DUI Laws in Louisiana (DWI)
Louisiana uses the term "DWI" for impaired driving offenses. The standard BAC limit is 0.08%. The lookback period is 10 years. 3rd offense (La. R.S. 14:98.3) — a felony carrying 1–5 years and a flat $2. Below are the full details of Louisiana's DUI laws and penalties.
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Overview
Louisiana uses the term DWI (Driving While Intoxicated) and enforces some of the toughest repeat-offender penalties in the South. A first offense is a misdemeanor, but a third DWI (La. R.S. 14:98.3) is a felony carrying 1–5 years, and a fourth or subsequent offense (14:98.4) carries 10–30 years — prior DWI convictions more than 10 years old cannot be used for enhancement. An ignition interlock device is a probation condition even on a first offense, and any restricted license during a suspension requires an IID. The state has steadily expanded its specialty DWI court system to provide treatment-focused alternatives, and imposes vehicle seizure and sale starting at the third offense (on the district attorney's motion).
Official term: DWI
BAC Limits
| Driver Type | BAC Limit |
|---|---|
| Standard (21+) | 0.08% |
| Commercial (CDL) | 0.04% |
| Under 21 | 0.02% |
| Enhanced Penalty | 0.15% — raises a first-offense conviction suspension from 1 year to 2 years (4 years on a second offense) and adds unsuspendable jail minimums (48 hours on a first offense, 96 on a second); the IID becomes mandatory during the extended suspension (La. R.S. 14:98.1(A)(2), 98.2(A)(2)) |
Penalties by Offense
| Offense | Classification | Jail Time | Fines | License Suspension | IID |
|---|---|---|---|---|---|
| 1st Offense | Misdemeanor | 10 days to 6 months; suspendable only with probation conditioned on 48 hours in jail or 32 hours of community service, a substance abuse program, and a driver improvement course (La. R.S. 14:98.1(A)(1)). At BAC 0.15+, at least 48 additional hours are unsuspendable; at 0.20+ the fine becomes $750–$1,000 (14:98.1(A)(2)-(3)). | $300–$1,000 plus court costs and a $25 add-on; $750–$1,000 if BAC was 0.20% or higher (La. R.S. 14:98.1(A)(3)) | 365 days upon conviction (La. R.S. 32:414); 2 years if BAC was 0.15% or higher (La. R.S. 14:98.1(A)(2)(b)). A restricted license with an IID is available during the entire suspension period (14:98.1(C)). Separately, a 90-day administrative suspension can follow the arrest itself (R.S. 32:667). | Required as a probation condition — the court orders the offender not to drive during probation (at least 6 months) unless every vehicle driven has a functioning IID (La. R.S. 14:98.1(A)(1)(d)) — and required for any restricted license during the suspension (14:98.1(C)). At BAC 0.20+ the IID must stay installed for the first 12 months of the 2-year suspension. |
| 2nd Offense | Misdemeanor | 30 days to 6 months; suspension of the remainder requires 15 days in jail or 240 hours of community service as a probation condition (La. R.S. 14:98.2(A)). At least 96 additional hours are unsuspendable if BAC was 0.15–0.20 (a $1,000 fine applies at 0.20+), and 30 days apply if the new arrest occurred within 1 year of the first offense (14:98.2(A)(2)-(4)). | $750–$1,000 plus court costs | 2 years (La. R.S. 32:414); 4 years if BAC was 0.15% or higher (La. R.S. 14:98.2(A)(2)(b)). A restricted license with an IID may be granted for the entire suspension period (14:98.2(C)); at BAC 0.20+ the IID must remain for the first 3 years. | Required as a probation condition for at least 6 months from conviction (La. R.S. 14:98.2(A)(1)(d)) and to obtain a restricted license (14:98.2(C)) |
| 3rd Offense | Felony (La. R.S. 14:98.3) | 1–5 years, with at least 1 year served without parole, probation, or suspension of sentence (La. R.S. 14:98.3(A)(1)); if the offender already received that benefit on a prior third offense, the range becomes 2–5 years with a 2-year minimum (14:98.3(B)) | $2,000 (flat, La. R.S. 14:98.3(A)(1)) plus a $100 add-on and court costs | 3 years (La. R.S. 32:414); a restricted license is available after 1 year of the suspension with IIDs on all vehicles operated (La. R.S. 14:98.3(A)(3)(d)(ii)) | IID must remain installed on all vehicles operated until the substance abuse treatment and home incarceration requirements are completed (La. R.S. 14:98.3(A)(3)(d)(i)); a restricted license after 1 year requires IIDs on all vehicles |
