Louisiana DWI Laws: Drunk Driving Charges and Penalties
Louisiana drivers are experiencing fewer DWI accidents overall in the past few years, but the state remains among the top ten states for drunk driving deaths. The dramatic drop is largely due to lawmakers toughening DWI laws, especially those related to repeat offenses or high blood alcohol concentration (BAC). This guide breaks down key steps in Louisiana’s DWI enforcement and explains what drivers need to know to earn back driving privileges if convicted of a drunk driving charge.
Getting Started
If you’re arrested for DWI in Louisiana, it’s essential to understand the legal and administrative processes involved. You face both administrative penalties through the Office of Motor Vehicles (OMV) and criminal charges through the court system. Understanding all aspects of Louisiana’s DWI laws will help you navigate the state’s legal process and work toward license reinstatement.
Important Note: While this page provides detailed information, DUI.org does not offer legal advice. Laws can change, so consult a qualified DWI attorney for personalized guidance.
Definitions to Know
DWI (Driving While Intoxicated)
Louisiana’s legal term for driving under the influence of alcohol or drugs.
SR-22
A certificate of financial responsibility filed by your auto insurer proving you maintain the minimum required liability insurance coverage after a DWI conviction.
IID (Ignition Interlock Device)
A breathalyzer in a vehicle that stops it from starting if it detects alcohol over a set limit on your breath.
Louisiana Office of Motor Vehicles (OMV)
The Louisiana Office of Motor Vehicles handles the administrative aspects of DWI cases, including license suspensions and reinstatements. The OMV requires proper documentation and fees for license reinstatement following a DWI suspension. They also oversee the Ignition Interlock Device program for those required to install an IID as a condition of maintaining or regaining driving privileges.
Steps to Take After a DWI Arrest in Louisiana
- Hire an Attorney
Legal representation is crucial to navigate both the administrative and criminal processes of a DWI case.
- License Suspension
Your driver’s license will likely be suspended administratively, separate from any court action.
- Request an Administrative Hearing
You have 30 days from arrest to request a hearing with the OMV to contest the administrative license suspension.
- Apply for a Restricted License
If eligible, you may apply for a hardship license that allows limited driving privileges with an installed ignition interlock.
- Install an Ignition Interlock Device
Required for certain offenses and mandatory for high BAC convictions or repeat offenses.
Explore IIDs - File SR-22 Form
Proof of insurance-related financial responsibility through an SR-22 may be required for license reinstatement after a DWI.
Explore SR-22 Insurance - Complete Substance Abuse Evaluation and Treatment
You’ll need to undergo evaluation and complete any recommended treatment programs.
- Pay Fines and Fees
Court fines, license reinstatement fees, and other costs must be paid.
- Complete DWI Education Program
Mandatory substance abuse programs are required for most DWI convictions.
- Attend Court Proceedings
Your criminal case will proceed through court independently from the administrative actions.
- Probation
Terms typically include regular check-ins and abstaining from alcohol or drugs.
- Avoid Further Violations
Any new DWI or restricted license violation can lead to jail time and extended suspensions.
DWI Laws in Louisiana
What Are the Legal Driving Alcohol Limits in Louisiana?
In Louisiana, it’s illegal to drive if you’re under the influence of alcohol, drugs, or both. The law sets specific blood alcohol concentration (BAC) limits based on your age and license type. Police often use breathalyzers to measure your breath alcohol concentration (BrAC).
| Driver Category | Illegal BAC Limit |
| 21 and older | 0.08% or higher |
| Commercial Drivers (CDL) | 0.04% or higher |
| Under 21 | 0.02% or higher |
Felony vs Misdemeanor DWI Charges
In Louisiana, a DWI is generally a misdemeanor for the first two offenses but becomes a felony on the third and subsequent offenses . A third or subsequent DWI offense within a 10-year period is treated with increased severity, with mandatory minimum jail sentences and fines. For fourth and subsequent offenses, you face up to 30 years in prison and fines up to $5,000.
