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

Independently fact-checkedEditor-reviewedLaw current as of August 18, 2026By Recording Law Editorial TeamReviewed September 6, 20268 min read

Independently fact-checked against primary sources (last audited August 18, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 18, 2026. · 8 primary sources cited on this page. How we verify our legal content

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

In Louisiana the offense is operating a vehicle while impaired, still 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-impaired 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.

protest sign lying on grass after a demonstration, no people visible

First-offense itemLouisiana rule (statute or agency)
Offense levelMisdemeanor (R.S. 14:98.1)
Jail10 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)
Post-conviction suspension (1st)1 year (OMV)
Post-conviction suspension (2nd)2 years (OMV)
Post-conviction suspension (3rd+)3 years (OMV)
SR-22Required, 3 years (OMV)
Cleansing period10 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 involving an impaired driver under R.S. 14:32.1 is a felony regardless of offense number.

yellow police evidence marker with a number on a road surface

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 under R.S. 32:667(B)(3)(a) a first- or second-offense refusal driver is immediately eligible for a restricted license upon proof that the vehicle is equipped with a functioning ignition interlock device. 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. A felony (third- or fourth-offense) DWI is not on the exclusion list in La. Code Crim. Proc. art. 978(B), so it can be expunged under article 978(A)(2) once more than 10 years have passed since completing the sentence, probation, or parole with no other conviction in that decade, a longer wait than the 5-year misdemeanor path, not a flat bar. 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.

police radio handset on a vehicle center console

More Louisiana Laws

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?

Before any conviction, 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 first DWI conviction then adds its own separate one-year post-conviction suspension, or two years if the BAC was 0.15 percent or more 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 involving an impaired driver 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, but under R.S. 32:667(B)(3)(a) a first- or second-offense refusal driver is immediately eligible for a restricted license upon proof of a functioning ignition interlock device. 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. A felony (third- or fourth-offense) DWI can also be expunged, under art. 978, once more than 10 years have passed since completing the sentence with no other conviction in that decade, a longer wait than the misdemeanor path but not a flat bar.

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.

Updates

Updated the offense name to operating a vehicle while impaired, the statutory term since the 2024 amendments to La. R.S. 14:98, while noting it is still commonly called DWI.

Corrected two defects on the Louisiana DWI page: a felony (3rd or 4th offense) DWI is not categorically barred from expungement, it can be expunged after a 10-year clean record under Article 978; and added the OMV's separate post-conviction license suspension ladder (1/2/3 years) that applies on top of the administrative suspension the page already described.

Independently fact-checked against the cited primary sources; governing law re-checked for recent changes

Corrected the refusal license-suspension section: R.S. 32:667(B)(3)(a) makes a first- or second-offense refusal driver immediately eligible for a restricted license upon proof of ignition interlock installation, not after a 90-day wait as the article previously stated.

Governing law re-checked for recent changes

Reviewed and approved by an editor

Sources and References

  1. Louisiana Revised Statutes 14:98, operating a vehicle while intoxicated, definition, 0.08% BAC, and 10-year cleansing period(legis.la.gov).gov
  2. Louisiana Revised Statutes 14:98.1, first-offense DWI penalties, ignition interlock, and high-BAC enhancements(legis.la.gov).gov
  3. Louisiana Revised Statutes 14:98.3, third-offense DWI (felony, one to five years with or without hard labor)(legis.la.gov).gov
  4. Louisiana Revised Statutes 14:98.6, underage (under-21) operating while intoxicated, 0.02% BAC(legis.la.gov).gov
  5. Louisiana Revised Statutes 32:667, implied consent license seizure and administrative suspension lengths(legis.la.gov).gov
  6. Louisiana Revised Statutes 32:666, refusal to submit to a chemical test(legis.la.gov).gov
  7. Louisiana Office of Motor Vehicles, DWI suspension lengths, reinstatement, SR-22, and interlock conditions(expresslane.la.gov).gov
  8. NHTSA, drunk driving and the 0.08% federal BAC standard(nhtsa.gov).gov
  9. Louisiana Revised Statutes 14:32.1, vehicular homicide, impairment and 0.08 percent BAC conditions(legis.la.gov)
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