§ 32:666 — Refusal to submit to chemical test; submission to chemical tests; exception; effects

Louisiana § 32:666

• Jurisdiction: Louisiana
• Title 32: Levees

Text

§666. Refusal to submit to chemical test; submission to chemical tests; exception; effects
A.(1)(a)(i) When a law enforcement officer has probable cause to believe that a
person has violated R.S. 14:98, 98.6, or any other law or ordinance that prohibits operating
a vehicle while intoxicated, that person may not refuse to submit to a chemical test or tests
if he has refused to submit to such test or tests 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 in a crash involving a motor vehicle, aircraft, watercraft,
vessel, or other means of conveyance. Serious bodily injury means bodily injury which
involves unconsciousness, protracted and obvious disfigurement, or protracted loss or
impairment of the function of a bodily member, organ, or mental faculty, or a substantial risk
of death. The law enforcement officer shall direct that a chemical test or tests be conducted
of a person's blood, urine, or other bodily substance, or perform a chemical test of such
person's breath, for the purpose of determining the alcoholic content of his blood and the
presence of any drug, or combination of drugs, in his blood in such circumstances. The
officer may direct a person to submit to a breath test, and if indicated, an additional blood test
for the purpose of testing for the presence of alcohol, any drug, or combination of drugs. A
refusal of any such test or tests shall result in the suspension of driving privileges as provided
by the provisions of this Part. A physician, physician assistant, registered nurse, licensed
practical nurse, emergency medical technician, chemist, nurse practitioner, or other qualified
technician shall perform a chemical test in accordance with the provisions of R.S. 32:664
when directed to do so by a law enforcement officer.
(ii) As used in this Section "law enforcement officer" shall include but not be limited
to any commissioned local or state police officer, wildlife enforcement agent, sheriff, deputy
sheriff, marshal, deputy marshal, or state park warden.
(b) The law enforcement officer shall inform the person who is required to submit
to such testing of the consequences of a refusal to submit to any testing as required by this
Paragraph.
(c) Any person who refuses to submit to a chemical test as required by the provisions
of this Paragraph shall be fined not less than three hundred dollars nor more than one
thousand dollars and imprisoned for not less than ten days nor more than six months.
Imposition or execution of sentence shall not be suspended unless:
(i) The offender is placed on probation with a minimum condition that he serve two
days in jail and participate in a court-approved substance abuse program and participate in
a court-approved driver improvement program; or
(ii) The offender is placed on probation with a minimum condition that he perform
four eight-hour days of court-approved community service activities, at least half of which
shall consist of participation in a litter abatement or collection program, participate in a
court-approved substance abuse program, and participate in a court-approved driver
improvement program. An offender who participates in a litter abatement or collection
program pursuant to this Subparagraph shall have no cause of action for damages against the
entity conducting the program or supervising his participation therein, including a
municipality, parish, sheriff, or other entity, nor against any official, employee, or agent of
such entity, for any injury or loss suffered by him during or arising out of his participation
in the program, if such injury or loss is a direct result of the lack of supervision or act or
omission of the supervisor, unless the injury or loss was caused by the intentional or grossly
negligent act or omission of the entity or its official, employee, or agent.
(2) In all cases other than those in Paragraph (1) of this Subsection, a person under
arrest for a violation of R.S. 14:98, 98.1, or other law or ordinance that prohibits operating
a vehicle while intoxicated may refuse to submit to such chemical test or tests, after being
advised of the consequences of such refusal as provided for in R.S. 32:661(C), subject to the
following:
(a) His license shall be seized under the circumstances provided in R.S. 32:667.
(b) If he is a resident without a license or permit to operate a motor vehicle in this
state, the department shall deny the issuance of a license or permit to such person for a period
of six months after the date of the alleged violation.
(c) Evidence of his refusal shall be admissible in any criminal action or proceeding
arising out of acts alleged to have been committed while the person, regardless of age, was
driving or in actual physical control of a motor vehicle upon the public highways of this state
while under the influence of alcoholic beverages or any drug, or combination of drugs.
Additionally, evidence of his refusal shall be admissible in any criminal action or proceeding
arising out of acts alleged to have been committed while the person under twenty-one years
of age was driving or in actual physical control of a motor vehicle upon the public highways
of this state after having consumed alcoholic beverages. However, such evidence shall not
be admissible in a civil action or proceeding other than to suspend, revoke, or cancel his
driving privileges.
(3) In all cases where a person is under arrest for a violation of R.S. 14:98, 98.6, or
other law or ordinance that prohibits operating a vehicle while intoxicated who refuses to
submit to a chemical test or tests if he has refused to submit to a chemical test on two
previous and separate occasions of any previous such violation shall be advised that the
consequences of such refusal shall be subject to criminal penalties under the provisions of
R.S. 14:98.7.
B. In each instance that a person submits or refuses to submit to a chemical test, after
being advised of the consequences of such refusal or submission as provided for in R.S.
32:661(C), the officer shall submit a report in a form approved by the secretary. The officer
shall certify that the officer had reasonable grounds to believe that the arrested person had
been driving or was in actual physical control of a motor vehicle upon the public highways
of this state while under the influence of alcoholic beverages, any drug, combination of
drugs, or combination of alcohol and drugs; that the officer had followed the procedure in
informing such person of his rights under R.S. 32:661(C); and that such person had
submitted to the test or refused to submit to the test upon the request of the officer. In the
case of a submission to the test, the officer shall provide complete information regarding the
test as may be available at the time that the certified report is completed.
C. In cases where electronic signatures are used, the officer shall affix his electronic
signature to the report in the manner approved by the Department of Public Safety and
Corrections.
D. Repealed by Acts 2022, No. 393, §1.

Legislative History

Acts 1983, No. 632, §1, eff. Jan. 1, 1984. Acts 1985, No. 194, §1, eff. July 6, 1985; Acts 1985, No. 816, §1; Acts 1987, No. 338, §1; Acts 1992, No. 671, §1; Acts 1993, No. 987, §1; Acts 1997, No. 1296, §3, eff. July 15, 1997; Acts 1997, No. 1297, §1, eff. July 15, 1997; Acts 1999, No. 1146, §1; Acts 2001, No. 808, §1; Acts 2003, No. 533, §1; Acts 2003, No. 543, §2; Acts 2004, No. 218, §1; Acts 2007, No. 413, §1; Acts 2008, No. 240, §1; Acts 2012, No. 592, §1; Acts 2014, No. 551, §1; Acts 2020, No. 40, §2, eff. June 4, 2020; Acts 2022, No. 393, §1; Acts 2024, No. 662, §2.