New Orleans DWI Lawyer Who Knows How the State Builds Its Case

What should you do in the first 30 days after a DWI arrest?

Request an administrative hearing with the Office of Motor Vehicles within 30 days of your arrest. Louisiana law requires a written request to the Department of Public Safety and Corrections in that window. If you miss it, your license suspension takes effect automatically, no matter what later happens with the criminal case.

The officer likely took your license and gave you a receipt. That receipt works as a temporary license for up to 30 days from the arrest date.

Think of a DWI as two cases at once:

• The license case with the OMV, which moves fast and has its own deadlines.
• The criminal case in court, which decides fines, jail, probation and whether you have a conviction.

Barry Ranshi handles both. Call (504) 905-8399 any time, day or night, for a free and confidential consultation before the 30 days run out.

How long will your license be suspended after a DWI in Louisiana?

It depends on whether you failed or refused the test, your BAC and your record. These administrative suspensions come from the arrest itself, separate from any conviction. Louisiana changed several of these periods on July 1, 2024, so older websites are often wrong.

• Test failure, BAC 0.08% to 0.149%: 180 days for a first failure (it was 90 days before July 2024). A second or later failure within 5 years: 365 days.
• Test failure, BAC 0.15% or higher: 2 years for a first, 4 years for a second. This enhanced tier used to start at 0.20%. It now starts at 0.15%.
• Refusal: 1 year for a first refusal. A second or later refusal within 10 years: 2 years.
• Drivers under 21 at 0.02% or more: 180 days.

The good news: if you refused or tested under 0.15% on a first or second suspension, you are immediately eligible for a restricted (hardship) license once an ignition interlock is installed. At 0.15% or higher, a hardship license with an interlock is available for the full suspension. A hardship license is not available if a crash caused death or serious bodily injury and impairment was a contributing factor.

What are the penalties for a DWI in Louisiana (1st to 4th offense)?

Penalties climb sharply with each offense. A first or second DWI is a misdemeanor. A third or later DWI is a felony. Here is the basic ladder under current Louisiana law, before any high-BAC or child-passenger enhancements:

Two 2026 changes matter. Act 117 of 2026 (effective Aug. 1, 2026) raised penalties for a third or fourth DWI when you have a prior vehicular homicide, third degree feticide or first degree vehicular negligent injuring conviction: 5 to 15 years on a third and 12 to 30 years on a fourth. Act 8 of 2026 repealed the extra Louisiana Emergency Response Network fines that used to be added to DWI sentences.

For a deeper look at each level, see our guide to Louisiana DWI penalties.

How do a high BAC or a child in the car change your case?

Both make the mandatory parts of the sentence harder to avoid. Louisiana sets extra tiers at 0.15% and 0.20% BAC, and a child passenger takes away the judge's ability to suspend the minimum.

BAC of 0.15% or higher

• 1st offense at 0.15% to 0.199%: at least 48 hours must actually be served, and a 2-year license suspension.
• 1st offense at 0.20% or more: the fine rises to $750 to $1,000, at least 48 hours served, a 2-year suspension, and an ignition interlock for the whole suspension.
• 2nd offense at 0.15% or more: at least 96 hours served and a 4-year suspension. At 0.20% or more, a $1,000 fine and an interlock for the whole 4 years.

Child endangerment

If a child 12 or younger was in the vehicle, the mandatory minimum sentence cannot be suspended, at any offense level. It also means you will need an ignition interlock to get your license back. Because these tiers turn on an exact number, the accuracy of the test matters even more.

Refusal or failure: which is worse, and what happens next?

For your license, a refusal usually costs more time than a first failure: 1 year versus 180 days. Under Louisiana's implied consent law, anyone driving in the state is considered to have agreed to a chemical test of breath, blood or urine after a DWI arrest.

Refusing is not a separate crime on a first or second refusal. It becomes a crime only after two prior separate refusals, and a third refusal carries a $300 to $1,000 fine and 10 days to 6 months in jail. A refusal also means you will need an ignition interlock to reinstate your license.

On the other hand, a refusal can leave the state without a BAC number, so the criminal case rests on the officer's observations, field sobriety tests and any video. Each situation is different. Learn more in refusing a breathalyzer in Louisiana and our guide to the DWI license suspension and OMV hearing.

When will you need an ignition interlock device?

Many Louisiana DWI cases now require one. An ignition interlock is a breath-testing device wired into your vehicle that keeps it from starting if it detects alcohol.

