DWI Penalties
La. R.S. 14:98 — operating while impaired at 0.08 percent, with the sentence rising by offense and by reading
Operating while impaired is driving, or operating any other conveyance, while impaired by alcohol or another drug, or with a blood alcohol concentration of 0.08 percent or more. A conviction more than 10 years before the new offense does not count as a prior one.
| Offense | Fine | Jail |
|---|---|---|
| OffenseFirst | Fine$300 to $1,000 | Jail10 days to 6 months |
| OffenseSecond | Fine$750 to $1,000 | Jail30 days to 6 months |
| OffenseThird | Fine$2,000 | Jail1 to 5 years, at least 1 served without parole |
- A first offense can be probated only with 48 hours in jail or 32 hours of community service, a substance abuse program, a driver improvement program, and no driving without an ignition interlock for at least 6 months.
- At 0.15 percent or more on a first offense, 48 more hours are served without parole and the license is suspended for 2 years.
- At 0.20 percent or more on a first offense, the fine is $750 to $1,000.
- On a third conviction, the vehicle can be seized and sold at auction.
When a child 12 years of age or younger was a passenger, the minimum mandatory sentence cannot be suspended.
Sources for this section (4)
- La. R.S. 14:98 — Operating a vehicle while impaired
- La. R.S. 14:98.1 — Operating while impaired; first offense; penalties
- La. R.S. 14:98.2 — Operating while impaired; second offense; penalties
- La. R.S. 14:98.3 — Operating while impaired; third offense; penalties
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Louisiana attorney.