Louisiana · DWI
Louisiana DWI laws and penalties
Louisiana's legal BAC limit is 0.08%. For a first offense, Louisiana's statute provides jail of 10 days to 6 months and a fine of $300 to $1,000. The license hearing, the ignition interlock rule and the statute behind every figure are below.
In Louisiana the offense is called DWI (driving while impaired). It is the offense most states call DUI.
Figures read from official pages on .
Louisiana DWI laws at a glance
- Legal BAC limit
- 0.08%
- Standard US limit
- Enhanced penalty BAC
- 0.15%
- Where the penalties step up
- Zero tolerance (under 21)
- 0.02%
- Limit for drivers under 21
- Lookback period
- 10 years
- Prior DWI offenses that count
License hearing: ask within 30 days
In writing to the Department of Public Safety and Corrections within 30 days of the arrest (up to 90 days if you could not ask in time, for example because you were jailed or in hospital). Count the days with the license-hearing window calculator.Higher BAC level. At 0.15 or more the license is suspended for two years and 48 more hours must be served; at 0.20 or more the fine is $750 to $1,000.
Ignition interlock. A first offender on probation may not drive for at least six months unless the vehicle has an interlock.
01Penalties
Louisiana DWI penalties
| Penalty | 1st offense | 2nd offense |
|---|---|---|
| Jail (minimum) | 10 days | 30 days |
| Jail (maximum) | 6 months | 6 months |
| Fine (minimum) | $300 | $750 |
| Fine (maximum) | $1,000 | $1,000 |
| License suspension | 12 months suspension (ignition interlock restricted license available; 2 years at 0.15 or more) | 24 months suspension (restricted license with ignition interlock device available after 45 days; 4 years at 0.15 or more) |
Statutory ranges only. Actual outcomes vary by county, judge, and attorney. Does not include court fees, surcharges, or program costs.
02Compare
How Louisiana compares
Of the 49 states with a confirmed BAC limit, 48 (Louisiana among them) use 0.08%; Utah has 0.05%.
On this site's reading of the statutes, of the 49 states with a confirmed rule, 21 require an ignition interlock after every first conviction, 18 in some cases and 8 leave it to the judge; 2 do not require one. Louisiana requires one after every first conviction.
The 40 states with a fixed deadline give from 6 to 90 days to ask for a license hearing (the middle one is 10); Louisiana gives 30.
| State | BAC limit | Hearing request | Interlock, first offense | Jail, first offense | Fine, first offense | License, first offense |
|---|---|---|---|---|---|---|
| Arkansas | 0.08% | 7 days | Required | 24 hours to 1 year | $150 to $1,000 | 6 months |
| Louisiana (this page) | 0.08% | 30 days | Required | 10 days to 6 months | $300 to $1,000 | 12 months suspension |
| Mississippi | 0.08% | 30 days | At the judge's discretion | Up to 48 hours | $250 to $1,000 | 120 days |
| Texas | 0.08% | 15 days | In some cases | 72 hours to 180 days | Up to $2,000 | 90 days to 1 year |
Every figure is the statute's own, read from the same kind of page. See DUI laws and penalties for all 50 states.
03The process
How a DWI case moves through the system in Louisiana
Arrest and booking
Police arrest a driver on suspicion of DWI and take the person to the local jail, where booking records the arrest, the charge and the times.
Release
A person is released after posting bail, on their own recognizance, or after a hold. Amounts and timing differ by county.
License action
In writing to the Department of Public Safety and Corrections within 30 days of the arrest (up to 90 days if you could not ask in time, for example because you were jailed or in hospital).
Arraignment
The first court appearance, where the charge is read and a plea (guilty, not guilty or no contest) is entered.
Pretrial resolution
A case can end in a plea to a reduced charge, in a diversion or deferred program where the state has one, in a trial, or in a dismissal, depending on the state and the facts.
Sentencing or trial
For a first offense, Louisiana's statute provides jail of 10 days to 6 months and a fine of $300 to $1,000. See the penalties table above.
04Sources
Where Louisiana's figures come from
- La. R.S. 14:98(A)(1); penalties in R.S. 14:98.1 (first), 14:98.2 (second) (legis.la.gov)Main statute · BAC limit, age 21 and over · Lookback period
- La. R.S. 14:98.1(A)(2), (A)(3) (legis.la.gov)Higher BAC level · Ignition interlock, first offense · First offense: jail, minimum · First offense: jail, maximum · First offense: fine, minimum · First offense: fine, maximum
- La. R.S. 14:98.6(A) (legis.la.gov)BAC limit under 21
- La. R.S. 32:667(A)(2)(a) (legis.la.gov)License hearing request
- La. R.S. 32:414(A)(1)(a), (A)(1)(c)(i) (legis.la.gov)First offense: license · Second offense: license
- La. R.S. 14:98.2(A)(1) (legis.la.gov)Second offense: jail, minimum · Second offense: jail, maximum · Second offense: fine, minimum · Second offense: fine, maximum
Show the exact words behind each figureHide the exact words
- Main statute
La. R.S. 14:98
La. R.S. 14:98(A)(1); penalties in R.S. 14:98.1 (first), 14:98.2 (second)
The crime of operating a vehicle while impaired is the operating of any motor vehicle, aircraft, watercraft, vessel, or other means of conveyance when any of the following conditions exist:
- BAC limit, age 21 and over
0.08%
La. R.S. 14:98(A)(1)(b)
The operator's blood alcohol concentration is 0.08 percent or more by weight based on grams of alcohol per one hundred cubic centimeters of blood.