For license reinstatement, Louisiana requires an interlock (for at least 6 months, or the length of the suspension, with credit for time on a restricted license) if:

• You refused the test.
• You tested 0.08% or higher on an arrest within 10 years of a prior arrest.
• You were in a DWI crash that caused moderate or serious bodily injury.
• A child 12 or younger was in the vehicle.

A judge will also order an interlock as a condition of probation on a first or second DWI conviction, for at least 6 months.

How does Barry Ranshi fight a DWI charge?

He takes the state's case apart one piece at a time, the same way he learned to build those cases as an Orleans Parish prosecutor. Testing over 0.08% does not mean your case is hopeless. Here is where DWI cases are often won or weakened:

1. The stop. Police need a lawful reason to pull you over. If the stop was not legal, evidence that came from it may be thrown out.
2. Field sobriety tests. These tests depend on clear instructions, fair conditions and correct scoring. Weather, footwear, the road surface, injuries and nerves all affect results.
3. The breath test. Breath machines need proper maintenance and certification. We request the maintenance and inspection logs and check whether the operator followed required procedures.
4. The video. Body camera and dash camera footage often tells a different story than the written report. We compare them line by line.
5. The search. If police searched your car or drew blood, we look at whether they had a warrant, valid consent or another legal basis.
6. Drug-impairment claims. Since August 2024, Louisiana's statute covers impairment by any drug. These cases often turn on how the officer decided you were impaired.

Barry is a member of the DUI Defense Lawyers Association and was named in Expertise.com's Best DUI Lawyers in Kenner for 2022 and 2023. You work with him directly. Depending on the evidence, the goal may be a dismissal, a reduced charge, a favorable plea or a trial, and after the case he walks you through license reinstatement and record relief.

When does a DWI become a felony, and how far back do priors count?

A third DWI within the lookback period is a felony in Louisiana. So is a fourth or later DWI. A crash that injures or kills someone can also bring felony charges right away, even on a first arrest.

The 10-year lookback. A prior DWI does not count against you if it was committed more than 10 years before the new offense. But the clock pauses for time spent awaiting trial, on probation or parole, in jail, or under an attachment for failure to appear. That means the real lookback is often longer than 10 years. We check every prior carefully, because one old conviction can be the difference between a misdemeanor and a felony.

DWI crashes. Vehicular homicide carries $2,000 to $15,000 in fines and 5 to 30 years, with at least 3 years without benefit (5 years at 0.15% or with a prior DWI). First degree vehicular negligent injuring, an impaired-driving crash causing serious bodily injury, is a felony with up to 10 years.

Barry discusses these cases in his podcast episode "Navigating a Serious Felony DUI: From Arrest to Resolution" on our videos page. If you are facing a felony DWI, call (504) 905-8399 now. We answer 24/7.

What if you have a CDL or are under 21?

Both groups face stricter rules. Commercial drivers can lose their CDL even for a DWI in a personal car, and drivers under 21 can be charged at a much lower BAC.

• CDL holders: Under federal rules Louisiana must enforce, a DWI in any vehicle, a test refusal, or a BAC of 0.04% or more in a commercial vehicle is a major offense. A first major offense disqualifies your CDL for 1 year (3 years if you haul hazardous materials). A second means a lifetime disqualification.
• Drivers under 21: "Underage operating while impaired" starts at a BAC of just 0.02%. A first conviction carries a $100 to $250 fine and 10 days to 3 months in jail, which can be suspended with community service and programs. At 0.08% or higher, an under-21 driver is charged under the adult DWI law.

Where will your DWI case be heard, and can it be cleared later?

It depends on where you were arrested. In Jefferson Parish, most first and second DWIs on the East Bank (Kenner, Metairie, Harahan, River Ridge) go to the First Parish Court at 924 David Drive in Metairie. West Bank cases go to the Second Parish Court at 100 Huey P. Long Avenue in Gretna. Felony DWIs go to the 24th Judicial District Court in Gretna. In New Orleans, where the case lands depends on how it is charged. See our New Orleans, Metairie and Kenner DWI pages for local details.

First and second DWIs are tried by a judge, not a jury, because they carry no more than 6 months in jail and a fine under the jury threshold.

A first-offense DWI can often be set aside under Article 894 after you complete probation, and then expunged. Louisiana allows a DWI set-aside only once in a 10-year period (plus one more if you complete DWI court).