Louisiana DUI laws set the adult blood alcohol limit at 0.08% and the underage limit at 0.02% under the state implied consent framework. A first offense conviction can bring a fine between $300 and $1000 and jail time from 10 days to 6 months. A fourth offense becomes a felony carrying a $5000 fine and 10 to 30 years in prison. This guide covers penalties, license suspension rules, and ignition interlock requirements under Louisiana law.
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What Louisiana Law Calls This Offense
Louisiana does not use the term DUI in its statutes. The law generally refers to this offense as driving while intoxicated or operating a vehicle while impaired under Louisiana Revised Statutes Section 14:98. Many drivers search using the term DUI, and this guide uses that familiar phrase while explaining the actual statutory language courts and law enforcement in Louisiana rely on for charges and penalties.
The core offense under Section 14:98 covers operating a motor vehicle, aircraft, watercraft, vessel, or other means of conveyance while impaired by alcohol, drugs, or a combination of both. A conviction under this section does not require proof of a specific blood alcohol reading in every case, since impairment can also be shown through other evidence such as field sobriety test performance or officer observation of driving behavior.
Blood Alcohol Concentration Limits by Driver Category
Adult drivers age 21 and older are subject to a blood alcohol concentration limit of 0.08% under Section 14:98. A reading at or above this level supports a charge under the standard adult DWI provisions. Louisiana also applies enhanced penalty tiers when blood alcohol concentration reaches 0.15% or climbs further to 0.20%, since higher readings trigger additional mandatory jail time and longer license consequences.
Drivers under the age of 21 face a much lower limit of 0.02% blood alcohol concentration under the zero tolerance framework in Section 14:98.6, titled underage operating while intoxicated. This threshold exists because federal highway funding rules require states to maintain a near zero limit for underage drivers. A reading of 0.08% or higher for an underage driver moves the case into the standard adult DWI provisions instead.
Penalties for a First Offense
A first offense conviction under Louisiana Revised Statutes Section 14:98.1 carries a fine of not less than $300 and not more than $1000. The offender also faces imprisonment of not less than 10 days and not more than 6 months. Courts may allow a portion of this sentence to be served through home incarceration instead of jail when the offender qualifies under the home incarceration provisions.
A first offense with a blood alcohol concentration of 0.15% or higher carries additional mandatory jail time, with at least 48 hours served without benefit of parole, probation, or suspension of sentence. The court may still place the offender on probation for the remainder of the sentence once this mandatory period is served, provided the offender meets the conditions set by the sentencing court.
Penalties for a Second Offense
A second offense conviction under Section 14:98.2 carries a fine of not less than $750 and not more than $1000. Imprisonment ranges from not less than 30 days to not more than 6 months, and at least 48 hours of the sentence must be served without benefit of parole, probation, or suspension of sentence. This applies regardless of whether the second offense happened before or after the first conviction became final.
The court must also order that the offender not operate a motor vehicle during any period of probation unless the vehicle carries a functioning ignition interlock device. This requirement generally remains in effect for a period of not less than 6 months from the date of conviction, and the device must stay installed during any period the offender’s driver’s license remains suspended.
Penalties for a Third or Fourth Offense
A third offense conviction under Section 14:98.3 becomes a felony rather than a misdemeanor. A third offense generally carries a fine and a prison term of 1 to 5 years, and the court may suspend part of this sentence by placing the offender on probation for up to 5 years. The felony classification also allows the court to order seizure and sale of the vehicle used in the offense.
A fourth or subsequent offense under Section 14:98.4 carries a fine of $5000 and imprisonment with or without hard labor for not less than 10 years and not more than 30 years. At least 2 years of this sentence must be served without benefit of parole, probation, or suspension of sentence. An additional fine of $250 also applies on top of the base $5000 penalty under this section.
Louisiana counts prior convictions toward these enhanced penalties using a 10 year lookback period measured from the date of the current offense. A conviction that occurred more than 10 years before the new offense generally does not count toward the offense number used for sentencing. Time spent awaiting trial, on probation, under an order of attachment, or incarcerated is generally excluded when calculating this 10 year window.
