Louisiana
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.
| First-offense item | Louisiana rule (statute or agency) |
|---|---|
| Offense level | Misdemeanor (R.S. 14:98.1) |
| Jail | 10 days to 6 months (R.S. 14:98.1) |
| Fine | $300 to $1,000 (R.S. 14:98.1) |
| Administrative suspension (fail) | 180 days (OMV, R.S. 32:667) |
| Administrative suspension (0.15%+) | 730 days (OMV) |
| Administrative suspension (refusal) | 365 days (R.S. 32:667) |
| SR-22 | Required, 3 years (OMV) |
| Cleansing period | 10 years (R.S. 14:98) |
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.
Frequently Asked Questions
What is the BAC limit in Louisiana?
The per se limit is 0.08 percent BAC under R.S. 14:98. Commercial drivers are limited to 0.04 percent, and drivers under 21 face a 0.02 percent zero-tolerance limit under R.S. 14:98.6. A BAC of 0.15 percent or more, and 0.20 percent or more, each add penalties.
How long do you lose your license for a first DWI in Louisiana?
The Office of Motor Vehicles suspends the license for 180 days if you failed the test, 730 days at a BAC of 0.15 percent or more, and 365 days if you refused. A higher-BAC conviction can add a two-year suspension under R.S. 14:98.1.
Is a first DWI a felony in Louisiana?
No. A first DWI is a misdemeanor under R.S. 14:98.1. A DWI becomes a felony on the third offense under R.S. 14:98.3, which carries one to five years with or without hard labor. Vehicular homicide while intoxicated is a felony at any offense number.
Do you need an interlock for a first DWI in Louisiana?
Yes, if you want to drive during probation. R.S. 14:98.1 requires an ignition interlock device for at least six months if a first offender operates a vehicle on probation, and for the entire suspension if the BAC was 0.15 percent or more.
What happens if you refuse a breathalyzer in Louisiana?
Under implied consent, a first refusal triggers a one-year administrative suspension, longer than the 180-day suspension for failing the test, and you cannot get a restricted license for the first 90 days. In repeat-refusal or fatal-crash cases, refusal can be a separate crime under R.S. 32:666.
How long does a DWI stay on your record in Louisiana?
A DWI counts as a prior for 10 years under Louisiana's cleansing period. A first-offense misdemeanor DWI may be expunged after more than five years under La. Code Crim. Proc. art. 977, but an expunged DWI still counts during the cleansing period.
Can you get a DWI expunged in Louisiana?
A first-offense misdemeanor DWI can be expunged under La. Code Crim. Proc. art. 977 after more than five years if you meet the conditions. Felony DWIs follow the stricter art. 978 rules, and third and fourth offenses generally cannot be expunged.
What is the look-back period for DWI in Louisiana?
Louisiana uses a 10-year cleansing period under R.S. 14:98. Prior DWI convictions within 10 years count toward second, third, and fourth offenses, with time spent incarcerated or on probation excluded from the count.
Facing a warrant, DUI, or criminal charge in Louisiana? Get a free case review
An active warrant or a criminal charge like DUI puts your freedom, license, and record at risk, and deadlines to act, like challenging a license suspension or resolving a warrant before an arrest, can be just days away. Get a free, confidential review from a Louisiana criminal defense attorney. Acting quickly protects your options.
The Law Behind This Article
This article rests on 11 statutory provisions held in our own legal record, each retrieved from the official source. Tap a section to read the operative text.
Louisiana Code of Criminal Procedure
§ 977Motion to expunge a record of arrest and conviction of a misdemeanor offenseIn forcecited in 6 of our articles
A. A person may file a motion to expunge his record of arrest and conviction of a misdemeanor offense if either of the following apply: (1) The conviction was set aside and the prosecution was dismissed pursuant to Article 894(B) of this Code. (2) More than five years have elapsed since the person completed any sentence, deferred adjudication, or period of probation or parole, and the person has not been convicted of any felony offense during the five-year period, and has no felony charge pending against him. The motion filed pursuant to this Subparagraph shall include a certification obtained from the district attorney which verifies that to his knowledge the applicant has no felony convictions during the five-year period and no pending felony charges under a bill of information or indictment. B. The motion to expunge a record of arrest and conviction of a misdemeanor offense shall be served pursuant to the provisions of Article 979 of this Code. C. No person shall be entitled to expungement of a record under any of the following circumstances: (1) The misdemeanor conviction arose from circumstances involving or is the result of an arrest for a sex offense as defined in R.S.
