New DWI law takes effect today in Louisiana

Published 10:59 pm Monday, August 31, 2009

BATON ROUGE, La. (AP) — Drivers who refuse to submit to a breathalyzer test when they are stopped on suspicion of drunken driving face stiffer penalties for the refusal starting Tuesday.

Louisiana lawmakers approved changes to the law earlier this year, in a move backed by Gov. Bobby Jindal.

Under the new law, a suspect who refuses to take the test loses his driver’s license for one year, up from the previous six month penalty. If a person refuses the test more than once in a five-year period, the driver’s license will be suspended for two years.

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Supporters of the change, sponsored by Rep. Damon Baldone, D-Houma, said they were hoping to discourage the refusal to submit to the breathalyzer test. Opponents had argued the tougher penalties were too harsh.

In 2007, nearly 8,900 people refused to take a breathalyzer test when stopped — 39 percent of the 22,697 people asked to take the test, according to statistics from the Louisiana Highway Safety Commission. That was the latest year for which complete data was available.

The new law also removes the possibility of a hardship license, for a person to drive to work and school, if the refusal to submit to the breathalyzer test comes after an accident that killed or injured someone.