A Complete Guide to Louisiana DUI Laws: From First Offense to Felony Charges

June 20, 2025

A Complete Guide to Louisiana DUI Laws: From First Offense to Felony Charges

Introduction

Louisiana, often called the "Pelican State," takes a very serious stance on impaired driving, officially referred to as "Driving While Intoxicated" (DWI). The state's laws are designed to impose significant penalties that escalate dramatically with repeat offenses, high blood alcohol content (BAC) levels, or situations involving child endangerment, injury, or death. Understanding these regulations is crucial for anyone driving in Louisiana.

The General Framework of Louisiana DWI Laws

In Louisiana, a person can be charged with DWI if they are found to be operating a motor vehicle while:

Under the influence of alcohol or drugs to a degree that their judgment or normal abilities are impaired; OR
Having a Blood Alcohol Concentration (BAC) of $0.08%$ or more.
Having any amount of a Schedule I or II controlled dangerous substance or its metabolite in their blood or urine.

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Per Se DWI Law: Louisiana operates under a "per se" law for alcohol impairment. This means if your BAC is at or above a certain legal limit, you are legally presumed to be intoxicated, regardless of whether your driving appears impaired.

For drivers 21 and older: The legal BAC limit is $0.08%$ .
For commercial vehicle operators: The legal BAC limit is $0.04%$ .
For drivers under 21 (Zero Tolerance Law): Louisiana has a strict "zero tolerance" policy for underage drivers. If a driver under 21 has a BAC of $0.02%$ or higher, they can face immediate penalties. If their BAC is $0.08%$ or higher, they face the same penalties as an adult.

Even if your BAC is below the specific "per se" limits, you can still face DWI charges if law enforcement can prove that your driving ability was "impaired" by alcohol or drugs based on observations, field sobriety tests, or other evidence.

Implied Consent Law

Louisiana has a robust implied consent law (La. R.S. 32:661 et seq.). By driving on Louisiana roads, you are legally deemed to have given your consent to a chemical test (breath, blood, or urine) to determine your BAC or drug content if a law enforcement officer has probable cause to believe you are operating while intoxicated and you are lawfully arrested for DWI.

Refusal to Test: Refusing to submit to a chemical test after a lawful arrest for DWI in Louisiana carries immediate and severe administrative penalties from the Louisiana Office of Motor Vehicles (OMV), separate from any criminal prosecution. Your refusal can also be used as evidence against you in court as evidence of "consciousness of guilt."

First refusal (within 10 years): Automatic 1-year driver's license suspension.
Second refusal (within 10 years): Automatic 2-year driver's license suspension.
Third or subsequent refusal (within 10 years): Automatic 3-year driver's license suspension, and the refusal itself can lead to criminal charges (fines and jail time).

These administrative suspensions are imposed regardless of the outcome of your criminal DWI case. You have a limited time (typically 15 days) to request an administrative hearing to challenge the suspension.

Louisiana DWI Statistics

Impaired driving remains a significant public safety concern in Louisiana. According to data from the Louisiana Highway Safety Commission, in 2023, alcohol-related traffic fatalities were estimated at 244, representing 30.1% of all motor vehicle crashes in the state. Preliminary data for 2024 indicates that 36% of fatal crashes involved impaired drivers, totaling 234 fatal crashes. These statistics underscore the ongoing efforts to combat impaired driving in Louisiana through enforcement and awareness campaigns.

Penalties for DWI in Louisiana

Louisiana's DWI penalties are substantial and become significantly more severe with each subsequent conviction. Louisiana uses a 10-year "look-back" period (often referred to as a "cleansing period" or "washout period") to determine if a DWI is a repeat offense for criminal sentencing purposes. However, a DWI conviction remains on your criminal record permanently.

First Offense DWI (Misdemeanor)

For a first-time DWI conviction in Louisiana (no prior convictions within the last 10 years):

Jail Time: 10 days to 6 months imprisonment.
- Mandatory Minimum: A minimum of 48 hours must be served in jail without benefit of suspension or probation, OR 32 hours of court-approved community service (often litter abatement).
- Aggravated First Offense (BAC $0.15%$ or higher): Mandatory 48 hours in jail without benefit of suspension, probation, or parole.
Fines: $300 to $1,000, plus court costs and fees.
- Aggravated First Offense (BAC $0.20%$ or higher): Fine of $750 to $1,000.
License Suspension: 90 days.
- Hardship License/Restricted Driving: May be eligible for a restricted license after 30 days, which generally requires the installation of an Ignition Interlock Device (IID).
- Aggravated First Offense (BAC $0.15%$ or higher): 2-year license suspension, with IID requirement for at least 1 year.
Substance Abuse Program: Mandatory participation in a court-approved substance abuse program.
Driver Improvement Program: Mandatory participation in a court-approved driver improvement program.
Probation: Possible, with conditions that include the above requirements.