Refusing a Chemical Test Under Louisiana DWI Law
Louisiana enforces an implied consent law. This law means you automatically give your permission to be chemically tested when operating a vehicle on public roads. Refusing to submit to a blood, breath, or urine test when lawfully requested by a law enforcement officer results in automatic license suspension.
| Offense | Refusal Penalty |
| 1st Refusal | 1-year license suspension |
| 2nd or Subsequent Refusal | 2-year license suspension |
DWI Penalties & Consequences
Penalties for DWI Offenses in Louisiana
Louisiana has some of the strictest DWI penalties in the country, with mandatory minimum jail sentences even for first-time offenses. Penalties increase significantly with each subsequent conviction, especially if they occur within a 10-year period.
1st Offense
Jail Time: 10 days to 6 months (may be suspended)
Fines: $300-$1,000
License Suspension: Up to 12 months
2nd Offense
Jail Time: 30 days to 6 months (48 hours mandatory)
Fines: $750-$1,000
License Suspension: 24 months
3rd Offense
Jail Time: 1-5 years (with mandatory jail time)
Fines: $2,000
License Suspension: 36 months
4th Offense
Jail Time: 10-30 years (with mandatory prison time)
Fines: Up to $5,000
License Suspension: 36 months
Aggravating Factors That Increase Louisiana DWI Penalties
In Louisiana, these aggravating factors lead to elevated criminal charges, harsher fines, longer jail or prison time, and extended license suspensions:
- High BAC levels (0.15% or 0.20% and above)
- Causing an accident resulting in injury or death
- Having a child under 12 in the vehicle
- Driving at excessive speeds while intoxicated
- Prior DWI convictions, especially within a 10-year period
Driving Without a Valid License
Driving with a suspended license in Louisiana is a serious offense that can result in additional fines up to $500, jail time up to 6 months, and extended license suspension periods. Additionally, if caught driving while your license is suspended for a DWI, your vehicle may be impounded, and you could face new criminal charges. This would significantly complicate your existing DWI case and potentially result in revocation of any probation or conditional release.
License Suspension
Who Determines if You Can Continue Driving After a DWI
In Louisiana, both the Office of Motor Vehicles (administrative) and the courts (criminal) have roles in determining driving privileges after a DWI. The OMV handles administrative suspensions which occur shortly after arrest, while the court imposes additional suspensions upon conviction. To obtain a restricted license during suspension, you must typically install an ignition interlock device and meet other requirements set by the OMV.
How Long Will Your License Be Suspended?
Getting your license suspended in Louisiana means you cannot legally drive a vehicle unless you obtain a restricted license during your suspension period. Below are the typical suspension periods for DWI in Louisiana:
.08%-.19% BAC
| Offense (Adult, 21+) | Administrative Suspension | Court Suspension (standard DWI) |
| 1st offense | 90 days | 90 days |
| 2nd offense | 365 days | 365 days |
| 3rd offense | 365 days | 730 days (2 years) |
| 4th or subsequent | 365 days | 1095 days (3 years) |
High‑BAC (.20+)
| Offense (any age) with BAC .20+ | Administrative Suspension | Court Suspension (DWI .20+) |
| 1st offense | 730 days (2 years) | 730 days (2 years) |
| 2nd offense | 1460 days (4 years) | 1460 days (4 years) |
For underage DUIs (.02–.19 BAC), administrative suspension is 180 days. UDUI court suspension runs 180 days on a first and 365 days on a second.
Steps to Reinstate Your License
- Serve suspension period fully
- Pay reinstatement fees
- Provide proof of financial responsibility via SR-22 form, if required
- Complete required substance abuse education or treatment programs
- Install an interlock if mandated by court or administrative order
- Obtain written clearance from the Driver Improvement Division
Restoring Your Driving Privileges
Louisiana applies a unique requirement for written clearance from the Driver Improvement Division (DID) to reinstate your license. The state offers options for restricted driving privileges during a suspension period, though eligibility varies based on your specific situation and offense history.
