Louisiana · DWI · Checked October 2026

DWI Laws in Louisiana

What Happens if You Get a DWI in Louisiana?

Louisiana calls it DWI, and the legal limit for adult drivers is 0.08 blood alcohol content.

License hearing deadline: 30 days to challenge your license suspension
First offense jail: 10 days to 6 months; if suspended, probation requires 48 hours in jail or at least 32 hours of community service
First offense fine: $300 to $1,000 ($750 to $1,000 at BAC 0.20 or more)
First offense license: 12 months on conviction (2 years at BAC 0.15 or more); restricted license available with an ignition interlock
Felony: A third DWI within the 10-year lookback is punishable by imprisonment with or without hard labor, which makes it a felony; a fourth or later DWI carries 10 to 30 years

Researched and checked by the DUI Help Editorial Team ·October 3, 2026

Louisiana DWI Laws: Key Facts

Legal limit (adults): 0.08 BACLa. R.S. 14:98(A)(1)(b); La. R.S. 14:98.6(A); La. R.S. 14:98.1(A)(2)-(3); La. R.S. 32:414.2 (commercial 0.04 disqualification)
Commercial drivers (CDL): 0.04 BAC
Drivers under 21: 0.02 BAC (0.02 or more for operators under 21)
Enhanced penalties from: 0.15 BAC
Lookback period: 10 years
Sobriety checkpoints: Allowed

Louisiana DWI Penalties by Offense

DWI penalties in Louisiana for a first, second and third offense
Penalty	First offense	Second offense	Third offense
Charge	misdemeanor	misdemeanor	felony (punishable by imprisonment at hard labor)
Jail	10 days to 6 months; if suspended, probation requires 48 hours in jail or at least 32 hours of community service	30 days to 6 months; at least 48 hours without parole, probation or suspension; if the rest is suspended, probation requires 15 more days in jail or 240 hours of community service	1 to 5 years, with or without hard labor; at least 1 year without parole, probation or suspension (may be suspended for acceptance into a drug division probation program)
Fine	$300 to $1,000 ($750 to $1,000 at BAC 0.20 or more)	$750 to $1,000 ($1,000 at BAC 0.20 or more)	$2,000
License suspension	12 months on conviction (2 years at BAC 0.15 or more); restricted license available with an ignition interlock	24 months on conviction (4 years at BAC 0.15 or more); restricted license available with an ignition interlock	36 months on conviction; after one year of the suspension, a restricted license with ignition interlock for work and designated places
Ignition interlock	as a probation condition, no driving for at least 6 months unless the vehicle has an ignition interlock; at BAC 0.20 or more the interlock stays on for the whole license suspension	ignition interlock for at least 6 months from conviction and during any license suspension; for the full 4-year suspension at BAC 0.20 or more	any vehicle the offender drives must have an ignition interlock until substance abuse treatment and home incarceration (or the drug division program) are complete

First offense: La. R.S. 14:98.1(A); La. R.S. 32:414(A)(1) · Second offense: La. R.S. 14:98.2(A); La. R.S. 32:414(B)(2) · Third offense: La. R.S. 14:98.3(A); La. R.S. 14:98(F); La. R.S. 32:414(D)(1); La. R.S. 14:2(A)(4)

When Penalties Are Higher

BAC 0.15 to under 0.20: first offense: at least 48 hours served without parole, probation or suspension and a 2-year license suspension; second offense: at least 96 hours and a 4-year suspensionLa. R.S. 14:98.1(A)(2); La. R.S. 14:98.2(A)(2)
BAC 0.20 or higher: first offense: fine $750 to $1,000, 48 hours without benefit, interlock during the whole suspension; second offense: fine $1,000, 96 hours without benefit, interlock during the 4-year suspensionLa. R.S. 14:98.1(A)(3); La. R.S. 14:98.2(A)(3)
child 12 or younger in the vehicle (Child Endangerment Law): the minimum mandatory sentence cannot be suspendedLa. R.S. 14:98(B)
fourth or subsequent offense: fine of $5,000 and 10 to 30 years, with or without hard labor; 2 years (3 years after a prior drug division program) without parole, probation or suspensionLa. R.S. 14:98.4(A)(1)

