Louisiana DWI Laws & Penalties

According to Louisiana revised statute R.S. 14:98 Operating a vehicle while intoxicated is defined when any of the following conditions exist:

  • The operator is under the influence of alcohol beverages.
  • The operators BAC is .08 or greater.
  • The operator is under the influence of any controlled dangerous substance (Schedule I, II, III, IV, or V) as set forth in R.S. 40:964.
  • The operator is under the influence of alcohol and drugs that are not controlled dangerous substances which are legally available with or without a prescription.

Understanding Penalties for DWI

Louisiana takes DWI’s very seriously and the penalties increase significantly for each subsequent DWI that you get. In Louisiana we have a cleansing period of ten years. The cleansing period has passed then your old DWI’s cannot be used to enhance your charges for your current DWI. That means if you were recently arrested for DWI, and you had a previous DWI 11 years ago then the current DWI would be considered a DWI 1st offense. There are a variety of penalties you can face for DWI convictions which include probation, community service, jail time, and license suspension. To find out the punishments for each level of DWI click the links below. These descriptions are just to give you an idea of what the possible punishments you can face according to the Louisiana Revised Statutes.

A good DWI attorney many times can help you get your charges reduced or dismissed. Contact us today at (504) 401-9307 for a free case review. Our rates are very affordable and we will help you put this frustration behind you.

DWI First Offense Louisiana

Your 1st offense DWI in Louisiana is a misdemeanor. Even though there are some very tough sanctions the is the lesser of any subsequent DWI penalties.

DWI Second Offense Louisiana

Your 2nd offense DWI in Louisiana means that you have had two DWI’s within 10 years. This is still considered a misdemeanor but the punishments are more harsh compared to a DWI first offense.

DWI Third Offense Louisiana

Your 3rd offense DWI is now considered a felony in the state of Louisiana. Things now get much more serious. This also means that you have had three DWI’s within a 10 year period. There will be much more serious sanctions and you can expect jail time and much more.

DWI Fourth Offense Louisiana

Your 4th offense DWI in Louisiana is a serious felony. This means you have had four or more DWI’s within the last ten years. You can expect the judge to throw the book at you to say the least. If you are in this situation you need a good defense attorney to help you.

DUI / DWI License Suspension Louisiana

If you have been convicted for a DWI or have refused field sobriety tests your drivers license will be suspended. Find out how long and what you can expect.

Louisiana Implied consent law

Louisiana has an implied consent law which means that you automatically give your consent to test your for DWI. If you refuse these test you can be subject to drivers license suspension and more penalties.

Louisiana hardship drivers license

If your drivers license has been suspended and you must drive you will have to apply for a hardship drivers license. This is a restricted license that lets you go to and from work within a certain time frame.