A DUI becomes a felony in Louisiana on your third conviction within a ten-year window, or any time impaired driving causes serious bodily injury or death. The third-offense felony carries one to five years in prison and a $2,000 fine. A fourth or later conviction is a more serious felony, with 10 to 30 years in prison and a $5,000 fine. Louisiana calls the offense “operating while intoxicated,” but the felony rules work the same whichever label appears on your paperwork.
The Three Paths to a Felony DUI
First and second impaired-driving convictions are misdemeanors in Louisiana, assuming no one was seriously hurt. From there, three separate routes push the charge into felony territory:
- A third or subsequent conviction within ten years is automatically a felony.
- Causing serious bodily injury while driving impaired can be charged as first degree vehicular negligent injuring, a felony carrying up to ten years.
- Killing someone while driving impaired is vehicular homicide, punishable by five to thirty years in prison.
The second and third paths do not require any prior DUI history. A driver with a clean record can face a felony on a first arrest if the crash injured or killed someone.
How the Ten-Year Lookback Counts Your Priors
Louisiana uses a ten-year “cleansing period” to decide whether prior convictions elevate a new charge. Only convictions from the ten years before your current arrest count. If your last DUI conviction is more than ten years old, a new arrest is treated as a first offense for sentencing purposes. The difference matters: a second offense tops out at six months in jail as a misdemeanor, while a third offense within the window is a felony carrying up to five years in prison.
The order of the offenses does not matter, only the dates. If you committed what would be your second offense before being convicted of your first, the second still counts as a second offense for penalty purposes, as long as both fall within the ten-year window.1Louisiana State Legislature. Louisiana Revised Statutes RS 14:98 – Operating a Vehicle While Impaired
Expungement does not reset the clock. Louisiana allows deferred sentencing and eventual expungement for first and second offenses, but an expunged conviction still counts as a prior if you are arrested again inside the ten-year period. Out-of-state convictions count too. Louisiana participates in the Driver License Compact, so a DUI in Texas or Florida is reported here and treated as if it happened in Louisiana for lookback and enhancement purposes.
Third Offense: The First Felony Level
A third DUI conviction within ten years is a felony punishable by a $2,000 fine and one to five years in prison. At least one full year of that sentence must be served without benefit of probation, parole, or suspension.2Louisiana State Legislature. Louisiana Revised Statutes RS 14:98.3 – Operating While Impaired, Third Offense, Penalties
Probation conditions include 240 hours of community service, substance abuse treatment, and an ignition interlock device on any vehicle you drive. The interlock must stay installed until you complete all substance abuse treatment requirements. After one year of your license suspension, you become eligible for a restricted license with a functioning interlock.2Louisiana State Legislature. Louisiana Revised Statutes RS 14:98.3 – Operating While Impaired, Third Offense, Penalties
Starting with a third conviction, the district attorney can move to seize and sell the vehicle you were driving at the time of the offense. The vehicle is auctioned, with proceeds split among the arresting agency, the DA’s office, and the Louisiana Property and Casualty Insurance Commission. It is exempt from sale if it was stolen or if the owner did not know the driver was impaired.1Louisiana State Legislature. Louisiana Revised Statutes RS 14:98 – Operating a Vehicle While Impaired
Fourth and Subsequent Offenses
A fourth or later DUI conviction is the most severely punished repeat-offense level. The fine is $5,000, and the prison sentence ranges from 10 to 30 years. At least two years must be served without benefit of probation, parole, or suspension.3Louisiana State Legislature. Louisiana Revised Statutes RS 14:98.4 – Operating While Impaired, Fourth Offense, Penalties
The mandatory minimum stretches further depending on your history. If you previously completed substance abuse treatment or home incarceration as part of a third-offense sentence, the minimum rises to three years without benefit. If you already received probation or a suspended sentence on a prior fourth-or-subsequent conviction, no part of the new sentence can be suspended at all.3Louisiana State Legislature. Louisiana Revised Statutes RS 14:98.4 – Operating While Impaired, Fourth Offense, Penalties
Probation, when available, requires 320 hours of community service. The court must also order seizure and sale of the vehicle on the DA’s motion. License revocation at this level can be lengthy and potentially permanent.