More on Louisiana DWI penalties · Estimate penalties for your situation

If You Refuse a Breath or Blood Test

license suspended 1 year (2 years for a second refusal within 10 years); a person who has refused on two previous occasions, or after a crash with a death or serious bodily injury, may not refuse, and refusing then is a crime with a fine of $300 to $1,000 and 10 days to 6 months in jailLa. R.S. 32:667(B)(2); La. R.S. 32:666(A)(1)

Official source: if you refuse a breath or blood test in Louisiana

Getting a Restricted (Ignition Interlock) Driver's License

after a first or second administrative suspension for a refusal or a test under 0.15, you are immediately eligible for a restricted license on proof of a functioning ignition interlock; at 0.15 or more you are eligible for a hardship license for the whole 2-year or 4-year suspension with an interlock installed; no hardship license after a refusal where intoxication contributed to a death or serious bodily injury; if the department refuses, the district court of your parish may order it

Official source: getting a restricted (ignition interlock) driver's license in Louisiana

Ignition Interlock

First offense: as a probation condition: no driving for at least 6 months unless the vehicle has an interlock; required during the whole suspension at BAC 0.20 or more, and for a restricted license during a 0.15+ suspension Repeat offenses: second offense: at least 6 months from conviction plus any suspension period; third offense: any vehicle the offender drives, until treatment and home incarceration are complete; a restricted interlock license is available after one year of the 36-month suspension devices must comply with La. R.S. 14:98.5(C) and La. R.S. 32:378.2

Official source: ignition interlock in Louisiana

Can a DWI Come Off Your Record?

a misdemeanor conviction (a first or second DWI) can be expunged by motion Waiting period: 5 years after completing the sentence, deferred adjudication, probation or parole, with no felony conviction in that period and no felony charge pending; or sooner if the conviction was set aside and the prosecution dismissed under Article 894(B) the motion must include a district attorney certification of no felony convictions in the 5 years and no pending felony charges; felony convictions follow a separate 10-year rule (Art. 978)

Official source: can a dwi come off your record? in Louisiana

DUI Checkpoints

Sobriety checkpoints are allowed in Louisiana. Legal basis: Court decision; the Louisiana Highway Safety Commission funds sobriety checkpoints and publishes Supreme Court guidance for DWI checkpoints from State of Louisiana v. Jackson.State v. Jackson (La. Supreme Court)

Official source: dui checkpoints in Louisiana

Drivers Under 21

drivers under 21 commit underage operating while impaired at a BAC of 0.02 or more; 0.08 or more is charged as adult DWI first conviction: fine $100 to $250 and 10 days to 3 months in jail (probation requires 32 hours of community service and substance abuse and driver improvement programs); second or later: fine $250 to $500 and 30 days to 6 months; administrative license suspension of 180 days for a test at 0.02 or more

Official source: drivers under 21 in Louisiana

Driving After Using Drugs

yes; the same statute covers operating while impaired by any drug, combination of drugs, or alcohol and drugs, where "drug" means any substance that can impair safe operation

Official source: driving after using drugs in Louisiana

More on DWI Law in Louisiana

For the state's own guidance, see Louisiana Highway Safety Commission, Impaired Driving.

This page summarizes Louisiana law from official sources, checked October 2026. It isn't legal advice; laws change, and a lawyer licensed in Louisiana can advise on your case.

Frequently Asked Questions

What Is the Penalty for a First DWI in Louisiana?

Jail: 10 days to 6 months; if suspended, probation requires 48 hours in jail or at least 32 hours of community service. Fine: $300 to $1,000 ($750 to $1,000 at BAC 0.20 or more). License suspension: 12 months on conviction (2 years at BAC 0.15 or more); restricted license available with an ignition interlock.

How Long Do You Have to Request a License Hearing in Louisiana?

30 days. How it is counted: the date of arrest (the temporary receipt issued in place of your license is the notice); up to 90 days from arrest if incarceration, hospitalization or another cause acceptable to the department prevented a timely request, with documentation. Make a written request to the Department of Public Safety and Corrections for an administrative hearing. If you miss it, the suspension usually takes effect automatically.

When Is a DWI a Felony in Louisiana?

a third DWI within the 10-year lookback is punishable by imprisonment with or without hard labor, which makes it a felony; a fourth or later DWI carries 10 to 30 years

Are DUI Checkpoints Legal in Louisiana?

Yes. Legal basis: Court decision; the Louisiana Highway Safety Commission funds sobriety checkpoints and publishes Supreme Court guidance for DWI checkpoints from State of Louisiana v. Jackson.