Louisiana DWI Laws and Penalties
LA Revised Statute RS 14:98 et seq.
WHO IS AT RISK OF DRIVING WHILE INTOXICATED?
Any person driving after consuming alcohol regardless of the amount. (Note: You can be convicted without taking a breathlyzer test)
Any person driving a vehicle with a blood alcohol content of 0.08 or more. Blood alcohol content estimator
Any person driving a vehicle after consuming any controlled substance listed in Schedule I, II, III, IV or V. Such as: Marijuana, Cocaine, Ecstasy, and Xanax. Complete List of controlled substances.
Any person driving a vehicle after consuming a combination of alcohol and any other substance not listed in the schedules above with or without a prescription.
DWI First Offense Penalties
A. For first time offenses fines range from $300 dollars to $1000.
(a) thirty-two hours of court-approved community service activities, at least half of which shall consist of participation in a litter abatement or collection program.
(b) Participate in a court-approved substance abuse program, which may include an assessment by a licensed clinician to determine if the offender has a diagnosis of substance abuse disorder.
(c) Participate in a court-approved driver improvement program.
(d) The court may order that the offender's vehicle be equipped with a functioning ignition interlock device.
(2) In addition to the requirements above, If your BAC is 0.15 percent or more but less than 0.20:
you must serve 48 hours in jail
(3) In addition to the requirements above, if your BAC is 0.20 percent or more:
(a) You must serve 48 hours hours in jail.
(b) Your drivers license shall be suspended for two years.
(c) The court shall require that your vehicle have ignition interlock device for the fist 12 months of the two year suspension.
DWI second offense penalties
A. On a conviction of a second offense :
(a) Serve at least fifteen days in jail, without benefit of parole, probation, or suspension of sentence, or in lieu thereof, perform two hundred forty hours of community service and serve 48 hours in jail.
(b) Participate in a court-approved substance abuse program.
(c) Participate in a court-approved driver improvement program.
(d) The court shall order that your vehicle, is equipped with a functioning ignition interlock device for a period of not less than 6 months.
(2) In addition to the requirements above, If your BAC is 0.15 percent or more but less than 0.20:
You must serve at least 96 hours in jail.
(3) In addition to the requirements above, if your BAC is 0.20 percent or more:
(a) You must serve at least 96 hours in jail.
(b) Your driver's license shall be suspended for four years.
(c) The court shall require that the ignition interlock device shall remain installed and operative on your vehicle during the first three years of the four-year suspension period.
(4) If the arrest for the second offense occurs within one year of the commission of the first offense, you must serve at least 30 days in jail.
DWI THIRD OFFENSE PENALTIES
A. The offender shall be fined two thousand dollars and shall be imprisoned, with or without hard labor, for not less than one year nor more than five years. Except as provided in Paragraph (2) of this Subsection, at least one year of the sentence imposed shall be served without benefit of parole, probation, or suspension of sentence.
(2) The one-year period described in Paragraph (1) of this Subsection, which shall otherwise be imposed without the benefit of parole, probation, or suspension of sentence, may be suspended if the offender is accepted into a drug division probation program pursuant to R.S. 13:5301 et seq. The provisions of R.S. 14:98(F) relative to vehicle seizure and sale shall also be applicable to any offender whose sentence is served with the benefit of parole, probation, or suspension of sentence pursuant to the provisions of this Paragraph.
DWI Fourth offense penalties
A.(1) The offender shall be fined five thousand dollars and imprisoned, with or without hard labor, for not less than ten years nor more than thirty years. Two years of the sentence of imprisonment shall be imposed without benefit of parole, probation, or suspension of sentence. Except in compliance with R.S. 14:98.5(B)(1), the mandatory minimum sentence cannot be served on home incarceration.
(a) Except as prohibited by Subparagraph (b) of this Paragraph, the two-year period, which shall otherwise be imposed without benefit of parole, probation, or suspension of sentence, may be suspended if the offender is accepted into a drug division probation program pursuant to R.S. 13:5301 et seq. The provisions of R.S. 14:98(F) relative to vehicle seizure and sale shall also be applicable to any offender whose sentence is served with the benefit of parole, probation, or suspension of sentence pursuant to the provisions of this Paragraph.
(b) Any offender placed on probation pursuant to this Paragraph shall be required as a condition of probation to participate in three hundred twenty hours of court-approved community service activities, obtain employment, participate in a court-approved driver improvement program at his expense, and submit to and complete either of the following requirements:
(i) Immediately undergo an evaluation by the Louisiana Department of Health, office of behavioral health, to determine the nature and extent of the offender's substance abuse disorder, and participate in any treatment plan recommended by the office of behavioral health, including treatment in an inpatient facility approved by the office for a period of not less than four weeks followed by outpatient treatment services for a period not to exceed twelve months.
(ii) Except as provided in Subparagraph (1)(b) of this Subsection, participate in substance abuse treatment in an alcohol and drug abuse program provided by a drug division subject to the applicable provisions of R.S. 13:5301 et seq. if the offender is otherwise eligible to participate in such program.
(c) In addition to the requirements the prosecuting district attorney, that the vehicle being operated by the offender at the time of the offense be seized and impounded, and sold at auction in accordance with the provisions of R.S. 14:98(F).