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Louisiana OWI Laws

Last reviewed July 2026 · 13 primary sources · How we research and review these pages

Reviewed by the LegalLimit editorial team →

Standard BAC limit

0.08%

Commercial driver BAC

0.04%

Under-21 BAC

0.02%

Prior-offense lookback

10-year window

Louisiana's DWI offense is officially "operating a vehicle while impaired" (R.S. 14:98) — renamed from "intoxicated" by a 2024 law — though it is almost universally called DWI. Penalties escalate across four statutes: a first and second offense are ordinarily misdemeanors (though a second offense after a vehicular-homicide-type conviction carries 1-5 years with or without hard labor, §14:98.2(D)), while a third (§14:98.3) and a fourth-or-subsequent (§14:98.4) are felonies, with a fourth carrying 10 to 30 years at hard labor. Prior offenses count within a 10-year "cleansing period," but that clock is paused for any time the person spent awaiting trial, on probation or parole, or incarcerated — so an old DWI can still count years later. A BAC of 0.15%+ or 0.20%+ triggers mandatory no-parole time and longer license suspensions, and since 2024 an ignition interlock is required for the whole probation period. Acts 2026, No. 117 (formerly HB 82), effective August 1, 2026, leaves fines and the standard tiers unchanged but sharply raises prison terms for repeat offenders who already have a vehicular-homicide, third-degree-feticide, or first-degree-vehicular-negligent-injuring conviction: such a second offense becomes 2-5 years, a third 5-15 years (at least 5 without parole), and a fourth 12-30 years with no parole, probation, or suspension. This page states the law in effect through July 31, 2026 and will be updated when Act 117 takes effect.

Louisiana OWI penalties by offense tier

Offense tierFineJailLicense actionIgnition interlock
First offense (within the 10-year cleansing period)$300–$1,000 (If the BAC was 0.20%+, the fine floor rises to $750 (§14:98.1(A)(3)).)10 days–6 months (10-day statutory minimum; if the sentence is probated, at least 48 hours must be served (or 32 hours of community service). A 0.15%-0.20% BAC adds 48 hours without parole; 0.20%+ adds 48 hours plus the higher fine (§14:98.1).)Suspended for 1–2 years — 12-month suspension on a first conviction (§32:414(A)); 2 years if the BAC was 0.15%+ (§32:414 / §14:98.1). A restricted license requiring an ignition interlock is available. A 180-day administrative suspension may also apply before conviction under the implied-consent law (§32:667).Required (6 months–2 years)
Second offense (within the 10-year cleansing period)$750–$1,0001 month–6 months (30-day statutory minimum with at least 48 hours mandatory; if probated, at least 15 days in jail (or 240 hours of community service). A 0.15%-0.20% BAC requires 96 hours without parole; if the second offense is within 1 year of the first, at least 30 days must be served (§14:98.2).; Standard second-offense maximum. If the FIRST offense was vehicular homicide, third-degree feticide, or first-degree vehicular negligent injuring, the second offense is instead a $2,000 fine and 1-5 years with or without hard labor, at least 6 months without parole (§14:98.2(D)); from August 1, 2026 that range rises to 2-5 years with at least 1 year without parole (Acts 2026, No. 117).)Suspended for 2–4 years — A second conviction brings a 24-month suspension (§32:414(B)(2)(a)), rising to 4 years if the BAC was 0.15%+ (§32:414(A)(1)(c)(ii)). A separate 365-day administrative suspension applies to a second test failure within 5 years (§32:667) and runs concurrently — the longer period governs. A restricted license requiring an ignition interlock is available (after 45 days on the conviction suspension).Required (6 months–4 years)
Third or subsequent offense (felony)$2,000–$5,000 (Third-offense fine (§14:98.3); a fourth or subsequent offense is $5,000 (§14:98.4).)1 year–30 years (Third offense: 1-5 years with or without hard labor, at least 1 year without parole (§14:98.3).; The 10-30-year range (with or without hard labor) is the fourth-or-subsequent felony ceiling; at least 2 years are served without parole (3 years if the offender previously completed a drug-division program) (§14:98.4).)Suspended for 3 years — A 36-month (3-year) suspension applies to a third OR fourth-or-subsequent offense (§32:414(D)(1)(a) covers a "third or subsequent offense"). A restricted license requiring an ignition interlock is available; the offender may apply for it after one year of the suspension, with the interlock required for at least 12 months (§14:98.3-98.4).Required

Frequently asked questions

What is the legal BAC limit in Louisiana?

The per se limit is 0.08% (R.S. 14:98). You can also be convicted on proof of impairment by alcohol or any drug without a specific number. The limit is 0.04% for commercial drivers and 0.02% for drivers under 21.

What are the penalties for a first DWI in Louisiana?

A first offense carries a $300-$1,000 fine and 10 days to 6 months, though the sentence is usually probated with at least 48 hours served, a driver-improvement program, and an ignition interlock (§14:98.1). A 0.15%+ result adds 48 hours without parole and a 2-year license suspension.

What are the penalties for a second DWI in Louisiana?

A second offense within 10 years carries a $750-$1,000 fine and 30 days to 6 months, with at least 48 hours mandatory (15 days if probated), an ignition interlock, and a 4-year license suspension if the BAC was 0.15%+ (§14:98.2).

Is a DWI a felony in Louisiana?

