Louisiana DUI Penalties — Fines, Jail & Probation
Common consequences to discuss with counsel.
First offense §14:98
A first DWI in Louisiana is classified as a misdemeanor.
- Jail: 10 days minimum to 6 months maximum
- Fine: $300 to $1,000
- License suspension: 90 days (with restricted license available after 45 days)
- Substance abuse program: substance abuse evaluation and treatment required
- Community service: 32 hours community service required
- Probation: available
Second offense
- Jail: 30 days minimum to 6 months maximum
- Fine: $750 to $1,000
- License suspension: 365 days
Third and subsequent offenses
- Jail/prison: 1 year minimum to 5 years maximum
- Fine: $2,000 to $5,000
- License suspension: 2 years; 3 years if within 10 years
- Felony threshold: third offense is a felony (La. R.S. § 14:98.3); fourth offense carries up to 30 years (§ 14:98.4)
Penalty comparison by offense tier
| Offense | Jail Range | Fine Range | License Suspension | |
|---|---|---|---|---|
| First DWI | 10 days–6 months §14:98 | $300–$1,000 §14:98 | 90 days (with restricted license available after 45 days) §14:98 | |
| Second DWI | 30 days–6 months §14:98 | $750–$1,000 §14:98 | 365 days §14:98 | |
| Third DWI | 1 year–5 years §14:98 | $2,000–$5,000 §14:98 | 2 years; 3 years if within 10 years §14:98 |
Lookback period
Louisiana uses a 10 years Lookback period to determine how prior offenses affect sentencing. Only DWI convictions within this window count toward the escalating penalty tiers.
Enhanced penalties for aggravating factors
- BAC ≥ 0.15 (mandatory IID, higher fines)
- Child under 13 in vehicle (§ 14:98.6 — separate felony)
- DWI causing death (vehicular homicide § 14:32.1)
- DWI causing serious bodily injury (§ 14:98.5)
- Prior offenses within 10-year lookback
What these penalties mean in practice
Mandatory minimums cannot be suspended or reduced by the judge — they must be served. Fines do not include surcharges, court costs, and program fees, which can substantially increase the total financial impact. License suspension affects employment, insurance rates, and daily logistics.
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Frequently Asked Questions
General answers to common questions. Specific outcomes depend on your facts and timing.
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