What are DWI penalties in Louisiana?
Louisiana DWI law is found at La. R.S. 14:98 and uses a graduated structure with separate provisions for repeat offenders.
1. BAC Limits — .08% for drivers 21+, .04% for commercial drivers, .02% for drivers under 21 (La. R.S. 14:98.6).
2. First Offense — Misdemeanor: 10 days to 6 months jail (typically suspended), $300-$1,000 fine, mandatory completion of substance abuse program and driver improvement program, 32 hours community service (16 of which must be litter pickup or environmental cleanup), 2-year probation, 90-day license suspension (eligible for hardship license), mandatory IID for 6 months if BAC .15+ or refusal.
3. Second Offense within 10 years — Misdemeanor: 30 days to 6 months jail (mandatory minimum 48 hours; 240 hours community service may be substituted for first 15 days), $750-$1,000 fine, mandatory home incarceration after 48 hours jail, 240-hour community service (half litter), 1-year suspension, IID for 6 months.
4. Third Offense within 10 years — Felony: 1-5 years prison hard labor (mandatory minimum 1 year, 6 months without parole), $2,000 fine, vehicle forfeiture, IID for 3 years upon restoration, 3-year license suspension.
5. Fourth or Subsequent Offense (Lifetime) — Felony: 10-30 years hard labor (mandatory minimum 10 years, 75 days without benefits), $5,000 fine, vehicle forfeiture.
6. Vehicular Homicide While Intoxicated (R.S. 14:32.1) — Felony: 5-30 years prison; minimum 3 years without benefits.
7. Vehicular Negligent Injuring (R.S. 14:39.2) — Up to 5 years prison if intoxicated.
8. Implied Consent (R.S. 32:661) — Refusing chemical test triggers 1-year license suspension for first refusal (2 years for second within 10 years). Refusal admissible at trial.
9. Ignition Interlock — Required for all second and subsequent offenses, and first offenders with BAC .15+ or refusal, throughout suspension/probation.
10. Article 894 Disposition — First offenders may negotiate a deferred sentence under La. C.Cr.P. art. 894 that, upon completion, results in dismissal and possible expungement.
11. Aggravating Factors — BAC .15-.199 doubles community service requirement; BAC .20+ triples community service and adds 96-hour minimum jail term not subject to suspension.
This is legal information, not legal advice.
- Any DWI charge — always get an attorney
- Accident with injuries
- Prior DWI convictions
- Felony third or fourth DWI
- La. Rev. Stat. § 14:98
- La. Rev. Stat. § 14:98.6
- La. Rev. Stat. § 32:661
- La. Rev. Stat. § 14:32.1
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.