Louisiana DWI Laws & Penalties
Last reviewed:
LA statute says 'operating a vehicle while intoxicated' (OWI/DWI). The 10-year 'cleansing period' controls whether priors count.
Overview
- Legal BAC limit: 0.08% (commercial 0.04%, under-21 0.02%, enhanced at 0.15%).
- Lookback period: 10 years. Ten-year cleansing period. Under R.S. 14:98(C) a prior conviction includes vehicular homicide (R.S. 14:32.1), third degree feticide (14:32.8), vehicular negligent injuring (14:39.1), first degree vehicular negligent injuring (14:39.2), and any equivalent out-of-state or municipal offence. Whether a defendant has a qualifying prior is decided by the court as a matter of law.
- Primary statute: La. R.S. 14:98 (offense); 98.1–98.4 (per-offense penalties)
0.15+ and again 0.20+ add mandatory jail and longer suspensions at each level.
Penalties by offense
| Offense | Classification | Jail | Fine | License suspension | Interlock |
|---|---|---|---|---|---|
| First offense | misdemeanor | 10 days – 6 months; mandatory min 48 hours not suspendable (or 32 hours of court-approved community service, at least half litter abatement, as a probation condition). Add a further 48 hours without benefit of parole, probation or suspension if BAC was 0.15% or more — the total may not exceed six months | $300–$1,000 ($300–$1,000 generally; raised to $750–$1,000 if BAC was 0.20% or more. An additional statutory fine applies on top under § 98.1(A)(4)) | no driving for at least 6 months during probation unless an interlock is fitted – 2 years if BAC was 0.15% or more; hardship: driving permitted during probation only with a functioning ignition interlock under R.S. 14:98.5(C) and R.S. 32:378.2 | Required |
| Second offense | misdemeanor (within 10 years) | 30 days (48 hrs unsuspendable) – 6 months; mandatory min 48 hours without benefit of parole, probation or suspension. Probation requires a further 15 days in jail without benefit, or 240 hours of community service (at least half litter abatement). If the arrest came within one year of the first offence, 30 days must be served without benefit. 96 hours without benefit if BAC was 0.20% or more | $750–$1,000 ($750–$1,000; a flat $1,000 if BAC was 0.20% or more) | 4-year suspension – 4 years if BAC was 0.15% or more; hardship: IID mandatory for restricted driving | Required |
| Third offense | felony | 1 year (45 days unsuspendable, without benefit of probation/parole) – 5 years; mandatory min 45 days unsuspendable + 5 years hard labor exposure | $2,000 ($2,000) | IID 3 years post-reinstatement – long; hardship: IID required | Required |
| Fourth+ offense | felony | 10 years (2 years without benefit of probation/parole) – 30 years; mandatory min 2 years unsuspendable | $5,000 ($5,000) | IID 3+ years – long; hardship: IID required | Required |
First offense
- Classification: misdemeanor
- Jail: 10 days – 6 months; mandatory min 48 hours not suspendable (or 32 hours of court-approved community service, at least half litter abatement, as a probation condition). Add a further 48 hours without benefit of parole, probation or suspension if BAC was 0.15% or more — the total may not exceed six months
- Fine: $300–$1,000 ($300–$1,000 generally; raised to $750–$1,000 if BAC was 0.20% or more. An additional statutory fine applies on top under § 98.1(A)(4))
- License suspension: no driving for at least 6 months during probation unless an interlock is fitted – 2 years if BAC was 0.15% or more; hardship: driving permitted during probation only with a functioning ignition interlock under R.S. 14:98.5(C) and R.S. 32:378.2
- Alternative disposition: Home incarceration + substance-abuse program + community service is the standard first-offense package (Art. 894 diversion possible).
- Interlock: Required to drive at all during probation. Where BAC was 0.20% or more the interlock must remain installed throughout the licence suspension following conviction.
- BAC bands confirmed from the statute: 0.15%–0.199% adds 48 hours without benefit; 0.20%+ raises the fine to $750–$1,000 and also adds 48 hours without benefit. A BAC of 0.15% or more suspends the licence for two years under § 98.1(A)(3)(b).
Second offense
- Classification: misdemeanor (within 10 years)
- Jail: 30 days (48 hrs unsuspendable) – 6 months; mandatory min 48 hours without benefit of parole, probation or suspension. Probation requires a further 15 days in jail without benefit, or 240 hours of community service (at least half litter abatement). If the arrest came within one year of the first offence, 30 days must be served without benefit. 96 hours without benefit if BAC was 0.20% or more
- Fine: $750–$1,000 ($750–$1,000; a flat $1,000 if BAC was 0.20% or more)
- License suspension: 4-year suspension – 4 years if BAC was 0.15% or more; hardship: IID mandatory for restricted driving
- Interlock: Required for at least six months from the date of conviction as a condition of driving during probation. Probation also carries home incarceration of not less than six months.
- 240 hours community service (first 30 days = min 4 days custody); mandatory treatment.
Third offense
- Classification: felony
- Jail: 1 year (45 days unsuspendable, without benefit of probation/parole) – 5 years; mandatory min 45 days unsuspendable + 5 years hard labor exposure
- Fine: $2,000 ($2,000)
- License suspension: IID 3 years post-reinstatement – long; hardship: IID required
- Vehicle seizure/forfeiture possible.
Fourth+ offense
- Classification: felony
- Jail: 10 years (2 years without benefit of probation/parole) – 30 years; mandatory min 2 years unsuspendable
- Fine: $5,000 ($5,000)
- License suspension: IID 3+ years – long; hardship: IID required
- One of the harshest fourth-offense ranges in the US.
Refusing a chemical test (implied consent)
Refusal: 1-year suspension first (longer with priors); a second refusal within 10 years can be a separate crime, and refusal with 2 prior refusals/DWIs escalates. Refusal admissible.
Statute: La. R.S. 32:667
Ignition interlock
IID mandatory for restricted/hardship licenses on 0.15+ first offenses and all repeat offenses (3 years post-reinstatement for felonies).
Statute: La. R.S. 14:98.1 et seq.; R.S. 32:378.2
Frequently asked questions
What is the penalty for a first DWI in Louisiana?
A first DWI in Louisiana is a misdemeanor. Jail: 10 days – 6 months; mandatory min 48 hours not suspendable (or 32 hours of court-approved community service, at least half litter abatement, as a probation condition). Add a further 48 hours without benefit of parole, probation or suspension if BAC was 0.15% or more — the total may not exceed six months. Fine: $300–$1,000 ($300–$1,000 generally; raised to $750–$1,000 if BAC was 0.20% or more. An additional statutory fine applies on top under § 98.1(A)(4)). License suspension: no driving for at least 6 months during probation unless an interlock is fitted – 2 years if BAC was 0.15% or more; hardship: driving permitted during probation only with a functioning ignition interlock under R.S. 14:98.5(C) and R.S. 32:378.2.
What is the legal BAC limit in Louisiana?
0.08% for most drivers, 0.04% for commercial drivers, and 0.02% for drivers under 21.
How long does Louisiana look back at prior DWI offenses?
10 years. Ten-year cleansing period. Under R.S. 14:98(C) a prior conviction includes vehicular homicide (R.S. 14:32.1), third degree feticide (14:32.8), vehicular negligent injuring (14:39.1), first degree vehicular negligent injuring (14:39.2), and any equivalent out-of-state or municipal offence. Whether a defendant has a qualifying prior is decided by the court as a matter of law.