standardized
6 form approved by the Department of Public Safety and Corrections. The department
7 is authorized to use such language in the form as it, in its sole discretion, deems
8 proper, provided that the form does inform the person of the following:
9 * * *
10 (d) That his driving privileges can be suspended if he submits to the chemical
11 test and the test results show a positive reading indicating the presence of any
12 controlled dangerous substance listed in R.S. 40:964. The department may exclude
13 this warning from the form required by this Paragraph until such time as a
14 suspension for a test result shows a positive reading indicating the presence of
15 any controlled dangerous substance listed in R.S. 40:964 is enacted by the
16 legislature.
17 (e) The name and employing agency of all law enforcement officers involved
18 in the stop, detention, investigation, or arrest of the person.
19 (f) That refusal to submit to a chemical test after an arrest for an offense of
20 driving while intoxicated if he has refused to submit to such test on two previous and
21 separate occasions of any previous such violation is a crime under the provisions of
22 R.S. 14:98.2 14:98.7 and the penalties for such crime are the same as the penalties
23 for first conviction of driving while intoxicated.
24 * * *
25 D. The notice issued to the person tested pursuant to R.S. 32:667 shall
26 include the name and employing agency of all law enforcement officers actively
27 participating in the stop, detention, investigation, or arrest of the person.
28 * * *
29 §666. Refusal to submit to chemical test; submission to chemical tests; exception;
30 effects of
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1 A.(1)(a)(i) When a law enforcement officer has probable cause to believe
2 that a person has violated R.S. 14:98, 98.1 98.6, or any other law or ordinance that
3 prohibits operating a vehicle while intoxicated, that person may not refuse to submit
4 to a chemical test or tests if he has refused to submit to such test or tests on two
5 previous and separate occasions of any previous such violation or in any case
6 wherein a fatality has occurred or a person has sustained serious bodily injury in a
7 crash involving a motor vehicle, aircraft, watercraft, vessel, or other means of
8 conveyance. Serious bodily injury means bodily injury which involves
9 unconsciousness, protracted and obvious disfigurement, or protracted loss or
10 impairment of the function of a bodily member, organ, or mental faculty, or a
11 substantial risk of death. The law enforcement officer shall direct that a chemical test
12 or tests be conducted of a person's blood, urine, or other bodily substance, or perform
13 a chemical test of such person's breath, for the purpose of determining the alcoholic
14 content of his blood and the presence of any abused substance or controlled
15 substance as set forth in R.S. 40:964 in his blood in such circumstances. The officer
16 may direct a person to submit to a breath test, and if indicated, an additional blood
17 test for the purpose of testing for the presence of alcohol, abused substances, and
18 controlled dangerous substances. A refusal of any such test or tests shall result in the
19 suspension of driving privileges as provided by the provisions of this Part. A
20 physician, physician assistant, registered nurse, licensed practical nurse, emergency
21 medical technician, chemist, nurse practitioner, or other qualified technician shall
22 perform a chemical test in accordance with the provisions of R.S. 32:664 when
23 directed to do so by a law enforcement officer.
24 * * *
25 (3) In all cases where a person is under arrest for a violation of R.S. 14:98,
26 98.1 98.6, or other law or ordinance that prohibits operating a vehicle while
27 intoxicated who refuses to submit to a chemical test or tests if he has refused to
28 submit to a chemical test on two previous and separate occasions of any previous
29 such violation shall be advised that the consequences of such refusal shall be subject
30 to criminal penalties under the provisions of R.S. 14:98.2 14:98.7.
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1 * * *
2 §667. Seizure of license; circumstances; temporary license
3 A. When a law enforcement officer places a person under arrest for a
4 violation of R.S. 14:98 or 98.1 98.6, or a violation of a parish or municipal ordinance
5 that prohibits operating a vehicle while intoxicated, and the person either refuses to
6 submit to an approved chemical test for intoxication, or submits to the test and the
7 test results show a blood alcohol level of 0.08 percent or above by weight or, if the
8 person is under the age of twenty-one, a blood alcohol level of 0.02 percent or above
9 by weight, the following procedures shall apply:
10 * * *
11 C. The department shall develop a uniform statewide form for temporary
12 receipt of licenses which shall be used by all state and local law enforcement
13 officials. The This form, or a separate form, shall be issued in duplicate to the
14 person arrested to provide a means for him to request an administrative hearing.
