Louisiana DWI Penalties

Written by Jarrett Ambeau, trial attorney, court-qualified forensic DNA expert, and lead counsel at The Ambeau Law Firm.

What are the penalties for a DWI in Louisiana? Under La. R.S. 14:98, penalties escalate with each prior offense: a misdemeanor with fines and short jail terms for a first or second offense, a felony carrying one to five years for a third, and ten to thirty years for a fourth. Higher blood alcohol levels add mandatory jail and longer license suspensions.

Police Dog Searching a Vehicle

The penalties for a Louisiana DWI are not fixed by the arrest alone. They climb with each prior offense, with your blood alcohol level, and with factors like a child in the car. Understanding exactly where a case falls on that scale, and what can move it, is the first step in fighting it. Below is how the tiers work under current law.

I am Jarrett Ambeau. I have tried more than sixty felony jury trials to verdict, and I am a court-qualified forensic expert. Even where the penalties look fixed, the evidence behind the charge is often anything but, and that is where a case can change.

Quick answers

  • First offense: misdemeanor, $300 to $1,000 and 10 days to 6 months (La. R.S. 14:98.1).
  • Second offense: misdemeanor, $750 to $1,000 and 30 days to 6 months (La. R.S. 14:98.2).
  • Third offense: felony, $2,000 and 1 to 5 years (La. R.S. 14:98.3).
  • Fourth or subsequent: $5,000 and 10 to 30 years (La. R.S. 14:98.4).

How Louisiana DWI penalties are structured

Louisiana grades DWI penalties by the number of prior offenses within a ten-year window, and then adds enhancements. A first offense is a misdemeanor with a fine and a short jail term that is usually suspended in favor of probation conditions. A second offense raises the minimums. A third offense becomes a felony with mandatory prison time and possible vehicle seizure, and a fourth or subsequent offense carries the harshest range in the statute.

Factors that increase DWI penalties

Several factors push a DWI toward the higher end or add mandatory time:

  • Blood alcohol level. A BAC of 0.15 percent or more, and again at 0.20 percent or more, adds mandatory jail and longer license suspensions.
  • Prior offenses. Each prior conviction within ten years moves the case to a higher tier, and certain vehicular offenses count as priors.
  • A child passenger. Under the Child Endangerment Law, a passenger twelve or younger makes the minimum sentence non-suspendable.
  • Refusal or test issues. A refusal can lengthen the administrative license suspension.

The separate license consequence

Beyond the criminal penalties, a DWI arrest triggers an administrative license suspension through the Office of Motor Vehicles, on a separate track with short deadlines. Higher blood alcohol levels bring longer suspensions, two years at 0.15 percent or more on a first offense, and four years on a second. Missing the deadline to challenge it can cost your license even if the criminal case goes well.

How we work to reduce DWI penalties

Because I am a court-qualified forensic expert, I focus on the testing that drives both guilt and the penalty tier. If the breath or blood result is unreliable, or the stop was unlawful, the entire penalty structure can change. We also scrutinize the prior convictions the state uses to enhance a charge, since an invalid prior can drop a felony back to a misdemeanor.

We fight the criminal exposure and the license suspension together. Where the facts allow, we push for reduction or dismissal, and we work to keep a first or second offense from becoming the prior that makes the next case a felony. Early, aggressive representation makes a real difference. It is what we do here at The Ambeau Law Firm.

Frequently asked questions

What are the penalties for a first-offense DWI in Louisiana?

Under La. R.S. 14:98.1, a first offense carries a fine of three hundred to one thousand dollars and ten days to six months in jail, usually suspended in favor of probation with conditions like community service, substance abuse and driver improvement programs, and often an ignition interlock requirement. A blood alcohol concentration of 0.15 percent or more adds mandatory time and a two-year license suspension.

DWI Penalties Louisiana

How much worse are the penalties for a second-offense DWI?

A second offense under La. R.S. 14:98.2 carries a fine of seven hundred fifty to one thousand dollars and thirty days to six months, with at least forty-eight hours served without parole, probation, or suspension. Higher blood alcohol levels increase the mandatory jail time and can bring a four-year license suspension. An ignition interlock is generally required during probation.

Is a third-offense DWI a felony in Louisiana?

Yes. A third offense under La. R.S. 14:98.3 is a felony punishable by a two thousand dollar fine and one to five years, with at least one year served without benefit of parole, probation, or suspension unless the offender enters an approved drug court program. The vehicle used can also be seized and sold. It is a dramatic step up from the misdemeanor offenses.

What is the penalty for a fourth-offense DWI in Louisiana?

A fourth or subsequent offense under La. R.S. 14:98.4 carries a five thousand dollar fine and ten to thirty years of imprisonment, with or without hard labor, at least two years of which must be served without benefit of parole, probation, or suspension. Vehicle seizure applies, and the license and interlock consequences are severe. These are among the most serious non-violent felonies a person can face.

Talk to a Louisiana DWI defense lawyer

A few quick questions help us understand your situation: Has an arrest already happened? Is this a first offense or a repeat charge? What was the reported blood alcohol level? If you are facing a DWI, do not wait, license deadlines are short. Check Jarrett’s availability for your case or call 225-330-7009.

Louisiana statute reference

DWI penalties are set in La. R.S. 14:98.1 through 98.4. Statutes change, so verify the current text at the Louisiana State Legislature. A first offense carries a fine of three hundred to one thousand dollars and ten days to six months; a second offense, seven hundred fifty to one thousand dollars and thirty days to six months; a third offense is a felony carrying two thousand dollars and one to five years; and a fourth or subsequent offense carries five thousand dollars and ten to thirty years.

Source: La. R.S. 14:98.1-98.4, as amended through Acts 2025, No. 194.

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