Louisiana DWI: First Offense
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A first DWI in Louisiana is generally classified as 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
- Ignition interlock: Required — 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.
- Alternative disposition: Home incarceration + substance-abuse program + community service is the standard first-offense package (Art. 894 diversion possible).
- 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).
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.