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

DWI penalties in Louisiana
PenaltyFirst offenseSecond offenseThird offense
Chargemisdemeanormisdemeanorfelony (punishable by imprisonment at hard labor)
Jail10 days to 6 months; if suspended, probation requires 48 hours in jail or at least 32 hours of community service30 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 service1 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 suspension12 months on conviction (2 years at BAC 0.15 or more); restricted license available with an ignition interlock24 months on conviction (4 years at BAC 0.15 or more); restricted license available with an ignition interlock36 months on conviction; after one year of the suspension, a restricted license with ignition interlock for work and designated places
Ignition interlockas 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 suspensionignition interlock for at least 6 months from conviction and during any license suspension; for the full 4-year suspension at BAC 0.20 or moreany 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

Official source: other first offense penalties (Louisiana)

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

Official source: other second offense penalties (Louisiana)

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

Official source: other third offense penalties (Louisiana)

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

Official source: when penalties are higher (Louisiana)

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)

Official source: when a dwi is a felony (Louisiana)

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

Sources

  1. Penalties: La. R.S. 14:98.1(A); La. R.S. 32:414(A)(1)
  2. Penalties: La. R.S. 14:98.2(A); La. R.S. 32:414(B)(2)
  3. Penalties: 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)
  4. Penalties: La. R.S. 14:98(B)
  5. Penalties: La. R.S. 14:98.4(A)(1)

dui.help is an independent guide, not a law firm or a government agency, and doesn't give legal advice. For advice on your case, talk to a lawyer licensed in your state; your state bar can refer you, and if you can't afford a lawyer, ask the court about a public defender.