| Felony | Felony — 4th or subsequent offense (La. R.S. 14:98.4) | 10–30 years, with or without hard labor; 2 years must be served without parole, probation, or suspension (3 years if the offender previously completed a rehabilitative court program on a prior OWI — La. R.S. 14:98.4(A)(1), (A)(4)) | $5,000 (flat, La. R.S. 14:98.4(A)(1)) plus court costs | Suspended under the same La. R.S. 32:414 conviction provisions as third and subsequent offenses; the IID must remain installed on all vehicles operated until the treatment and home incarceration requirements are completed (La. R.S. 14:98.4(A)) | Required upon any future license reinstatement |
Felony threshold: 3rd offense (La. R.S. 14:98.3) — a felony carrying 1–5 years and a flat $2,000 fine; priors older than 10 years cannot be used for enhancement. 4th or subsequent offense (14:98.4): flat $5,000 fine and 10–30 years. DWI is also a felony when it causes serious bodily injury (La. R.S. 14:39.2, up to 5 years) or death (vehicular homicide, La. R.S. 14:32.1, 5–30 years with a 3-year minimum).. Lookback period: 10 years — prior OWI/DWI convictions (and vehicular homicide, third-degree feticide, and vehicular negligent injuring convictions) more than 10 years before the new offense cannot be used for enhancement; time awaiting trial, on probation or parole, or incarcerated is excluded when computing the 10 years (La. R.S. 14:98).
Additional Penalty Details
| Offense | Community Service | Probation | DUI School |
|---|---|---|---|
| 1st Offense | 32 hours minimum (may substitute for jail time) | Up to 2 years supervised or unsupervised | Required completion of a state-approved substance abuse education program |
| 2nd Offense | 240 hours (served in lieu of the 15-day minimum jail term as a probation condition; La. R.S. 14:98.2(A)) | Up to 5 years | Required completion of a state-approved substance abuse treatment program |
| 3rd Offense | 240 hours minimum | Up to 5 years following incarceration | Court-ordered inpatient or intensive outpatient substance abuse treatment |
| Felony | 320 hours as a probation condition if the remainder of the sentence is suspended (La. R.S. 14:98.4(A)(3)) | Extended supervised probation following incarceration | Court-ordered intensive substance abuse treatment program |
Implied Consent Law
Under Louisiana's implied consent law (La. R.S. 32:661), any person operating a motor vehicle on Louisiana roads is deemed to have consented to chemical testing (breath, blood, or urine) when lawfully arrested for suspected DWI.
Refusal penalties: First refusal: 1-year license suspension; second or subsequent refusal within 10 years: 2 years (La. R.S. 32:666). A restricted license with an IID is available for first and second refusals unless the arrest involved a fatality or serious bodily injury. After two prior separate refusals — or where the arrest involved a fatality or serious bodily injury — refusal is itself a crime carrying the same penalties as a first-offense OWI (La. R.S. 14:98.7). Evidence of refusal is admissible in any criminal proceeding.
Aggravating Factors
| Factor | Impact |
|---|---|
| BAC of 0.15% or higher | IID as a probation condition; at least 48 hours unsuspendable on a first offense (96 on a second); license suspension of 2 years on a first offense or 4 years on a second replaces the standard suspension (La. R.S. 14:98.1(A)(2), 98.2(A)(2)) |
| BAC of 0.20% or higher | At 0.20+, a first offense carries a $750–$1,000 fine and at least 48 unsuspendable hours (96 hours on a second offense with a flat $1,000 fine), and the suspension becomes 2 years on a first offense or 4 years on a second (La. R.S. 14:98.1(A)(3), 98.2(A)(3)) |
| Minor passenger under 12 years old | Child-endangerment provision: with a passenger 12 or younger, the mandatory minimum sentence for a first through fourth DWI conviction shall not be suspended (La. R.S. 14:98 child-endangerment provision) |
| Causing serious bodily injury | Charged as first-degree vehicular negligent injuring (La. R.S. 14:39.2); up to 5 years imprisonment |
| Causing death (vehicular homicide) | Felony charge under La. R.S. 14:32.1; 5–30 years at hard labor, mandatory minimum 3 years without parole |
| Wrong-way driving on a divided highway while intoxicated | Additional felony charge; significantly enhanced penalties |
DUI with Injury
Classification: Felony — Vehicular Negligent Injuring / First-Degree Vehicular Negligent Injuring
Vehicular negligent injuring (La. R.S. 14:39.1): up to 6 months jail and $500 fine. First-degree vehicular negligent injuring with serious bodily injury (La. R.S. 14:39.2): up to 5 years imprisonment and up to $2,000 fine. Vehicular homicide (La. R.S. 14:32.1): 5–30 years at hard labor with a mandatory minimum of 3 years.
