Louisiana DUI laws set the blood alcohol concentration limit at 0.08% for standard drivers. A first offense conviction can bring a fine between $300 and $1,000 and a jail term of ten days to six months. A third offense becomes a felony carrying a $2,000 fine and one to five years in prison. This guide covers penalties by offense, license suspension, and implied consent under Louisiana Revised Statutes Section 14:98.
What Louisiana Law Calls a DUI
Louisiana statutes use the term DWI, meaning driving while intoxicated, rather than DUI. The offense is defined under Louisiana Revised Statutes Section 14:98.1 (first offense DWI penalties) and its related sections. The two terms describe the same conduct, and courts and the public use them interchangeably. A person operates a vehicle while intoxicated when their blood alcohol concentration reaches 0.08% or when drugs impair driving.
How BAC Is Measured
Blood alcohol concentration reflects the percentage of alcohol present in a person’s blood at the time of testing. Law enforcement measures BAC through breath, blood, or urine tests conducted after a lawful stop. A reading of 0.08% or higher meets the legal threshold for a standard adult driver. Higher readings, specifically 0.15% and 0.20%, trigger additional mandatory penalties beyond the base first offense sentencing structure.
Who the Law Applies To
Louisiana DWI law applies to anyone operating a motor vehicle, aircraft, watercraft, or similar conveyance on public roads or waterways. Standard adult drivers face the 0.08% threshold described above. The law also covers underage and commercial drivers under separate provisions, though this guide focuses on the general adult standard. Any driver suspected of impairment can be arrested and tested regardless of the exact BAC reading recorded.
First Offense Penalties
A first offense conviction under Section 14:98.1 carries a fine of $300 to $1,000 and imprisonment of ten days to six months. Courts may suspend this sentence in favor of probation, which generally requires forty eight hours in jail or thirty two hours of community service. If the offender’s BAC reached 0.15% or higher, the license is suspended for two years and an ignition interlock device becomes a probation condition.
Second Offense Penalties
A second offense conviction brings a fine of $750 to $1,000 and imprisonment of thirty days to six months. At least forty eight hours of that sentence must be served without benefit of parole, probation, or suspension of sentence. Courts also require an ignition interlock device on any vehicle the offender drives during probation. This requirement generally continues for a set period tied to the license suspension length.
Third and Fourth Offense Penalties
A third offense becomes a felony under Louisiana Revised Statutes Section 14:98.3 (third offense DWI penalties). It carries a $2,000 fine and one to five years imprisonment, with at least one year served without benefit of parole or probation. A fourth or subsequent offense is also a felony, carrying a $5,000 fine and ten to thirty years imprisonment, with at least two years served without benefit of release.
What Without Benefit Means
The phrase without benefit of parole, probation, or suspension of sentence describes a mandatory minimum portion of a sentence. A judge cannot reduce, suspend, or excuse this portion once a conviction occurs. This differs from the rest of a sentence, which a court may adjust through probation or other conditions. Readers often assume any sentence can shrink with legal representation, but this mandatory minimum portion cannot.
License Suspension Is a Separate Process
A Louisiana DWI arrest triggers two separate legal tracks that move on different timelines. The criminal case proceeds through court and determines fines, jail time, and probation conditions. Separately, the Louisiana Office of Motor Vehicles suspension information page confirms that license suspension is handled administratively. A driver may need to request a hearing to contest this administrative suspension within a set window after arrest.
Reinstating a Suspended License
Reinstating a license after a DWI suspension requires meeting conditions set by the Office of Motor Vehicles rather than the criminal court. The Louisiana Office of Motor Vehicles license reinstatement and disqualifications page explains that reinstatement fees and required documents vary by offense count and suspension type. An ignition interlock device is often required as part of reinstatement, particularly for repeat offenses or high BAC readings recorded during arrest.
Implied Consent and Chemical Testing
Louisiana operates under an implied consent framework described in Louisiana implied consent law, Revised Statutes Title 32. Anyone who drives on Louisiana public roads is considered to have already agreed to a chemical test if arrested for suspected impairment. This consent applies to breath, blood, or urine testing requested after a lawful arrest. Refusing the requested test carries its own separate administrative consequences apart from the underlying DWI charge itself.
Consequences of Refusing a Test
Refusing a chemical test under Louisiana’s implied consent law leads to license seizure under the procedures described in Revised Statutes Section 32:667. Many drivers believe refusal avoids all legal consequences tied to a DWI stop, but this is a common misconception. Refusal instead triggers its own suspension process, separate from any later criminal conviction. Evidence of the refusal can also be used against the driver in the related criminal case.
An Upcoming Change for Repeat Offenders
Louisiana House Bill 82, passed during the 2026 Regular Session, increases fines and prison exposure specifically for repeat DWI offenders. This change takes effect August 1, 2026, and does not apply retroactively before that date. Readers evaluating current penalties before that date should rely on the offense tier figures described earlier in this guide. Laws and enforcement may change, so readers should check official state sources for the latest rules.
Common Misconceptions About Louisiana DWI Law
Many readers assume a first offense automatically means unavoidable jail time with no alternative. In practice, courts may suspend the base sentence in favor of probation once minimum jail or community service conditions are met. Another common misconception is that a not guilty verdict automatically restores driving privileges. Louisiana treats the administrative suspension as a separate matter, decided by the Office of Motor Vehicles rather than the criminal court.
Because license suspension runs through this separate administrative process, a driver found not guilty may still need to resolve the suspension independently through the Office of Motor Vehicles. Penalty figures, suspension periods, and interlock requirements described in this guide reflect Louisiana Revised Statutes current as of this writing. Readers should review the Disclaimer below before relying on any figure in this article for a specific situation.
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.