Repeat Offenses (Within 10-year look-back)

Second Offense DWI (Misdemeanor): (Second conviction within 10 years of a prior conviction)
- Jail Time: 30 days to 6 months imprisonment.
  - Mandatory Minimum: Mandatory 48 hours in jail without benefit of parole or suspension of sentence. (Some sources indicate 15 days mandatory jail that cannot be suspended, or 240 hours community service in lieu of 15 days jail).
- Fines: $750 to $1,000, plus court costs and fees.
- License Suspension: 24 months (2 years).
  - Hardship License/Restricted Driving: Eligible for a restricted license after 45 days, requiring mandatory IID installation for at least 6 months.
- Substance Abuse Program: Mandatory participation.
- Driver Improvement Program: Mandatory participation.
- Community Service: May be ordered (e.g., 240 hours).
- Vehicle Seizure/Impoundment: Possible.
- Aggravated Second Offense (BAC $0.20%$ or higher): Fine of $1,000, 4-year license suspension, 3-year IID requirement. Mandatory 96 hours jail without benefits.
Third Offense DWI (Felony): (Third conviction within 10 years of two prior convictions)
- Prison Time: 1 to 5 years, with or without hard labor.
  - Mandatory Minimum: Minimum 1 year of the sentence must be served without benefit of probation or suspension (unless accepted into a drug diversion program).
- Fines: $2,000, plus court costs and fees.
- License Suspension: 36 months (3 years).
  - Hardship License/Restricted Driving: Eligible for a restricted license with mandatory IID.
- Community Service: Mandatory 30 eight-hour days (240 hours) of community service.
- Substance Abuse Program: Mandatory psychological evaluation and participation in a court-appointed treatment program.
- Vehicle Seizure/Forfeiture: Vehicle used in the commission of the offense may be subject to seizure and forfeiture.
- Felony Criminal Record: A permanent felony conviction with severe lifelong implications.
Fourth or Subsequent Offense DWI (Felony): (Fourth or subsequent conviction within 10 years of prior convictions)
- Prison Time: 10 to 30 years, with or without hard labor.
  - Mandatory Minimum: At least 2 years of the sentence must be served without benefit of suspension, probation, or parole.
- Fines: $5,000, plus court costs and fees.
- License Suspension: Court may order suspension for up to 4 years.
- Community Service: Mandatory 320 hours.
- Substance Abuse Program: Mandatory substance abuse health evaluation and treatment.
- Vehicle Seizure/Forfeiture: Mandatory seizure and sale of the vehicle.
- Felony Criminal Record: Permanent felony conviction.

Aggravating Factors and Enhanced Penalties:

Certain circumstances automatically elevate a DWI charge or increase penalties significantly:

BAC of $0.15%$ or higher: Triggers enhanced minimum jail time and longer license suspensions/IID requirements, even for a first offense.
BAC of $0.20%$ or higher: Triggers further enhanced minimum jail time and longer license suspensions/IID requirements.
Child Endangerment: Operating a vehicle with a passenger 12 years of age or younger at the time of the DWI arrest triggers a child endangerment charge. Any possible jail sentence for the DWI becomes mandatory and is not eligible for suspension.
Vehicular Negligent Injury (Felony): If the DWI causes serious bodily injury to another person, it is a felony offense with penalties including imprisonment (e.g., 6 months to 5 years) and fines.
Vehicular Homicide (Felony): If the DWI causes the death of another person, it is a severe felony offense. Penalties include imprisonment for not less than 5 years nor more than 30 years, with a mandatory minimum period that must be served without benefit of probation or suspension. Fines range from $2,000 to $15,000.

Conclusion

Louisiana's DWI laws are among the nation's most stringent, reflecting the state's aggressive stance against impaired driving. From mandatory jail time, significant fines, and IID requirements for even a first offense, to lengthy prison sentences, permanent felony records, and extensive license revocations for repeat or aggravated offenses, the consequences are designed to be severe and far-reaching. Understanding the state's "per se" and "zero tolerance" BAC limits, the strict implied consent law (and the severe penalties for refusal), and the impact of aggravating factors is paramount for every driver in Louisiana. For anyone facing a DWI charge in the Pelican State, immediate consultation with an experienced Louisiana DWI defense attorney is strongly advised to navigate the complexities of the legal system and safeguard your rights and future.

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