Yes — a third and a fourth (or subsequent) offense are both felonies. A third is a $2,000 fine and 1-5 years (§14:98.3); a fourth is a $5,000 fine and 10-30 years at hard labor (§14:98.4). On any third or subsequent conviction, the vehicle is subject to seizure and sale (§14:98(F)). Even a second offense carries 1-5 years, with or without hard labor, if the first offense was vehicular homicide, third-degree feticide, or first-degree vehicular negligent injuring (§14:98.2(D)).

What happens on a third DWI in Louisiana?

A third offense is a felony: a $2,000 fine and 1 to 5 years, with or without hard labor, at least one year of which is served without parole, plus mandatory substance-abuse treatment and home incarceration and a 3-year license suspension (§14:98.3). The court must also order the vehicle seized and sold at auction on the prosecutor’s motion (§14:98(F), §14:98.3(C)).

What is the penalty for a fourth DWI in Louisiana?

A fourth or subsequent offense is a felony punishable by a $5,000 fine and 10 to 30 years, with or without hard labor, at least 2 years of which are served without parole. The vehicle must be seized and sold on the prosecutor’s motion, as on a third offense (§14:98.4, §14:98(F)).

What if my BAC is 0.15% or 0.20% or higher in Louisiana?

A 0.15%+ result adds mandatory jail time served without parole and lengthens the license suspension (2 years on a first offense, 4 on a second). A 0.20%+ result raises the fine and mandatory time further (§14:98.1-98.2). These are enhancements to the DWI, not separate charges.

How long does a DWI count against you in Louisiana (the cleansing period)?

Prior DWIs count for a 10-year "cleansing period" (§14:98(C)(3)). But the clock is paused for any time you spent awaiting trial, on probation or parole, or incarcerated — so a DWI more than 10 calendar years old can still count if any of that time is excluded.

Do I need an ignition interlock after a DWI in Louisiana?

Yes. Since 2024, the court must order an ignition interlock for the entire probation period (at least 6 months) on a first or second offense, and it is required on the felony third and fourth offenses — for at least 12 months on a restricted license, and after a fourth offense until treatment and home incarceration are complete (§14:98.1-98.4, §32:414). It must also stay installed during any 0.15%+ license suspension (§32:667).

What happens if I refuse the breath test in Louisiana?

Refusing triggers an administrative license suspension of one year for a first refusal, or 2 years for a second refusal within 10 years (§32:667), and the refusal can be used against you at trial (§32:666). Refusing after two prior refusals is itself a crime punished like a first DWI (§14:98.7).

Is a DWI with a child in the car worse in Louisiana?

Yes. Under the Child Endangerment Law, if a child 12 or younger is a passenger, the minimum mandatory sentence for the DWI cannot be suspended (§14:98(B)).

What is the DWI limit for drivers under 21 in Louisiana?

Drivers under 21 are over the limit at 0.02% (§32:661; the underage offense is §14:98.6). A test result of 0.02%+ brings a 180-day license suspension.

How long will my license be suspended for a DWI in Louisiana?

On a conviction, the suspension is 12 months for a first offense, 24 months for a second (4 years at 0.15%+), and 36 months for a third or subsequent (§32:414). A separate 180-day administrative suspension can apply before conviction (§32:667), and a restricted license with an ignition interlock is generally available.

Sources

  1. La. R.S. 14:98 — Operating a vehicle while impaired (offense; cleansing period; child endangerment) (La. Revised Statutes, via Justia) — Accessed July 4, 2026
  2. La. R.S. 14:98.1 — Operating while impaired; first offense; penalties (La. Revised Statutes, via Justia) — Accessed July 4, 2026
  3. La. R.S. 14:98.2 — Operating while impaired; second offense; penalties (La. Revised Statutes, via Justia) — Accessed July 4, 2026
  4. La. R.S. 14:98.3 — Operating while impaired; third offense (felony); penalties (La. Revised Statutes, via Justia) — Accessed July 4, 2026
  5. La. R.S. 14:98.4 — Operating while impaired; fourth offense (felony); penalties (La. Revised Statutes, via Justia) — Accessed July 4, 2026
  6. La. R.S. 14:98.6 — Underage operating while impaired (La. Revised Statutes, via Justia) — Accessed July 4, 2026
  7. La. R.S. 14:98.7 — Unlawful refusal to submit to chemical tests (La. Revised Statutes, via Justia) — Accessed July 5, 2026
  8. La. R.S. 32:414 — Suspension of driving privileges on conviction (La. Revised Statutes, via Justia) — Accessed July 4, 2026
  9. La. R.S. 32:414.2 — Commercial driver disqualification (0.04%) (La. Revised Statutes, via Justia) — Accessed July 4, 2026
  10. La. R.S. 32:661 — Implied consent to chemical tests (La. Revised Statutes, via Justia) — Accessed July 4, 2026
  11. La. R.S. 32:666 — Refusal; suspension; admissibility (La. Revised Statutes, via Justia) — Accessed July 4, 2026
  12. La. R.S. 32:667 — Administrative license suspension for test failure or refusal (La. Revised Statutes, via Justia) — Accessed July 4, 2026
  13. La. Acts 2026, No. 117 (H.B. 82) — enhanced DWI penalties for offenders with a prior vehicular-homicide, third-degree-feticide, or first-degree-vehicular-negligent-injuring conviction; effective Aug. 1, 2026 (Louisiana State Legislature) — Accessed July 5, 2026

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