Louisiana DWI Laws: Penalties, License Suspension, and Defenses

Louisiana DWI laws punish operating a vehicle while impaired with penalties that escalate sharply from a first-offense misdemeanor to a felony carrying up to 30 years in prison, and every arrest sets off two separate legal tracks: a criminal case and an administrative license suspension you have only 30 days to challenge.¹ The blood alcohol limit is 0.08% for most drivers, but you can be charged below that if any substance impairs your ability to drive.

What Counts as DWI

Under Louisiana Revised Statutes 14:98, it is illegal to operate any motor vehicle, aircraft, watercraft, or other conveyance while impaired by alcohol, any drug, or a combination.¹ “Drug” is defined broadly enough to cover illegal substances, prescriptions, and over-the-counter products.

BAC thresholds differ by driver:

0.08% for most drivers
0.04% for commercial vehicle operators
0.02% for drivers under 21²

For drug impairment, the current standard is actual impairment, not mere presence of the substance in your blood.¹

One structural feature matters for anyone with a prior arrest: Louisiana eliminated the old “cleansing period” that let older convictions drop off. Every prior DWI counts toward sentence escalation regardless of how long ago it occurred.³

Penalties by Offense Level

First Offense

A first DWI is a misdemeanor. The fine runs $300 to $1,000, with up to six months in jail. Courts routinely suspend the jail sentence in favor of probation that includes a substance abuse program and driver improvement course.⁴ The administrative license suspension is 180 days, and you can get a restricted license during that period by installing an ignition interlock device.⁵

Second Offense

A second DWI is still a misdemeanor, but the penalties tighten. The fine ranges from $750 to $1,000, and jail is 30 days to six months. At least 48 hours must be served without probation, parole, or suspension.³ The license suspension is 24 months. After 45 days you can apply for a restricted license, but only with a mandatory ignition interlock installed for the full restricted period.⁶

Third Offense

A third DWI is a felony. The fine is a mandatory $2,000, and the prison sentence runs one to five years. At least one year must be served without parole, probation, or suspension, and that mandatory portion cannot be served on home incarceration.⁷ If you previously received probation or drug court on a third offense, the minimum jumps to two years without benefit.

You lose your license, and a restricted license only becomes available after one year of the suspension, with a mandatory ignition interlock. Because the offense is a felony punishable by more than a year in prison, it also triggers a federal prohibition on possessing firearms or ammunition under 18 U.S.C. § 922(g). That ban is permanent unless the conviction is later expunged or pardoned.⁸

Fourth and Subsequent Offenses

A fourth or subsequent DWI carries a $5,000 fine and imprisonment at hard labor for 10 to 30 years. Participation in a substance abuse treatment program and a reentry court program is mandatory.⁹ The federal firearms ban applies here too.

Aggravators That Increase Penalties

BAC of 0.15% or Higher

A high BAC changes outcomes at every level. On a first offense, minimum mandatory jail time rises to 48 hours and the administrative license suspension doubles from 180 days to two years, with a mandatory interlock for the full suspension.⁴ On a second offense, the suspension stretches to four years.⁶

Child Passenger

If a child aged 12 or younger is in the vehicle, Louisiana’s Child Endangerment provision strips the court of authority to suspend the minimum mandatory sentence. Whatever jail or prison time the offense level requires, it must actually be served.¹ On a first offense, this means no probation-in-lieu-of-jail option.

Injury or Death

Causing serious injury while impaired can bring first degree vehicular negligent injuring, a separate felony carrying up to a $5,000 fine and up to 10 years. When the driver had a BAC of 0.15% or higher or a prior DWI, the minimum is two years without probation, parole, or suspension.¹⁰ Causing a death becomes vehicular homicide: a $2,000 to $15,000 fine and 5 to 30 years in prison.¹¹ Leaving the scene of a DWI-related crash that kills or seriously injures someone adds a hit-and-run charge of 2 to 10 years, or 5 to 20 years with prior DWI convictions.¹²

The 30-Day License Deadline Most People Miss

A DWI arrest triggers a separate administrative process that runs on its own timeline. When you are arrested and either fail or refuse a chemical test, the arresting officer seizes your license on the spot. From that date, you have 30 days to submit a written request to the Louisiana Department of Public Safety and Corrections for an administrative hearing. Miss it, and the suspension takes effect automatically with no grace period.¹³

The hearing is narrow: did the officer have probable cause, and did testing show a BAC at or above the limit or a refusal? It’s a civil proceeding entirely separate from the criminal case. You can win one and lose the other. Reinstating your license after the suspension ends requires a $50 fee.⁵

Refusing a Chemical Test

By driving on Louisiana roads, you already consented to chemical testing of your blood, breath, urine, or other bodily substance if arrested for a DWI-related offense.¹⁴ Refusal is not consequence-free:

First refusal: one-year license suspension
Second or subsequent refusal within 10 years: two-year suspension
Refusal after a crash causing death or serious injury: suspension with no eligibility for a restricted license⁵

These administrative penalties apply whether or not you are ultimately convicted of anything.