Official text (excerpt) · as of 2026-07-29 · Read the full section at legis.la.gov
Also relied on in: Louisiana Background Check Laws (2026 Guide), Louisiana Expungement Laws: Eligibility, Costs, and How to Clear Your Record
§ 978Motion to expunge record of arrest and conviction of a felony offenseIn forcecited in 6 of our articles
A. Except as provided in Paragraph B of this Article, a person may file a motion to expunge his record of arrest and conviction of a felony offense if any of the following apply: (1) The conviction was set aside and the prosecution was dismissed pursuant to Article 893(E). (2) More than ten years have elapsed since the person completed any sentence, deferred adjudication, or period of probation or parole based on the felony conviction, and the person has not been convicted of any other criminal offense for a period of at least ten years preceding the motion and has no criminal charge pending against him. The motion filed pursuant to this Subparagraph shall include a certification obtained from the district attorney which verifies that, to his knowledge, the applicant has no convictions during the ten-year period immediately preceding the motion, and no pending charges under a bill of information or indictment. (3) The person is entitled to a first offender pardon for the offense pursuant to Article IV, Section 5(E)(1) of the Constitution of Louisiana, provided that the offense is not defined as a crime of violence pursuant to R.S. 14:2(B) or a sex offense pursuant to R.S.
Official text (excerpt) · as of 2026-07-29 · Read the full section at legis.la.gov
Louisiana Revised Statutes
§ 14:32.1Vehicular homicideIn forcecited in 4 of our articles
A. Vehicular homicide is the killing of a human being caused proximately or caused directly by an offender engaged in the operation of, or in actual physical control of, any motor vehicle, aircraft, watercraft, or other means of conveyance, whether or not the offender had the intent to cause death or great bodily harm, whenever any of the following conditions exists and such condition was a contributing factor to the killing: (1) The operator is impaired by alcoholic beverages as determined by chemical tests administered under the provisions of R.S. 32:662. (2) The operator's blood alcohol concentration is 0.08 percent or more by weight based upon grams of alcohol per one hundred cubic centimeters of blood. (3)(a) The operator is impaired by any other drug, combination of drugs, or combination of alcohol and drugs. (b) As used in this Section, the term "drug" means any substance or combination of substances that, when taken into the human body, can impair the ability of the person to operate a vehicle safely. (4) The operator is impaired by alcoholic beverages.
Official text (excerpt) · as of 2026-07-29 · Read the full section at legis.la.gov
Cross-referenced in the statute itself: § 14:98
Also relied on in: Louisiana Hit and Run Laws: Penalties and What to Do
§ 14:98Operating a vehicle while impairedIn forcecited in 2 of our articles
A.(1) The crime of operating a vehicle while impaired is the operating of any motor vehicle, aircraft, watercraft, vessel, or other means of conveyance when any of the following conditions exist: (a) The operator is impaired by alcoholic beverages. (b) The operator's blood alcohol concentration is 0.08 percent or more by weight based on grams of alcohol per one hundred cubic centimeters of blood. (c) The operator is impaired by any other drug, combination of drugs, or combination of alcohol and drugs. (d), (e) Repealed by Acts 2024, No. 662, §3. (2) A valid driver's license shall not be an element of the offense, and the lack thereof shall not be a defense to a prosecution for operating a vehicle while impaired. (3) As used in this Section, the term "drug" means any substance or combination of substances that, when taken into the human body, can impair the ability of the person to operate a vehicle safely. B.(1) This Subsection shall be cited as the "Child Endangerment Law".