15 * * *
16 H.(1) * * *
17 (3) Paragraph (1) of this Subsection shall not apply to a person who refuses
18 to submit to an approved chemical test upon a second or subsequent arrest for R.S.
19 14:98 or 98.1 98.6, or a parish or municipal ordinance that prohibits driving a motor
20 vehicle while intoxicated. However, this Paragraph shall not apply if the second or
21 subsequent arrest occurs more than ten years after the prior arrest. The department's
22 records of arrests made for operating a vehicle while intoxicated, as certified by the
23 arresting officer pursuant to R.S. 32:666(B), shall be used to determine the
24 application of the provisions of this Paragraph. In the event the suspension arising
25 out of such arrest has been reversed or recalled including any reversal or recall as a
26 result of an administrative hearing or judicial review, then that arrest related to that
27 suspension shall not be used to determine if this Paragraph applies to a driver's
28 license reinstatement.
29 I.(1) In addition to any other provision of law, an ignition interlock device
30 shall be installed in any motor vehicle operated by any of the following persons
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1 whose driver's license has been suspended in connection with the following
2 circumstances as a condition of the reinstatement of such person's driver's license:
3 (a) Any person who has refused to submit to an approved chemical test for
4 intoxication, after being requested to do so, for a second arrest of R.S. 14:98 or 98.1
5 98.6 or a parish or municipal ordinance that prohibits operating a vehicle while
6 intoxicated and whose driver's license has been suspended in accordance with law.
7 * * *
8 (c) Any person who is arrested for a violation of R.S. 14:98, R.S. 14:98.1
9 98.6, or a parish or municipal ordinance that prohibits operating a vehicle while
10 intoxicated and is involved, as a driver, in a traffic crash which involves moderate
11 bodily injury or serious bodily injury as defined in R.S. 32:666(A).
12 (d) Any person who is arrested for a violation of R.S. 14:98, R.S. 14:98.1
13 98.6, or a parish or municipal ordinance that prohibits operating a vehicle while
14 intoxicated and a minor child twelve years of age or younger was a passenger in the
15 motor vehicle at the time of the commission of the offense.
16 (2) As to any person enumerated in Paragraph (1) of this Subsection, the
17 ignition interlock device shall remain on the motor vehicle for a period of not less
18 than six months. The ignition interlock device may be installed either prior to the
19 reinstatement of the driver's license, if the person has lawfully obtained a restricted
20 driver's license, or as a condition of the reinstatement of the driver's license. When
21 the driver's license is suspended as described in this Subsection, the ignition interlock
22 device shall remain on the motor vehicle for the same period as the suspension, with
23 credit for time when the interlock device was installed and functioning as part of a
24 restricted driver's license, or with credit for time when the ignition interlock
25 device is monitored in accordance with R.S. 32:378.2(M).
26 * * *
27 §667.1. Seizure of license upon arrest for vehicular homicide; issuance of
28 temporary license; suspension
29 A. When a law enforcement officer places a person under arrest for a
30 violation of R.S. 14:32.1 (vehicular homicide), and a certificate of arrest has not
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1 already been submitted to the office of motor vehicles pursuant to R.S.
2 32:666(B) for a submission or refusal to submit to the chemical test, the
3 following procedure shall apply:
4 * * *
5 §669. Suspension of nonresident's operating privilege; notification to state of
6 residence
7 A. When a nonresident driver submits to the chemical test, or refuses to
8 take an approved chemical test as provided for in R.S. 32:666 32:661 et seq., the
9 arresting officer or agency shall notify the department, which shall give information,
10 in writing, to the motor vehicle administrator of the state of the person's residence
11 and of any state in which he has a license.
12 * * *
13 Section 3. R.S. 32:661(C)(1)(f) is hereby repealed in its entirety.
14 Section 4. This Act shall become effective upon signature by the governor or, if not
15 signed by the governor, upon expiration of the time for bills to become law without signature
16 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
17 vetoed by the governor and subsequently approved by the legislature, this Act shall become
18 effective on the day following such approval.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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