Ignition Interlock Requirements

An ignition interlock device requires a clean breath sample before your vehicle will start. Louisiana ties the requirement to offense level and BAC:

First offense, BAC under 0.15%: the court may order an interlock as a condition of probation but is not required to
First offense, BAC 0.15% or higher: mandatory for the full two-year suspension
Second offense: mandatory as a probation condition and for any restricted license
Third offense: required, and a restricted license is only available after one year of suspension with proof of installation¹⁵

Lease costs typically run $60 to $120 per month, plus installation and calibration fees, all paid by the offender.

Long-Term Consequences of a Conviction

Insurance and SR-22

After a DWI, Louisiana requires an SR-22 certificate of financial responsibility to reinstate your license. You should expect to maintain it for about three years. The filing fee is modest; the premium increase is not. Insurers commonly raise rates by 60% or more, with some high-risk drivers seeing hikes near 200%, and elevated premiums persist through the SR-22 period and sometimes beyond.

Commercial Drivers

Commercial drivers face separate federal consequences. A first DWI conviction disqualifies your CDL for one year, even if the offense occurred in your personal vehicle. A second DWI results in a lifetime CDL disqualification. For anyone whose income depends on a CDL, even a first-offense misdemeanor can end a career.

Travel

U.S. Customs and Border Protection lists DWI convictions as a disqualifying factor for Global Entry, which also provides TSA PreCheck benefits.¹⁶ Pending charges create the same problem. Canada and some other countries also refuse entry to travelers with DWI convictions.

Professional Licenses

Many licensed professions require disclosure of criminal convictions. Louisiana does not require lawyers to self-report misdemeanor DWI convictions, but other professions and other states have stricter rules. A felony DWI at the third-offense level almost always triggers mandatory reporting. Check with your licensing board.

Defenses Worth Raising

Most successful DWI defenses start with the traffic stop itself. An officer needs reasonable suspicion of a traffic violation or criminal activity to pull you over. A stop based on a hunch or presence in a particular area can be challenged by a motion to suppress, and without the BAC results and field observations, the prosecution often has no case.

Chemical test results are also open to attack. Breathalyzers depend on calibration and operator certification, and defense attorneys routinely subpoena maintenance logs to find gaps. Blood tests can be attacked on chain-of-custody grounds if the sample was improperly stored, mislabeled, or handled by too many people. Some medical conditions produce misleading breath readings: gastroesophageal reflux disease, diabetes, and certain low-carb diets can generate mouth alcohol or acetone that a breathalyzer misreads as ethanol.

Prescription medications complicate the picture. Louisiana’s statute covers impairment by any drug, but having a valid prescription and following directions can support a limited defense, particularly when the medication had no known driving-impairment side effect or the manufacturer failed to warn. It will not work if you took something clearly labeled as causing drowsiness and drove anyway.

Expunging a DWI

Louisiana allows expungement of some DWI convictions, but not all. For a first-offense DWI, you must wait at least five years after completing your entire sentence, including probation, community service, treatment, and all fines and court costs. During that five-year period, you cannot have any other felony arrests, pending charges, or misdemeanor convictions. Cases involving serious injury, death, or a high BAC may be ineligible entirely.

Expungement removes the conviction from public background checks, which matters for employment and housing. It does not erase the conviction for purposes of DWI penalty escalation: a prior expunged DWI still counts if you are charged again. Given the documentation requirements and possible disqualifiers, talking to an attorney before filing is worth the cost.

1
Louisiana State Legislature. Louisiana Code RS 14:98 – Operating a Vehicle While Impaired
2
The Louisiana Highway Safety Commission. Traffic Safety Laws
3
Louisiana State Legislature. Louisiana Code RS 14:98.2 – Operating While Impaired; Second Offense; Penalties
4
Louisiana State Legislature. Louisiana Code RS 14:98.1 – Operating While Impaired; First Offense; Penalties
5
Louisiana State Legislature. Louisiana Code RS 32:667 – Seizure of License; Circumstances
6
Louisiana State Legislature. Louisiana Code RS 32:414 – Cancellation, Suspension, Revocation of License
7
Louisiana State Legislature. Louisiana Code RS 14:98.3 – Operating While Impaired; Third Offense; Penalties
8
Office of the Law Revision Counsel. 18 U.S. Code 922 – Unlawful Acts
9
Louisiana State Legislature. Louisiana Code RS 14:98.4 – Operating While Impaired; Fourth and Subsequent Offenses; Penalties
10
Louisiana State Legislature. Louisiana Code RS 14:39.2 – First Degree Vehicular Negligent Injuring
11
Justia. Louisiana Revised Statutes Title 14 RS 14:32.1 – Vehicular Homicide
12
Louisiana State Legislature. Louisiana Code RS 14:100 – Hit-and-Run Driving
13
Louisiana Department of Public Safety and Corrections. Administrative Hearings
14
Louisiana State Legislature. Louisiana Code RS 32:661 – Implied Consent to Chemical Tests
15
Louisiana State Legislature. Louisiana Code RS 32:378.2 – Ignition Interlock Devices
16
U.S. Customs and Border Protection. Eligibility for Global Entry