Official text (excerpt) · as of 2026-07-29 · Read the full section at legis.la.gov
Cross-referenced in the statute itself: § 14:32.1, § 14:98.1, § 14:98.2, § 14:98.3
§ 14:98.1Operating while impaired; first offense; penaltiesIn forcecited in 2 of our articles
A.(1) Except as modified by the provisions of Paragraphs (2) and (3) of this Subsection, on a conviction of a first offense violation of R.S. 14:98, the offender shall be fined not less than three hundred dollars nor more than one thousand dollars, and shall be imprisoned for not less than ten days nor more than six months. Imposition or execution of sentence under this Paragraph shall not be suspended unless the offender is placed on probation with the minimum conditions that he complete all of the following: (a) Serve forty-eight hours in jail, which shall not be suspended, or in lieu thereof, perform no less than thirty-two hours of court-approved community service activities, at least half of which shall consist of participation in a litter abatement or collection program. (b) Participate in a court-approved substance abuse program, which may include an assessment by a licensed clinician to determine if the offender has a diagnosis of substance abuse disorder. Nothing herein shall prohibit the court from modifying the portions of the program as may be applicable and appropriate to an individual offender as shown by the assessment.
Official text (excerpt) · as of 2026-07-29 · Read the full section at legis.la.gov
Cross-referenced in the statute itself: § 14:98
§ 14:98.2Operating while impaired; second offense; penaltiesIn forcecited in 2 of our articles
A.(1) Except as modified by the provisions of Paragraphs (2), (3), and (4) of this Subsection, or as provided by Subsection D of this Section, on a conviction of a second offense violation of R.S. 14:98, regardless of whether the second offense occurred before or after the first conviction, the offender shall be fined not less than seven hundred fifty dollars nor more than one thousand dollars, and shall be imprisoned for not less than thirty days nor more than six months. At least forty-eight hours of the sentence imposed shall be served without benefit of parole, probation, or suspension of sentence. Imposition or execution of the remainder of sentence shall not be suspended unless the offender is placed on probation with the minimum conditions that he complete all of the following: (a) Serve at least fifteen days in jail, without benefit of parole, probation, or suspension of sentence, or in lieu thereof, perform two hundred forty hours of court-approved community service activities, at least half of which shall consist of participation in a litter abatement or collection program.
Official text (excerpt) · as of 2026-07-29 · Read the full section at legis.la.gov
§ 14:98.3Operating while impaired; third offense; penaltiesIn forcecited in 2 of our articles
A.(1) Except as provided in Subsection B of this Section, on a conviction of a third offense violation of R.S. 14:98, regardless of whether the third offense occurred before or after a previous conviction, the offender shall be fined two thousand dollars and shall be imprisoned, with or without hard labor, for not less than one year nor more than five years. Except as provided in Paragraph (2) of this Subsection, at least one year of the sentence imposed shall be served without benefit of parole, probation, or suspension of sentence. Except in compliance with R.S. 14:98.5(B)(1), the mandatory minimum sentence cannot be served on home incarceration. (2) The one-year period described in Paragraph (1) of this Subsection, which shall otherwise be imposed without the benefit of parole, probation, or suspension of sentence, may be suspended if the offender is accepted into a drug division probation program pursuant to R.S. 13:5301 et seq. The provisions of R.S. 14:98(F) relative to vehicle seizure and sale shall also be applicable to any offender whose sentence is served with the benefit of parole, probation, or suspension of sentence pursuant to the provisions of this Paragraph.
Official text (excerpt) · as of 2026-07-29 · Read the full section at legis.la.gov
Cross-referenced in the statute itself: § 14:98
§ 14:98.4Operating while impaired; fourth offense; penaltiesIn forcecited in 2 of our articles
A.(1) Except as modified by Subparagraphs (a) and (b) of this Paragraph, or as provided by Subsections B and C of this Section, on a conviction of a fourth or subsequent offense violation of R.S. 14:98, regardless of whether the fourth offense occurred before or after an earlier conviction, the offender shall be fined five thousand dollars and imprisoned, with or without hard labor, for not less than ten years nor more than thirty years. Two years of the sentence of imprisonment shall be imposed without benefit of parole, probation, or suspension of sentence. Except in compliance with R.S. 14:98.5(B)(1), the mandatory minimum sentence cannot be served on home incarceration. (a) Except as prohibited by Subparagraph (b) of this Paragraph, the two-year period, which shall otherwise be imposed without benefit of parole, probation, or suspension of sentence, may be suspended if the offender is accepted into a drug division probation program pursuant to R.S. 13:5301 et seq. The provisions of R.S.