When Injury or Death Makes Even a First DUI a Felony
Impaired driving that hurts or kills someone triggers felony charges regardless of your prior record. These charges exist alongside any DUI charge and carry their own sentencing ranges.
First Degree Vehicular Negligent Injuring
Louisiana splits impaired-driving injuries into two tiers. Standard vehicular negligent injuring, where the victim is hurt but not seriously, is a misdemeanor punishable by up to a $1,000 fine, up to six months in jail, or both. First degree vehicular negligent injuring applies when the victim suffers serious bodily injury, and it is a felony carrying a fine of up to $5,000 and up to ten years in prison.4Louisiana State Legislature. Louisiana Revised Statutes RS 14:39.2 – First Degree Vehicular Negligent Injuring
The first degree charge gets worse if your BAC was at least 0.15% or you had a prior DUI conviction. In that situation, the prison range narrows to two to ten years, with at least two years served without benefit of probation.4Louisiana State Legislature. Louisiana Revised Statutes RS 14:39.2 – First Degree Vehicular Negligent Injuring
Vehicular Homicide
If someone dies as a result of your impaired driving, the charge is vehicular homicide. The fine ranges from $2,000 to $15,000, and the prison term is five to thirty years. At least three years must be served without benefit of probation, parole, or suspension.5Justia. Louisiana Revised Statutes 14:32.1 – Vehicular Homicide
A Child in the Vehicle Hardens the Sentence
Driving impaired with a child aged 12 or younger in the vehicle triggers Louisiana’s Child Endangerment Law. This does not create a separate charge. Instead, it makes the mandatory minimum sentence for whatever offense level you are convicted of completely non-suspendable.1Louisiana State Legislature. Louisiana Revised Statutes RS 14:98 – Operating a Vehicle While Impaired
In practical terms, the court cannot place you on probation in lieu of jail for the mandatory minimum. For a third-offense felony, that means the one-year minimum must be served. For a fourth-offense felony, the two-year minimum (or longer, depending on history) must be served in full. Judges have no discretion to reduce or suspend these sentences when a child was in the vehicle.
Life After a Felony DUI Conviction
The prison sentence and fine are only part of what a felony DUI costs you. A felony conviction in Louisiana carries consequences that follow you long after release.
Firearm Possession
Federal law prohibits anyone convicted of a crime punishable by more than one year of imprisonment from possessing a firearm or ammunition. Because a third-offense DUI carries one to five years and a fourth-offense carries 10 to 30 years, both convictions trigger this federal ban.6Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
Voting Rights
Louisiana suspends voting rights during incarceration, parole, and probation for felony convictions. Your right to vote is restored automatically once you complete your full sentence, including any supervised release. You do not need to petition a court or file an application.
Commercial Driver’s License
A first DUI while operating a commercial vehicle results in a one-year CDL disqualification. A second DUI in a commercial vehicle means lifetime disqualification, though reinstatement may be possible after 10 years if you complete an approved rehabilitation program. A second disqualification after reinstatement is permanent, with no further possibility of reinstatement.7eCFR. 49 CFR Part 383 Subpart D – Driver Disqualifications and Penalties
Travel to Canada
Canadian immigration officers have discretion to deny entry to anyone with a DUI conviction, regardless of whether it was a felony or misdemeanor. Travelers with DUI records may need to apply for rehabilitation status or obtain a temporary resident permit before entering Canada.8U.S. Customs and Border Protection. Entering Canada and the United States with DUI Offenses
Professional Licensing
Many professional licensing boards require disclosure of felony convictions and can deny or revoke a license based on a conviction substantially related to the profession. Healthcare workers, commercial drivers, lawyers, teachers, and anyone working with vulnerable populations may face licensing consequences. Each board applies its own standards.