Login      Sign-Up  
Skip Navigation Links
Home
Laws
Bills
Sessions
House
Senate
Committees
Legislators
My Legis
2025 First Extraordinary Session
Other Sessions
Scroll up
Scroll down
2025 First Extraordinary Session
Other Sessions
Scroll up
Scroll down
House Committees
Senate Committees
Miscellaneous Committees
Scheduled Meetings
Scroll up
Scroll down
Representatives
Senators
Caucuses and Delegations
Scroll up
Scroll down
      RS 14:98.7     

  

§98.7. Unlawful refusal to submit to chemical tests; arrests for driving while impaired

            A. No person under arrest for a violation of R.S. 14:98, 98.6, or any other law or ordinance that prohibits operating a vehicle while impaired may refuse to submit to a chemical test when requested to do so by a law enforcement officer if the person has refused to submit to such test on two previous and separate occasions of any such violation.

            B.(1) Whoever violates the provisions of this Section shall be fined not less than three hundred dollars nor more than one thousand dollars, and shall be imprisoned for not less than ten days nor more than six months.

            (2) Imposition or execution of sentence shall not be suspended unless one of the following occurs:

            (a) The offender is placed on probation with the minimum conditions 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.

            (b) The offender is placed on probation with the minimum conditions that he perform thirty-two hours 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, as provided by R.S. 14:98.5(D).

            Acts 2014, No. 385, §1, eff. Jan. 1, 2015; Acts 2020, No. 40, §1, eff. June 4, 2020; Acts 2024, No. 662, §1.



If you experience any technical difficulties navigating this website, contact the webmaster.
P.O. Box 94062 (900 North Third Street) Baton Rouge, Louisiana 70804-9062