DUI Laws in Louisiana: Penalties, BAC Limits & License Suspension

In Louisiana, drunk driving is charged as DWI — "Driving (or Operating a Vehicle) While Intoxicated" under La. R.S. 14:98. The per se legal limit is 0.08% BAC for adult drivers, 0.04% for commercial drivers, and just 0.02% for anyone under 21. If your license was seized at the time of arrest, you have only 30 days from the date of arrest to request an administrative hearing with the Louisiana Office of Motor Vehicles (OMV) to fight the suspension — miss that window and the suspension takes effect automatically, regardless of what happens with the criminal case. Everything below explains what that means and what to do next.

What a Louisiana DWI Is Actually Called

Louisiana law and courts use the term DWI — "driving while intoxicated," codified as "operating a vehicle while intoxicated" in La. R.S. 14:98. You may also see it written as OWI in some secondary materials, but the controlling statute and Louisiana's court system consistently refer to the offense as DWI. First, second, third, and fourth-or-subsequent offenses are each sentenced under their own subsection: R.S. 14:98.1 (first), 14:98.2 (second), 14:98.3 (third), and 14:98.4 (fourth or subsequent).

Louisiana's Per Se BAC Limits

• 0.08% BAC — the standard per se limit for drivers 21 and older. (This 0.08% threshold is the national standard used by every state.)
• 0.04% BAC — the limit for anyone operating a commercial motor vehicle (CDL holders), consistent with federal commercial-driver rules.
• 0.02% BAC — Louisiana's "zero tolerance" limit for drivers under 21. At this level, prosecutors don't need to prove impairment; the number alone is enough to support a charge.
• 0.15% BAC — Louisiana's aggravated/high-BAC threshold. A first-offense conviction with a BAC of 0.15% or higher carries an additional 48 hours of mandatory jail time and a 2-year license suspension instead of the standard shorter suspension. At 0.20% or higher, the mandatory minimum fine increases and the ignition interlock requirement extends across the entire suspension period.

Always confirm the current text of R.S. 14:98 and related sections directly with the Louisiana State Legislature's official statute portal, since penalty amounts and thresholds are periodically amended by the legislature.

Implied Consent and Refusing a Chemical Test

Under Louisiana's implied consent law (R.S. 32:661), anyone who drives on Louisiana roads is considered to have already agreed to submit to a chemical test (breath, blood, or urine) if a law enforcement officer has probable cause to believe they are impaired. Refusing that test does not avoid consequences — it triggers its own automatic administrative penalty, separate from and in addition to any DWI charge:

• First refusal: automatic 1-year (365-day) suspension of driving privileges under R.S. 32:667 — longer than the 180-day suspension that follows a first failed test at or above 0.08%.
• A refusal also makes you ineligible for a restricted "hardship" license for the first 90 days of that suspension (compared to 30 days for someone who took and failed the test).
• Your refusal can be introduced as evidence against you at a DWI trial. It is not a way to avoid the case — it typically adds a separate, harsher administrative penalty on top of it.
• A second or later refusal within the relevant look-back period carries an even longer suspension.

The Administrative License Suspension — And Its Short Deadline

This is the part people miss, and it is time-critical. Separate from the criminal DWI case, the Louisiana Department of Public Safety and Corrections, Office of Motor Vehicles (OMV) can suspend your license administratively based solely on the arrest and test result (or refusal) — before any conviction, and even if the criminal charge is later reduced or dropped. This clock starts on the arrest date, not your first court date, and it runs whether or not you've hired a lawyer yet.

• Deadline to request a hearing: 30 days from the date of arrest. You (or your attorney) must submit a written request to the Department of Public Safety and Corrections for an administrative hearing, per R.S. 32:668. Miss the 30-day window and the suspension takes effect, generally with no administrative appeal left.
• If incarceration, hospitalization, or another documented reason prevented a timely request, Louisiana law allows a request within 90 days of the arrest instead — but acceptable supporting documentation is required, so don't count on this extension by default.
• The hearing is heard through the Division of Administrative Law; the suspension can potentially be lifted or narrowed if the stop, the test procedure, or the paperwork doesn't hold up.
• Agency to contact: the Louisiana Office of Motor Vehicles (OMV), part of the Department of Public Safety and Corrections — see the Louisiana OMV suspensions page.

