What happens if I get a DWI in Louisiana?

Louisiana's DWI statute mirrors the federal 0.08% standard but adds aggressive enhancements for high BAC and child passengers, with broad use of Article 894 deferred dispositions for first offenders.

1. Per Se BAC Standard

La. Rev. Stat. § 14:98(A)(1)(b) sets adult per se DWI at 0.08% BAC; § 14:98(A)(1)(c) covers any controlled substance; commercial limit is 0.04% under § 32:414.2; under-21 limit is 0.02% under § 14:98.6.

2. Implied Consent

La. Rev. Stat. § 32:661 requires submission to chemical testing. First refusal triggers a 1-year Department of Public Safety license suspension (2 years for second refusal); the refusal hearing must be requested within 30 days of arrest.

3. First-Offense Penalties

First DWI under § 14:98(B): 10 days to 6 months jail (typically suspended) with 32 hours community service in lieu, $300-$1,000 fine, 90-day license suspension (suspended after 30 days if completing substance abuse program), 1-2 year probation, mandatory substance abuse and driver improvement programs, and ignition interlock for BAC 0.15%+ under § 32:378.2.

4. Enhancements

Second DWI under § 14:98.2: 30 days-6 months jail (15 days mandatory without good time), $750-$1,000 fine. Third DWI under § 14:98.3 is a felony with 1-5 years prison (45 days mandatory without parole). Fourth DWI under § 14:98.4 is a felony with 10-30 years (75 days mandatory). Vehicular homicide while DWI (§ 14:32.1) is 5-30 year felony.

5. Administrative License Suspension (ALS)

The officer issues a Notice of Suspension; you have 30 days to request an administrative hearing with the Office of Motor Vehicles or the suspension takes effect automatically. The hardship license is available immediately for those completing IID.

6. Court Process

First appearance, arraignment, pretrial motions (La. Code Crim. Proc. art. 521), plea bargaining (Article 894 deferred adjudication common for first offenders avoiding conviction record), and 6-person jury trial (12 for felony level).

7. Long-Term Consequences

SR-22 insurance for 3 years, federal CDL disqualification for 1 year (49 C.F.R. § 383.51), DWI may be expunged after 5 years under La. Code Crim. Proc. art. 977 if Article 894 dismissal was granted (one lifetime expungement), but DWI convictions on a guilty plea are not expungeable.

This is legal information, not legal advice.