DUI Laws in Louisiana

0.08 or more for adult drivers (or being impaired by alcohol or drugs at any level); 0.02 or more for drivers under 21 (underage operating while impaired).

First offense: fine of $300 to $1,000 and 10 days to 6 months in jail. The sentence may be suspended only if the offender is placed on probation and serves 48 hours in jail (or performs at least 32 hours of community service), completes a court-approved substance abuse program and a driver improvement program, and does not drive for at least 6 months of probation unless the vehicle has an ignition interlock. With a BAC of 0.15 or more, at least 48 hours must be served without probation or suspension and the license is suspended for two years; at 0.20 or more the fine is $750 to $1,000. The OMV's administrative suspension after a first failed test (0.08–0.14, age 21+) is 180 days.

A third DWI (operating while impaired) offense is a felony: it carries a $2,000 fine and 1 to 5 years in prison, with or without hard labor, and at least 1 year must be served without parole, probation or suspension (unless the person is accepted into a drug division probation program). Louisiana defines a felony as any crime that can be punished by death or imprisonment at hard labor. A fourth or later offense is sentenced under a separate, harsher section (R.S. 14:98.4). Prior DWI convictions count if committed within 10 years before the new offense, not counting time the person spent incarcerated, on probation or parole for DWI, or awaiting trial. Convictions for vehicular homicide, third-degree feticide and vehicular negligent injuring also count as prior offenses.

Refusing an approved chemical test after a DWI arrest leads to an administrative suspension of 365 days for a first refusal and 730 days for a second or later refusal (arrests on or after Sept. 1, 2009). Reinstatement requires SR-22 proof of insurance for 3 years from the arrest date and a fee; an ignition interlock is required if there was a crash with moderate or serious injury, a child 12 or younger in the vehicle, or a prior alcohol violation on the record.

10 years. A prior impaired-driving conviction committed more than ten years before the current offense is not counted for repeat-offense penalties, but time spent awaiting trial, on probation or parole, or incarcerated for such an offense is excluded from the ten-year count.

A misdemeanor DWI conviction can be expunged by motion if the conviction was set aside and the case dismissed after a successful probation (Code of Criminal Procedure art. 894(B)), or if more than 5 years have passed since the sentence, deferred adjudication, probation or parole was completed with no felony conviction during that time and no felony charge pending. How long a DWI stays on the Louisiana driving record (Office of Motor Vehicles) was not found on an official page.

The OMV refers to a restricted hardship license being available in some suspension cases. For alcohol-related suspensions that require an ignition interlock, the interlock must be installed upon reinstatement or upon issuance of a restricted hardship license. A driver whose license is suspended must have served the suspension or be eligible for and obtain a hardship license to enter an OMV installment plan.