Louisiana DWI Laws: Penalties, BAC Limit & License (2026)

In Louisiana the offense is operating a vehicle while intoxicated, commonly called DWI, and La. R.S. 14:98 makes it unlawful to drive with a blood alcohol concentration (BAC) of 0.08 percent or more. A first DWI is a misdemeanor punishable by 10 days to six months in jail, a fine of $300 to $1,000, and a license suspension administered by the Office of Motor Vehicles.

This guide is part of our DUI Laws by State series.

What counts as a DWI in Louisiana

Louisiana's core DWI statute, La. R.S. 14:98, defines the offense as operating a vehicle when the driver is impaired by alcoholic beverages, has a BAC of 0.08 percent or more, or is impaired by drugs or a combination of substances. Because impairment is a separate basis, a driver below 0.08 percent can still be convicted if the state proves impairment. Drivers under 21 fall under R.S. 14:98.6, the underage operating-while-intoxicated statute, which sets a 0.02 percent zero-tolerance limit. Commercial drivers are held to a 0.04 percent standard under Louisiana's commercial-vehicle rules, consistent with the federal CDL benchmark. The 0.08 figure is the federal standard adopted by every state except Utah, which uses 0.05 percent, as the National Highway Traffic Safety Administration describes. A BAC of 0.15 percent or more, and 0.20 percent or more, each trigger added penalties under R.S. 14:98.1.

First-offense DWI penalties in Louisiana (jail, fines, suspension)

A first DWI is a misdemeanor. La. R.S. 14:98.1 provides that the offender shall be fined not less than $300 nor more than $1,000 and imprisoned for not less than 10 days nor more than six months. Courts commonly suspend most of the jail time and impose probation with conditions, including a substance abuse program and community service. A BAC of 0.15 percent or more adds 48 hours of jail that cannot be suspended, and a BAC of 0.20 percent or more adds 48 hours plus a higher minimum fine. The license suspension is administered by the Louisiana Office of Motor Vehicles under Title 32, and a higher-BAC first offense carries a two-year suspension under R.S. 14:98.1. To reinstate, a driver must also file proof of financial responsibility (an SR-22) for three years.

Watch out: The OMV administrative suspension and the criminal case run on separate tracks. You can have the DWI charge reduced or dismissed and still lose your license through the administrative action, so it is important to address the OMV suspension and the court case as two distinct matters.

Ignition interlock requirements in Louisiana

Louisiana effectively requires an ignition interlock device for a first offender who wants to keep driving. Under R.S. 14:98.1, if the offender operates a vehicle during probation, the vehicle must have a functioning interlock device for at least six months. When the BAC was 0.15 percent or more, the device must remain installed during probation and for the entire period of the license suspension. The Office of Motor Vehicles also conditions a restricted hardship license on proof that an interlock device is installed, and it requires the device where the arrest involved a crash with injury, a young child in the vehicle, or a prior alcohol violation. The device requires a breath sample before the engine starts and at random points during a trip.

License suspension and the administrative (ALS) process in Louisiana

Louisiana runs two suspension systems at once. The administrative suspension is a civil action by the Office of Motor Vehicles, separate from the criminal court case. Under R.S. 32:667, the arresting officer seizes the license and issues a 30-day temporary permit. For a first offender who fails the test with a BAC of 0.08 to 0.14 percent, the OMV suspension is 180 days; at a BAC of 0.15 percent or more it is 730 days; and for a refusal it is 365 days. A driver may request an administrative hearing to contest the suspension, and a restricted hardship license is generally available with proof of an interlock device. A separate court-ordered suspension can follow a conviction. To reinstate, a driver pays the reinstatement fee, files an SR-22, and meets any interlock condition.

Repeat offenses and the Louisiana cleansing period

Louisiana counts prior DWIs within a 10-year cleansing period under R.S. 14:98, and the statute excludes time the offender spent awaiting trial, incarcerated, or on probation or parole when measuring the period. A second DWI under R.S. 14:98.2 is a misdemeanor with steeper penalties, including mandatory interlock use. The felony threshold sits at the third offense: under R.S. 14:98.3, a third DWI is punishable by one to five years with or without hard labor and a $2,000 fine, and the hard-labor exposure makes it a felony. A fourth DWI under R.S. 14:98.4 carries 10 to 30 years and a $5,000 fine. Vehicular homicide while intoxicated under R.S. 14:32.1 is a felony regardless of offense number.

Watch out: Refusing the breath or blood test does not protect your license. A first refusal triggers a one-year OMV suspension, longer than the 180-day suspension for failing the test, and in repeat-refusal cases or where a crash caused death or serious injury, refusal can itself be charged as a crime.

Refusing a breath or blood test in Louisiana

Louisiana's implied consent law provides that by driving you have consented to a chemical test if lawfully arrested for DWI. Under R.S. 32:667, a first refusal results in a one-year administrative license suspension, and a driver who has refused on two prior occasions, or where a crash caused a fatality or serious bodily injury, may not refuse and faces a separate criminal penalty under R.S. 32:666. In ordinary first-arrest cases the driver may refuse, but evidence of the refusal is admissible in the criminal case, and a driver who refuses cannot obtain a restricted license for the first 90 days of the suspension. Because the refusal suspension is longer than the suspension for failing the test, refusing usually makes the license consequences worse.

Can you expunge or seal a DWI in Louisiana

Louisiana allows expungement of a first-offense DWI in narrow circumstances. A first DWI is a misdemeanor, and under La. Code Crim. Proc. art. 977 a misdemeanor conviction may be expunged after more than five years have passed since completing the sentence, probation, or parole, provided the person has no intervening disqualifying convictions and no pending charges. Felony DWIs follow the stricter rules in La. Code Crim. Proc. art. 978, and a third or fourth offense generally cannot be expunged. An expungement removes the record from public view but does not erase it for law enforcement or for counting prior offenses, so an expunged DWI can still affect a later case during the cleansing period. Charges that were dismissed or that ended in acquittal follow a separate expungement path.

What to do after a DWI arrest in Louisiana

A Louisiana DWI creates two separate matters: a criminal case in court and an administrative license case at the Office of Motor Vehicles. The deadlines move quickly, so a common first step is to address the OMV suspension promptly, including any request for an administrative hearing, because the temporary permit lasts only about 30 days. The criminal case proceeds on its own schedule from arraignment through pretrial and resolution. General information cannot tell you how your case will come out, since the outcome depends on the specific facts, the evidence, and your record. Many people consult a licensed Louisiana DWI attorney to understand the charge, the interlock and SR-22 requirements, and the options for both the court case and the license case. Keep the arrest paperwork, the temporary permit, and any test results in a safe place.