Louisiana · DWI · Checked October 2026
Louisiana DWI Penalties: First, Second and Third Offense
Louisiana DWI Penalties: What Are the Rules?
Louisiana sets DWI penalties by offense, and they rise with each conviction.
- 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
- Lookback period
- 10 years
Louisiana DWI Penalties by 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 |
Other First Offense Penalties in Louisiana
- court-approved substance abuse program with screening
- court-approved driver improvement program
Other Second Offense Penalties in Louisiana
- court-approved substance abuse program with screening
- court-approved driver improvement program
- if arrested within one year of the first offense, at least 30 days must be served without parole, probation or suspension
Other Third Offense Penalties in Louisiana
- vehicle may be seized and sold at auction on the district attorney's motion
- if probation is granted: 240 hours of community service, employment, driver improvement, substance abuse evaluation and treatment, and at least 6 months of home incarceration
When Penalties Are Higher in Louisiana
- 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 suspension
- 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 suspension
- child 12 or younger in the vehicle (Child Endangerment Law): the minimum mandatory sentence cannot be suspended
- 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 suspension
When a DWI Is 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 yearsLa. R.S. 14:98.3; La. R.S. 14:98.4; La. R.S. 14:2(A)(4)
How Far Back Prior Offenses Count in Louisiana
10 years. a prior conviction counts if committed within 10 years of the new offense; time spent awaiting trial, under attachment for failure to appear, on probation or parole for such an offense, or incarcerated for any offense is excluded from the 10 years; priors include vehicular homicide, third degree feticide, vehicular negligent injuring, and other states' impaired-driving convictionsLa. R.S. 14:98(C)
Official source: how far back prior offenses count (Louisiana)
More on DWI Law in Louisiana
See the full overview of DWI laws in Louisiana and read about first-offense DUI penalties across the states.
This page summarizes Louisiana law from official sources, checked October 2026. It isn't legal advice; 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.
What Is the Penalty for a Second DWI in Louisiana?
Jail: 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. Fine: $750 to $1,000 ($1,000 at BAC 0.20 or more). License suspension: 24 months on conviction (4 years at BAC 0.15 or more); restricted license available with an ignition interlock.
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