- Higher BAC level
0.15%
La. R.S. 14:98.1(A)(2), (A)(3)
If the offender had a blood alcohol concentration of 0.15 percent or more but less than 0.20 percent by weight based on grams of alcohol per one hundred cubic centimeters of blood, at least forty-eight hours of the sentence imposed pursuant to Paragraph (1) of this Subsection shall be served without the benefit of parole, probation, or suspension of sentence
- BAC limit under 21
0.02%
La. R.S. 14:98.6(A)
The crime of underage operating a vehicle while impaired is the operating of any motor vehicle, aircraft, watercraft, vessel, or other means of conveyance when the operator's blood alcohol concentration is 0.02 percent or more by weight based on grams of alcohol per one hundred cubic centimeters of blood, if the operator is under the age of twenty-one.
- Lookback period
10 years
La. R.S. 14:98(C)(3)
if committed more than ten years prior to the commission of the crime for which the defendant is being tried, and such conviction shall not be considered in the assessment of penalties in this Section.
- License hearing request
30 days
La. R.S. 32:667(A)(2)(a)
he has not more than thirty days from the date of arrest to make written request to the Department of Public Safety and Corrections for an administrative hearing in accordance with the provisions of R.S. 32:668.
- Ignition interlock, first offense
Required after a first conviction
La. R.S. 14:98.1(A)(1)(d), (A)(3)(c)
the court shall order that the offender not operate a motor vehicle during the period of probation, for no less than six months, unless any vehicle, while being operated by the offender, is equipped with a functioning ignition interlock device
- First offense: jail, minimum
10 days
La. R.S. 14:98.1(A)(1)
on a conviction of a first offense violation of R.S. 14:98, the offender shall be fined not less than three hundred dollars nor more than one thousand dollars, and shall be imprisoned for not less than ten days nor more than six months.
- First offense: jail, maximum
6 months
La. R.S. 14:98.1(A)(1)
Same passage as above.
- First offense: fine, minimum
$300
La. R.S. 14:98.1(A)(1)
Same passage as above.
- First offense: fine, maximum
$1,000
La. R.S. 14:98.1(A)(1)
Same passage as above.
- First offense: license
12 months suspension (ignition interlock restricted license available; 2 years at 0.15 or more)
La. R.S. 32:414(A)(1)(a), (A)(1)(c)(i)
The department shall suspend the license of any person for a period of twelve months upon receiving, from any district, city, or municipal court, of this state or of any other state, having traffic jurisdiction, or from any federal court or magistrate having traffic jurisdiction, satisfactory evidence of the conviction or of the entry of a plea of guilty or nolo contendere and sentence thereupon
- Second offense: jail, minimum
30 days
La. R.S. 14:98.2(A)(1)
the offender shall be fined not less than seven hundred fifty dollars nor more than one thousand dollars, and shall be imprisoned for not less than thirty days nor more than six months. At least forty-eight hours of the sentence imposed shall be served without benefit of parole, probation, or suspension of sentence.
- Second offense: jail, maximum
6 months
La. R.S. 14:98.2(A)(1)
Same passage as above.
- Second offense: fine, minimum
$750
La. R.S. 14:98.2(A)(1)
Same passage as above.
- Second offense: fine, maximum
$1,000
La. R.S. 14:98.2(A)(1)
Same passage as above.
- Second offense: license
24 months suspension (restricted license with ignition interlock device available after 45 days; 4 years at 0.15 or more)
La. R.S. 32:414(B), (B)(2)
B. The department shall forthwith suspend the license of any person, for a period of twenty-four months, upon receiving satisfactory evidence of the conviction or of the entry of a plea of guilty and sentence thereupon or of the forfeiture of bail of any such person charged with any of the following crimes:
05Related
Related pages
- CalculatorDUI License-Hearing WindowThe hearing request window listed for each state, counted from a date you enter.
Note: This page summarizes state statutes and published figures. It is general information, not legal advice, and it may be out of date or incomplete. Penalty ranges are statutory ranges; actual outcomes depend on the case. See the Disclaimer.