On this page
- What counts as a DWI in Louisiana?
- What is the full Louisiana DWI penalty ladder?
- What does probation look like on a first or second DWI?
- When does a DWI become a felony in Louisiana?
- What changed in Louisiana DWI law in 2026?
- How does the 10-year lookback work?
- What makes DWI penalties worse?
- Will you get a jury trial on a DWI?
What counts as a DWI in Louisiana?
In Louisiana, you can be charged with DWI (now officially called "operating a vehicle while impaired") in three main ways: being impaired by alcohol, having a blood alcohol concentration (BAC) of 0.08% or more, or being impaired by any drug, combination of drugs, or alcohol and drugs. The law under La. R.S. 14:98 covers cars, boats, aircraft and other vehicles.
A 2024 change (Act 662) replaced the older "under the influence" wording with "impaired," defined "drug" broadly as any substance that can impair safe driving, and removed a defense that used to apply to properly labeled prescriptions. So a valid prescription is no longer, by itself, a defense if the medication impaired your driving.
What is the full Louisiana DWI penalty ladder?
Penalties depend on how many prior DWIs count against you and on your BAC. This table summarizes the criminal penalties in La. R.S. 14:98.1 through 14:98.4. "Without benefit" means time that cannot be suspended, paroled or served on probation.
| Offense | Fine | Jail or prison range | Minimum served without benefit |
|---|---|---|---|
| 1st (misdemeanor) | $300 to $1,000 | 10 days to 6 months | None if probation conditions are met (48 hours jail or 32 hours community service) |
| 1st, BAC 0.15% to 0.199% | $300 to $1,000 | 10 days to 6 months | 48 hours |
| 1st, BAC 0.20% or more | $750 to $1,000 | 10 days to 6 months | 48 hours |
| 2nd (misdemeanor unless enhanced) | $750 to $1,000 | 30 days to 6 months | 48 hours |
| 2nd, BAC 0.15% to 0.199% | $750 to $1,000 | 30 days to 6 months | 96 hours |
| 2nd, BAC 0.20% or more | $1,000 | 30 days to 6 months | 96 hours |
| 3rd (felony) | $2,000 | 1 to 5 years | 1 year (can be suspended for DWI court treatment) |
| 4th or later (felony) | $5,000 | 10 to 30 years | 2 years (3 years in some cases) |
Every level also comes with license consequences, which are covered in our guide to DWI license suspension and the OMV hearing.
What does probation look like on a first or second DWI?
On a first offense, the court can suspend the jail sentence and place you on probation. Conditions include either 48 hours in jail or at least 32 hours of court-approved community service (at least half of it litter abatement), a substance abuse program, a driver improvement program, and an ignition interlock on any vehicle you drive during probation for at least 6 months. Home incarceration is allowed.
On a second offense, probation conditions are heavier: at least 15 days in jail or 240 hours of community service, substance abuse and driver improvement programs, and an ignition interlock for at least 6 months.
A first-offense DWI may also qualify for a set-aside under Article 894, followed by expungement. That is allowed only once in a 10-year period, with one additional chance for people who complete DWI court. See our guide to Article 893 and 894 set-asides.
When does a DWI become a felony in Louisiana?
A DWI becomes a felony on the third offense within the lookback period. A third offense carries a $2,000 fine and 1 to 5 years, with 1 year served without benefit unless the court suspends it for treatment in a drug division or DWI court program. Probation requires 240 hours of community service, employment, driver improvement, substance abuse treatment and at least 6 months of home incarceration.
A fourth or later offense carries a $5,000 fine and 10 to 30 years, with at least 2 years without benefit. If you already received treatment and home incarceration on a third offense, a fourth offense is 10 to 30 years at hard labor with at least 3 years without benefit. On a third or later offense, the court can order your vehicle seized and sold at auction on the district attorney's motion.
What changed in Louisiana DWI law in 2026?
Two 2026 laws matter most:
- Act 117 (effective Aug. 1, 2026). A third-offense DWI by someone with a prior conviction for vehicular homicide, third degree feticide or first degree vehicular negligent injuring (or an equivalent out-of-state law) now carries 5 to 15 years, with at least 5 years without benefit. A fourth offense with that kind of prior now carries a $5,000 fine and 12 to 30 years.
- Act 8. This law repealed the extra Louisiana Emergency Response Network fines ($25 to $250) that used to be added to DWI sentences.
Many websites have not caught up with these changes, or with 2024 changes to license suspensions. If you read something online that does not match this page, ask a lawyer to check it against current law.
How does the 10-year lookback work?
A prior DWI generally counts toward a higher offense level if it was committed within 10 years of the new offense. But the 10 years does not include time spent awaiting trial, on probation or parole, in jail or prison, or under an attachment for failing to appear. Because that time is excluded, the real lookback is often longer than 10 calendar years.
This is one of the first things a defense lawyer checks. Whether a prior counts can be the difference between a misdemeanor and a felony, so the dates, the paperwork and the way the prior was handled all matter.
What makes DWI penalties worse?
Several facts can raise the stakes on any DWI:
- A child in the car. If a child 12 or younger was a passenger, the mandatory minimum sentence cannot be suspended, at any offense level, and an ignition interlock is required to get your license back.
- Underage drivers. A driver under 21 can be charged with underage operating while impaired at a BAC of just 0.02%. A first conviction carries a $100 to $250 fine and 10 days to 3 months. At 0.08% or more, the adult DWI law applies instead.
- A crash with injury or death. First degree vehicular negligent injuring is a felony with up to 10 years. Vehicular homicide carries 5 to 30 years, with at least 3 years without benefit.
- A commercial license. A DWI in any vehicle, or 0.04% BAC in a commercial vehicle, disqualifies a CDL for 1 year (3 years if hauling hazardous materials).
Will you get a jury trial on a DWI?
Usually not on a first or second offense. In Louisiana, a misdemeanor gets a jury only if it is punishable by more than 6 months in jail or a fine over $2,500. Since a first or second DWI tops out at 6 months and $1,000, a judge decides the case. A felony DWI goes to a jury, and the verdict must be unanimous.
Timing rules also apply. For a misdemeanor such as a first or second DWI, the state generally has 2 years to begin the prosecution and 1 year after charges are filed to start the trial. For a felony DWI, those limits are longer. A lawyer can check whether any deadline has passed in your case.
That makes the details of your stop, the field sobriety tests and the breath or blood test even more important, because you are making your case to one judge. To talk through the evidence in your case, call Barry Ranshi at (504) 905-8399 for a free, confidential consultation. You can also read about our DWI defense or New Orleans DWI representation. We answer 24/7, and a quick call to (504) 905-8399 can help you protect your 30-day OMV deadline.