Official text (excerpt) · as of 2026-07-29 · Read the full section at legis.la.gov
Cross-referenced in the statute itself: § 14:98
§ 14:98.6Underage operating while impairedIn forcecited in 2 of our articles
A. The crime of underage operating a vehicle while impaired is the operating of any motor vehicle, aircraft, watercraft, vessel, or other means of conveyance when the operator's blood alcohol concentration is 0.02 percent or more by weight based on grams of alcohol per one hundred cubic centimeters of blood, if the operator is under the age of twenty-one. B. Any underage person whose blood alcohol concentration is found to be in violation of R.S. 14:98(A)(1)(b) shall be charged under the provisions of that Subparagraph rather than under this Section. C.(1) On a first conviction, the offender shall be fined not less than one hundred dollars nor more than two hundred fifty dollars, and imprisoned for not less than ten days nor more than three months. Imposition or execution of sentence shall not be suspended unless the offender is placed on probation with the minimum conditions that he: (a) Perform thirty-two hours of court-approved community service activities, at least half of which shall consist of participation in a litter abatement or collection program. (b) Participate in a court-approved substance abuse and driver improvement program.
Official text (excerpt) · as of 2026-07-29 · Read the full section at legis.la.gov
Cross-referenced in the statute itself: § 14:98
§ 32:666Refusal to submit to chemical test; submission to chemical tests; exception; effectsIn forcecited in 2 of our articles
A.(1)(a)(i) When a law enforcement officer has probable cause to believe that a person has violated R.S. 14:98, 98.6, or any other law or ordinance that prohibits operating a vehicle while intoxicated, that person may not refuse to submit to a chemical test or tests if he has refused to submit to such test or tests on two previous and separate occasions of any previous such violation or in any case wherein a fatality has occurred or a person has sustained serious bodily injury in a crash involving a motor vehicle, aircraft, watercraft, vessel, or other means of conveyance. Serious bodily injury means bodily injury which involves unconsciousness, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty, or a substantial risk of death. The law enforcement officer shall direct that a chemical test or tests be conducted of a person's blood, urine, or other bodily substance, or perform a chemical test of such person's breath, for the purpose of determining the alcoholic content of his blood and the presence of any drug, or combination of drugs, in his blood in such circumstances.
Official text (excerpt) · as of 2026-07-29 · Read the full section at legis.la.gov
Cross-referenced in the statute itself: § 14:98
§ 32:667Seizure of license; circumstances; temporary licenseIn forcecited in 2 of our articles
A. When a law enforcement officer places a person under arrest for a violation of R.S. 14:98 or 98.6, or a violation of a parish or municipal ordinance that prohibits operating a vehicle while intoxicated, and the person either refuses to submit to an approved chemical test for intoxication, or submits to the test and the test results show a blood alcohol level of 0.08 percent or above by weight or, if the person is under the age of twenty-one, a blood alcohol level of 0.02 percent or above by weight, the following procedures shall apply: (1) The officer shall seize the driver's license of the person under arrest and shall issue in its place a temporary receipt of license on a form approved by the Department of Public Safety and Corrections. Such temporary receipt shall authorize the person to whom it has been issued to operate a motor vehicle upon the public highways of this state for a period not to exceed thirty days from the date of arrest or as otherwise provided herein.
Official text (excerpt) · as of 2026-07-29 · Read the full section at legis.la.gov
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Sources and References
- Louisiana Revised Statutes 14:98, operating a vehicle while intoxicated, definition, 0.08% BAC, and 10-year cleansing period(legis.la.gov).gov
- Louisiana Revised Statutes 14:98.1, first-offense DWI penalties, ignition interlock, and high-BAC enhancements(legis.la.gov).gov
- Louisiana Revised Statutes 14:98.3, third-offense DWI (felony, one to five years with or without hard labor)(legis.la.gov).gov
- Louisiana Revised Statutes 14:98.6, underage (under-21) operating while intoxicated, 0.02% BAC(legis.la.gov).gov
- Louisiana Revised Statutes 32:667, implied consent license seizure and administrative suspension lengths(legis.la.gov).gov
- Louisiana Revised Statutes 32:666, refusal to submit to a chemical test(legis.la.gov).gov
- Louisiana Office of Motor Vehicles, DWI suspension lengths, reinstatement, SR-22, and interlock conditions(expresslane.la.gov).gov
- NHTSA, drunk driving and the 0.08% federal BAC standard(nhtsa.gov).gov