Administrative License Suspension After Arrest
Louisiana operates two separate license suspension tracks that run independently of each other. The first is an administrative suspension handled by the Office of Motor Vehicles under the implied consent law in Louisiana Revised Statutes Section 32:661 and the seizure provisions in Louisiana Revised Statutes Section 32:667 on the Louisiana State Legislature website. This suspension begins shortly after arrest and does not depend on the outcome of the criminal case.
Under the implied consent law, any person who operates a motor vehicle on Louisiana highways is deemed to have already agreed to a chemical test of blood, breath, urine, or another bodily substance if arrested for suspected impaired driving. Refusing this test triggers its own administrative suspension. A driver who submits to testing and registers 0.08% or higher also faces suspension, even before any criminal conviction occurs.
Criminal License Suspension After Conviction
The second suspension track follows a criminal conviction and is separate from the administrative suspension described above. Louisiana Revised Statutes Section 32:414 allows the Office of Motor Vehicles to suspend a convicted first offender’s license for a period that can run concurrently with any suspension already imposed after arrest, rather than adding a fully separate period on top of it in every case.
Suspension length generally varies by blood alcohol concentration level and by offense number. Official Office of Motor Vehicles guidance available through the Louisiana Department of Public Safety Office of Motor Vehicles DWI suspension period schedule shows suspension periods differ for a first offense compared with a first offense involving a blood alcohol concentration of 0.15% or higher, and periods generally increase further for second and third offenses under the same reference table.
Underage Zero Tolerance Penalties
An underage offender convicted under Section 14:98.6 for a first offense generally faces a fine of not less than $100 and not more than $250. Imprisonment ranges from not less than 10 days to not more than 3 months. Courts may suspend this sentence if the offender is placed on probation, and probation conditions generally require community service hours along with participation in a substance abuse program.
A second or subsequent underage conviction under this same section generally carries a higher fine range and a longer potential jail term than a first underage offense. An underage driver whose blood alcohol concentration reaches 0.08% or higher is charged under the standard adult DWI provisions in Section 14:98 instead of the underage statute, which generally exposes that driver to the harsher adult penalty structure.
Ignition Interlock Device Requirements
An ignition interlock device is a breath testing unit installed in a vehicle that prevents the engine from starting if it detects alcohol on the driver’s breath. Louisiana law requires this device for many offenders seeking a restricted license during a suspension period, and the requirement generally becomes mandatory rather than optional once an offender reaches a second, third, or fourth conviction under the relevant statute section.
For a first offense, an offender may apply for a restricted driver’s license during the suspension period once the vehicle carries a functioning ignition interlock device that meets the requirements referenced in Louisiana Revised Statutes Section 32:378.2. For a fourth or subsequent offense, the interlock requirement generally continues until the offender completes required substance abuse treatment or a related supervision program.
Common Misconceptions About Louisiana DUI Law
Many drivers assume a DWI charge always results in a single license suspension tied directly to the criminal case outcome. In practice, an arrest alone can trigger the separate administrative suspension process handled by the Office of Motor Vehicles well before the criminal case reaches a verdict under the Louisiana Revised Statutes Section 14:98 on the Louisiana State Legislature website, and that suspension may proceed independently of the eventual court result.
Another common misconception is that Louisiana treats every DWI conviction as a misdemeanor. A third or subsequent conviction is a felony under Louisiana law, carrying prison exposure rather than the jail and probation structure used for a first or second offense. Some drivers also assume older convictions always count toward this enhancement, though Louisiana generally applies a 10 year lookback period that can exclude older convictions from the count.
Drivers sometimes believe refusing a chemical test avoids all legal consequences related to the arrest. Refusing a test under the implied consent provisions in Louisiana Revised Statutes Section 32:661 can still trigger an administrative license suspension on its own, separate from whatever penalty a criminal conviction might later carry under Louisiana Revised Statutes Section 14:98 and its related offense sections.
Louisiana law also allows a restricted or hardship license in some circumstances during a suspension period, though eligibility generally depends on the offense number, the blood alcohol concentration involved, and whether an ignition interlock device has been installed as required. Readers can review the Disclaimer for more on the general informational nature of this guide.
Disclaimer
This article is for general informational purposes only. It is not legal advice. Lawwalls publishes informational content only and does not provide legal services or legal advice.
For legal advice about your specific situation contact a licensed attorney in your state. Laws change and vary by jurisdiction. Verify current rules with official government sources or a qualified lawyer.