Eligibility for a Restricted Driver’s License
You may be eligible for a restricted license in Louisiana if:
- You have no prior DWI conviction on record
- Your current DWI did not result in serious injury or death
- You install an ignition interlock on all vehicles you operate
- You enroll in or complete required substance abuse programs
- You file an SR-22 form with the OMV, if required
How to Apply for Temporary Restricted Driver’s License
- Petition the court for a hardship license, if required
- Install an ignition interlock on your vehicles (approved by the OMV)
- Submit SR-22 insurance certificate, if required
- Provide documentation of need (employment verification or medical necessity)
- Pay applicable fees
- Complete any required substance abuse evaluation or education programs
- Submit application to the Louisiana OMV
Louisiana Ignition Interlock Device (IID) Requirements
Louisiana law requires IIDs for various DWI offenses. For first-time offenses with a BAC of 0.08% or higher, an interlock is typically required for at least 6 months to obtain a restricted license. For second and subsequent offenses, the ignition interlock requirement extends to at least 12 months. If your BAC was 0.15% or higher, the interlock device requirement is extended, and for 0.20% or above, the minimum period is often doubled.
The ignition interlock device must be installed by a state-approved provider and requires monthly calibration and monitoring. You are responsible for all installation costs and monthly maintenance fees. Any attempt to tamper with or circumvent the device will result in extended suspension periods and possible criminal charges.
Selecting the right ignition interlock provider can make a world of difference.
SR-22 Insurance Requirements
In Louisiana, an SR-22 may be required after a DWI conviction to reinstate your driving privileges. This is not an insurance policy but a certificate your insurance carrier files with the state confirming you meet minimum liability coverage requirements. You must maintain the SR-22 filing typically for three years from the reinstatement of your license. Any lapse in coverage will trigger automatic notification to the OMV and may result in immediate re-suspension of your license. Expect your insurance premiums to increase significantly after a DWI conviction.
Let us help connect you to the right licensed insurance specialist for you.
Substance Abuse Evaluation and Treatment
Louisiana requires drivers convicted of DWI to undergo substance abuse evaluation and complete recommended treatment. The evaluation assesses your alcohol and drug use patterns to determine appropriate intervention. Based on the results, you may be required to complete educational programs, outpatient treatment, or in some cases, inpatient rehabilitation.
For first offenses, attendance of an educational program is typically required. Drivers with multiple convictions usually face more intensive requirements, including 32-hour treatment programs and potential ongoing counseling. These programs must be completed through state-approved providers, and all costs are your responsibility.
Understand what to expect and how to prepare for a substance abuse evaluation.
FAQs About DWIs in Louisiana
How long does a DWI stay on your record in Louisiana?
DWI convictions remain on your criminal record permanently in Louisiana, though for enhanced sentencing purposes, they’re counted within a 10-year period.
Can you refuse a breathalyzer test in Louisiana?
You can refuse, but under implied consent laws, refusal results in automatic license suspension for 1-2 years.
Do you need an ignition interlock for a first DWI in Louisiana?
For a first offense with BAC under 0.15%, an IID is required to obtain a restricted license. If BAC is 0.15% or higher, an interlock device is mandatory.
Sources
- Louisiana Legislature. (n.d.). Louisiana Revised Statutes Title 14. Retrieved from https://legis.la.gov/legis/Law.aspx?d=78751
- Louisiana Legislature. (n.d.). Louisiana Revised Statutes Title 32. Retrieved from https://legis.la.gov/Legis/Law.aspx?d=88397
- FindLaw. (n.d.). What are the Louisiana DWI Laws? Retrieved from https://www.findlaw.com/state/louisiana-law/what-are-the-louisiana-dwi-laws.html
- National College for DUI Defense. (n.d.). Louisiana OWI Laws. Retrieved from https://www.ncdd.com/louisiana-owi-laws
- City of Baton Rouge. (n.d.). Educational and Rehabilitative Courses. Retrieved from https://www.brla.gov/DocumentCenter/View/71/Educational-and-Rehabilitative-Courses-PDF?bidId=
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