First-Offense DWI Penalties in Louisiana

Under R.S. 14:98.1, a standard first-offense DWI conviction (BAC below 0.15%) generally carries:

• License suspension: a suspension period tied to the case, commonly around 180 days for a first offense at the standard BAC range, extending up to 2 years if the BAC was 0.15% or higher at the time of the offense.
• Ignition interlock device (IID): commonly required as a condition of probation, and mandatory for the BAC-enhanced tiers (0.15% and above); an offender who wants a restricted license during a suspension generally must have an IID installed.
• Jail and fines: the statute sets a fine and jail range for first offense, with mandatory minimum jail time that can sometimes be satisfied through a community-service alternative in lieu of some mandatory jail hours, and the fine and mandatory jail time both increase at the 0.15% and 0.20% BAC tiers.

Do not rely on any exact dollar figure or day count from a blog post — Louisiana's DWI fine and jail ranges have been amended multiple times and vary by BAC tier. Confirm current numbers directly from R.S. 14:98.1 on the Louisiana Legislature's website or with a Louisiana defense attorney.

Lookback (Washout) Period: How Long a Prior DWI Counts

Louisiana uses a 10-year lookback period under R.S. 14:98(C). A prior DWI conviction generally cannot be used to enhance a new charge if it occurred more than 10 years before the new offense. Importantly, that 10-year clock is not simply calendar time — Louisiana law excludes ("tolls") certain periods from the count, including time you spent incarcerated, on probation or parole for a qualifying offense, or awaiting trial (including time under an attachment for failing to appear). That means a prior conviction can sometimes still count as a "prior" even if more than 10 calendar years have technically passed, if enough of that time is excluded. If your case involves an older prior DWI, this tolling detail is exactly the kind of thing to raise with a Louisiana defense attorney rather than assume either way.

When a Louisiana DWI Becomes a Felony

A DWI in Louisiana becomes a felony at the third offense within the applicable lookback period. Under R.S. 14:98.3, a third-offense DWI conviction is punishable by imprisonment (with or without hard labor) for one to five years, with at least one year required to be served without benefit of parole, probation, or suspension of sentence, plus a mandatory fine. Fourth-or-subsequent offenses under R.S. 14:98.4 carry even longer mandatory prison exposure. Separately, causing serious injury or death while impaired is prosecuted as its own, more serious felony (vehicular homicide or vehicular negligent injuring) regardless of prior offense count, and a child passenger under 12 is an aggravating factor that increases mandatory penalties at sentencing. If any of these apply to you, talk to a Louisiana criminal defense attorney immediately rather than researching penalty ranges online.

What to Do After a DUI/DWI Arrest in Louisiana

1. Note the arrest date and count 30 days from it — mark that deadline immediately. That is your window to request an administrative hearing with the Louisiana OMV to contest the license suspension. This deadline exists independent of your criminal court dates, and it is the single most time-sensitive step in this entire process.
2. Read the paperwork the officer gave you at the time of arrest (often called a "Notice of Suspension" or similar). It typically explains how and where to submit your hearing request and the temporary license period, if any, before suspension takes effect.
3. Contact a Louisiana criminal defense attorney or the Louisiana Office of Motor Vehicles as soon as possible to confirm exactly how to file the administrative hearing request and what it requires — don't wait until close to day 30.
4. Do not discuss the details of the arrest with anyone other than your attorney. What you say to police, bail staff, or on recorded jail calls can be used in the criminal case.
5. Gather anything that documents your side of events early — names of witnesses, timing, and any records (medical, work schedule, etc.) that may be relevant, since memories and evidence availability fade over time.
6. If your license is suspended, ask about eligibility for a restricted "hardship" license with an ignition interlock device, and understand that refusal cases carry a longer no-restricted-license period (90 days) than test-failure cases (30 days).
7. Confirm whether this is legally a "first offense" for you — remember Louisiana's 10-year lookback can be extended by tolled periods, so don't assume an old prior no longer counts without checking.
8. Attend every scheduled court date. Failing to appear can trigger an attachment and additional consequences on top of the DWI case itself.

This article is general legal information about Louisiana law, not legal advice for your specific situation. Laws and penalty amounts change, and only a licensed Louisiana attorney reviewing your case can tell you how these rules apply to you.