Underage DUI
Underage DWI (La. R.S. 14:98.6): BAC of 0.02% or more for a driver under 21. First offense — $100–$250 fine and 10 days to 3 months in jail, suspendable with probation conditioned on 32 hours of community service, a substance abuse program, and a driver improvement course. Second offense — $250–$500 fine and 30 days to 6 months, with 48 hours in jail or 80 hours of community service as a probation condition; the court may order an IID. A separate 180-day administrative suspension applies to an under-21 driver who tests 0.02+ (La. R.S. 32:667), but a BAC under 0.08 is not entered on the official driving record (R.S. 32:670).
Diversion Programs
Program: Pre-Trial Diversion / DWI Court
Louisiana operates specialty DWI courts in many parishes that offer treatment-based alternatives for repeat offenders. Some parishes also offer pre-trial diversion programs for first-time DWI offenders that may result in reduced charges upon successful completion, including substance abuse treatment, victim impact panels, community service, and regular monitoring.
Eligibility: First-time offenders with BAC below 0.15% are most commonly eligible for pre-trial diversion. DWI court is typically available for repeat offenders or those with substance use disorders. Eligibility varies by parish; offenses involving injury or minors are usually excluded.
How Long a DUI Stays on Your Record
A DWI conviction remains on your Louisiana criminal record permanently unless expunged. Louisiana allows expungement of a first-offense misdemeanor DWI after 5 years from completion of sentence, provided there are no subsequent offenses. Felony DWI convictions are not eligible for expungement. The conviction appears on your driving record for at least 10 years for purposes of the lookback period.
Key Statutes
- La. R.S. 14:98
- Operating a vehicle while intoxicated — defines the offense and BAC limits; penalties are set by offense level in La. R.S. 14:98.1–14:98.4
- La. R.S. 14:98.6
- Underage operating while impaired — zero tolerance (0.02%) for drivers under 21
- La. R.S. 14:32.1
- Vehicular homicide — penalties for causing death while operating a vehicle under the influence
- La. R.S. 14:39.1
- Vehicular negligent injuring — penalties for causing injury while intoxicated
- La. R.S. 32:661–32:666
- Implied consent law — chemical testing requirements, refusal penalties, and administrative procedures
Frequently Asked Questions
What is the penalty for a first DWI in Louisiana?
How long does a DWI stay on your record in Louisiana?
Can you refuse a breathalyzer in Louisiana?
When does a DWI become a felony in Louisiana?
Do you lose your license for a DWI in Louisiana?
What is Louisiana's lookback period for DWI?
Is there a diversion program for DWI in Louisiana?
What happens if you get a DWI with a child in the car in Louisiana?
Related Guide
DUI license recovery in Louisiana→Step-by-step guide to getting your license back after a DUI in Louisiana — suspension periods, IID requirements, SR-22 insurance, reinstatement fees, and process.
Take Action — Direct Links
- Louisiana OMV — DWI Information
Louisiana Office of Motor Vehicles — information on license suspensions, reinstatement, and IID requirements related to DWI
- Louisiana Supreme Court DWI Courts
Directory of specialty DWI courts across Louisiana parishes, including eligibility information and program details
- Louisiana Legislature — DWI Statutes
Full text of Louisiana Revised Statutes Title 14 (Criminal Law) and Title 32 (Motor Vehicles) covering DWI laws
- Louisiana District Attorneys Association
Information on parish-level DWI prosecution policies and diversion program availability
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