Louisiana DWI Law

In Louisiana, it is a crime (LA. R.S. 14:98) to operate any motor vehicle, aircraft, watercraft, vessel or other means of conveyance:

A. While under the influence of alcoholic beverages or

B. With a blood alcohol level of .10 per cent or more or

C. Under the influence of any controlled dangerous substance.

PENALTIES

DWI First Offense (Misdemeanor) Fine: $300-$1,000 (plus court costs and other fees) Jail: 10 days to 6 months (all can be suspended except as set forth below) Community Service: 32 hours Substance Abuse Evaluation and Driver Improvement School Required. If BAC over .15: Minimum mandatory 48 hours jail. Driver's License Suspension: 90 days DWI Second Offense (Misdemeanor) Fine: $750-$1,000 (plus court costs and other fees) Jail: 30 days to 6 months (all but 48 hours can be suspended) Community Service: 240 hours Substance Abuse Evaluation and Driver Improvement School Required. BAC .15 or more: Minimum mandatory 96 hours in jail. Driver's License Suspension: 1 year DWI Second Offense when the prior conviction is for Vehicular Homicide or First Degree Vehicular Injuring (Felony) Fine: Mandatory $2,000 (plus court costs and other fees) Jail: 1 to 5 years (all but 6 months can be suspended) Community Service: 240 hours Substance Abuse Evaluation and Driver Improvement School Required Driver's License Suspension:1 year DWI Third Offense (Felony) Fine: Mandatory $2,000 Jail: 1 to 5 years (all but 6 months can be suspended) Substance Abuse Evaluation and Driver Improvement School Required Vehicle: Mandatory seizure and sale of the vehicle being operated at the time of arrest with the proceeds forfeited to the State. Driver's License Suspension: 2 years DWI Fourth Offense (Felony) Fine: Mandatory $5,000 fine Jail: 10 to 30 years (all but 2 years can be suspended on a first conviction for DWI Fourth Offense) Vehicle: Mandatory seizure and sale of the vehicle being operated at the time of arrest with the proceeds forfeited to the State. Driver's License Suspension: 2 years

Prior convictions which may be used to convert a DWI into a second, third or fourth offense include a conviction for vehicular homicide, vehicular negligent injuring, first degree vehicular negligent injuring or a conviction for DWI in any state, municipal or other court.

Louisiana has a 10 year "cleansing period" for DWI offenses. This means that if the arrest for the prior offense occurred over 10 years before the arrest for the current offense, that prior conviction cannot be used to convert the present DWI offense to a higher offense. However, any time that the arrestee was incarcerated during that period is excluded from the calculation of the 10 year limit.

Additionally, Louisiana has a Child Endangerment Law which provides that if a child 12 years of age or younger was a passenger in the vehicle when the defendant was arrested, the minimum mandatory sentence provided for each offense cannot be suspended. This means that if the Child Endangerment Law applies, the minimum mandatory sentences would be as follows:

A conviction includes; a verdict of guilty after a trial, a plea of guilty or a plea of nolo contendre. A conviction also includes a prior offense that was dismissed under Louisiana Code of Criminal Procedure Article 894.

UNDERAGE DWI

In Louisiana, it is a crime (LA. R. S. 14:98.1) for a person under the age of 21 to operate a motor vehicle with a blood alcohol concentration of .02 per cent or more.

PENALTIES

Underage DWI First Offense (Misdemeanor)

Fine: $100-$250.00.
Substance Abuse Evaluation and Driver Improvement School Required.

Underage DWI Second Offense (Misdemeanor)

Fine: $150-$500.00.
Jail: 10 days to 3 months (all of which may be suspended)
Community Service: 80 hours
Substance Abuse Evaluation and Driver Improvement School Required.

Any person under the age of 21 who has a blood alcohol concentration of .10 per cent or more is to be charged under the "regular" DWI statute (14:98).