Louisiana uses the following drunk driving terminology: DUI (Driving Under the Influence) and DWI (Driving While Intoxicated).
How much do you have to drink (BAC*) for a DUI in Louisiana?
|
Under 21 |
.02% |
|
21 or older |
.08% |
|
Commercial |
.04% |
** BAC = blood alcohol content
How many drinks does it take? Check the BAC chart.
What if you refuse to take a chemical test in Louisiana?
Louisiana has an implied consent law. That means that if you refuse to submit to a chemical test you will be subject to a fine and automatic license suspension. Learn more about Louisiana’s implied consent law.
|
|
1st Offense |
2d Offense |
3rd Offense |
|
Refusal to take test |
6 month license revocation |
6 month license revocation |
2 days minimum jail term |
What is the minimum jail time?
|
|
1st Offense |
2d Offense |
3rd Offense |
|
Minimum Jail |
2 days jail, or 48 hours community service |
30 days jail if offense is within one year of previous offense (no suspensions permitted), otherwise, if not within a year of the first, the minimum of 30 days is typically suspened to 2 days jail, plus 30 days of community service |
45 days jail |
Lookback Period: 10 years (Period of time that prior DUIs are relevant for sentencing. Also known as a “washout” period.)
Can you plead to a lesser offense than DUI in Louisiana?
A defendant might receive a "wet reckless," or a conviction of reckless driving involving alcohol, as a result of a plea bargain in which a charge of drunk driving is reduced to a case of reckless driving. There is no statutory provision on whether a wet reckless plea bargain will be accepted in Louisiana, but it's possible a lawyer may be able to create a plea bargain for you.
First Louisiana DWI
1st DUI Conviction
- Jail – 2 days to 6 Months
- Fine - $1,000
- License Suspension – 90 Days
- License Suspension – 6 Months (Under 21)
More Information: First Offense DWI in Louisiana
Second Louisiana DWI
2nd DUI Conviction
- Jail – 30 days (typically suspended to 48 Hours) up to 6 Months (or 30 days minimum with no suspensions, if second offense is within 1 year of first offense)
- Fine - $1,000
- License Suspension – 1 Year
More Information: Second Offense DWI in Louisiana
Important Note from the Editor
We try to keep the information provided here up to date. However, laws often change, as do their interpretation and application. Different jurisdictions within a state may enforce the laws in different ways. For that reason, we recommended that you seek the advice of a local attorney familiar with DUI cases in your area.
Third Louisiana DWI
3rd DUI Conviction
- Felony Offense
- Jail – 45 Days Mandatory up to 5 Years
- Fine - $2,000
- License Suspension – 2 Years
- Substance Abuse Treatment – 6 Week Inpatient
- Community Service – 30 Days
- Home Incarceration – Remainder of Sentence
More Information: Third Offense DWI in Louisiana
Fourth Louisiana DWI
4th Drunk Driving Conviction
- Felony Offense
- Jail – 75 Days Mandatory up to 30 Years
- Fine - $5,000
- License Suspension – 2 Years
- Vehicle May Be Seized and Sold
- Substance Abuse Treatment – 6 Week Inpatient
- Community Service – 40 Days
- Home Incarceration – Remainder of Sentence
Drinking and Driving Laws in Louisiana
Louisiana Drunk Driving and Wet Reckless Laws - Nolo.com
In the State of Louisiana it is illegal to drive with a blood alcohol concentration (BAC) of .08 percent or above. The .08 BAC limit is the standard measurement across the United States for an "Impaired" driver. Louisiana has lower BAC limits for minors and drivers of commercial vehicles. The Louisiana driving while intoxicated (DWI) law also covers the use of drugs such as marijuana, amphetamines, tranquilizers and barbiturates. The penalty for driving under the influence of drugs is the same as driving under the influence of alcohol.
How many drinks does it take to reach the legal limit in Louisiana?
Every person is different, there are calculators, charts and
graphs to reference your body weight, sex, and number of drinks, but
these devices should be used with caution as your unique physical
characteristics play a large role in the calculation of your individual
blood alcohol concentration level. Studies have been done that have show
that some people may have an increase of .05 percent for each drink
taken. Given that low number, it takes very little alcohol to reach the
.08 percent limit and be deemed "legally drunk".
The best answer is not to drink and drive . The State of Louisiana has strict laws for drunk driving, and when you drink and drive in Louisiana, you risk your freedom, finances and your future.
The first DWI you receive in The State of Louisiana will go on your record as a criminal offense. You will be fined up to $1,000 and you will pay for all of the legal proceedings. You could spend up to 6 months in jail and lose your drivers license for up to 90 days if you are over 21, and up to 6 months if you are under 21.
On your second drunk driving conviction you will spend a minimum of 48 hours in jail, up to 6 months. You could be fined up to $1,000 and you will pay for all of the legal proceedings. You will also lose your drivers license for up to 1 year.
If you have a 3rd DWI conviction in the State of Louisiana you will have a felony criminal record and spend from 1 to 5 years in prison, 45 days of which is mandatory jail time. You will also be fined up to $2,000. Your drivers license will be revoked for 2 years and your automobile may be seized and sold by the state. You will also be ordered to 6 weeks of inpatient and 12 months of outpatient substance abuse treatment and have home incarceration for the remainder of your sentence. Any offender placed on probation must participate in thirty eight-hour days of court-approved community service activities.
For your 4th DWI conviction in the State of Louisiana you will have a felony criminal record and spend up to 30 years in prison, 75 days of which is mandatory jail time. You will also be fined up to $5,000. Your drivers license will be revoked for 2 years and your automobile may be seized and sold by the state. You will also be ordered to 6 weeks of inpatient and 12 months of outpatient substance abuse treatment and have home incarceration for the remainder of your sentence. Any offender placed on probation must participate in forty eight-hour days of court-approved community service activities.
Drunk Driving Laws in Louisiana
State of Louisiana BAC Laws:
- All drivers with a BAC of .08 or higher.
- Under 21 with a BAC of .02 or higher.
- Commercial Vehicle Driver with a BAC of .04 or higher.
The Implied Consent Law in Louisiana
The implied consent law in Louisiana deems that all drivers in the State of Louisiana agree to submit to a chemical test of blood, breath or urine if a peace officer has reasonable cause to believe you are under the influence of Alcohol or Drugs. If you refuse to submit to such a test your drivers license will be suspended for 180 days the first refusal. If you refuse to chemical testing for a second time your drivers license will be suspended for 545 days.
State of Louisiana Website - State Driver Guide (Has DUI Info) 5 Meg Download
Update - Amendment to Drunk Driving Penalties in Louisiana (House Bill 786)
Other State of Louisiana Information on this Website
Louisiana Teen Driving Laws and Insurance Requirements
Cell Phone and Text Messaging Laws in Louisiana
