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. 4th offense within 10 years. 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 fourth DWI within a 10-year lookback period is classified as a felony carrying up to 30 years in prison. Louisiana is notable for its mandatory ignition interlock device requirement even on a first offense when BAC reaches 0.15 or higher, and the state has steadily expanded its specialty DWI court system to provide treatment-focused alternatives. The state also imposes vehicle seizure and forfeiture provisions starting at the third offense.
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% |
Penalties by Offense
| Offense | Classification | Jail Time | Fines | License Suspension | IID |
|---|---|---|---|---|---|
| 1st Offense | Misdemeanor | 10 days to 6 months (may be suspended with probation) | $300–$1,000 plus court costs and fees | 90 days | Required if BAC is 0.15% or higher; optional in lieu of full suspension for lower BAC |
| 2nd Offense | Misdemeanor | 30 days to 6 months (minimum 48 hours mandatory) | $750–$1,000 plus court costs | 2 years (may apply for restricted/hardship license after 1 year with IID) | Required for the full suspension period to obtain restricted driving privileges |
| 3rd Offense | Misdemeanor (felony if within 10 years of two priors) | 1–5 years (minimum 1 year mandatory, at least 30 days without suspension) | $2,000–$5,000 plus court costs | 3 years | Required for restricted license eligibility |
| Felony | Felony | 10–30 years at hard labor (minimum 2 years without parole, probation, or suspension of sentence) | $5,000–$10,000 plus court costs | License revoked; eligible to reapply after meeting all requirements | Required upon any future license reinstatement |
Felony threshold: 4th offense within 10 years. Lookback period: 10 years.
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 minimum | 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 | Court-ordered, amount at judge's discretion | 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: 365-day license suspension. Second or subsequent refusal: 2-year license suspension. Refusal can also be introduced as evidence at trial. No restricted license is available during a refusal suspension.
Aggravating Factors
| Factor | Impact |
|---|---|
| BAC of 0.15% or higher | Mandatory IID installation on first offense; enhanced minimum jail time on subsequent offenses |
| BAC of 0.20% or higher | Additional mandatory minimum jail time and increased fines; judge may order inpatient treatment |
| Minor passenger under 12 years old | Additional charges of child endangerment; mandatory minimum jail time doubled |
| 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. 14:98.1): First offense — up to 6 months in jail, $100–$500 fine, 180-day license suspension, and mandatory community service. Minors must also complete a substance abuse education program. A second underage offense within 5 years doubles the penalties.
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 (DWI) — defines the offense, BAC limits, and penalties for all offense levels
- La. R.S. 14:98.1
- Underage operating a vehicle while intoxicated — zero tolerance provisions 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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