Louisiana’s DUI/OWI Laws and Penalties for a First, Second, and Third Offense

In Louisiana, the penalties you'll face for an operating while impaired (OWI) conviction depend mostly on the number of prior convictions you have. You may be familiar with the phrase DUI (driving under the influence). Some people use OWI and DUI interchangeably in Louisiana. This article explains Louisiana's OWI laws and the penalties you'll face for a first, second, third, and felony conviction.

Louisiana's OWI Laws

Louisiana law forbids a person from operating a motor vehicle, aircraft, or watercraft:

• while impaired by alcohol
• with a blood alcohol content (BAC) of .08% or greater, or
• while impaired by drugs or a combination of drugs and alcohol.

(La. Rev. Stat. § 14:98 (2025).)

A BAC-based OWI or "per se OWI," doesn't require proof of actual impairment. But the volume of alcohol necessary to reach .08% can differ for different people.

When determining whether an OWI offense is a first, second, third, or subsequent conviction, Louisiana counts all OWI convictions that occurred within 10 years of the most recent offense. If an OWI offense falls outside of that 10-year period, then it won't count when determining mandatory sentences. (La. Rev. Stat. § 14:98 (2025).)

Louisiana First-Offense (Misdemeanor) OWI Penalties

A first OWI in 10 years is generally a misdemeanor and typically carries:

• 10 days to 6 months in jail
• $300 to $1,000 in fines, and
• a 12-month license suspension.

(La. Rev. Stat. §§ 14:98.1, 32:414 (2025).)

If the court places a defendant on probation, the minimum sentence is reduced to 48 hours in jail or 32 hours of community service. If placed on probation, the defendant also must:

• participate in a substance abuse program
• participate in a driver improvement program, and
• not operate a motor vehicle during probation—for a period of at least six months—unless it's equipped with an ignition interlock device (IID).

(La. Rev. Stat. § 14:98.1 (2025).)

An OWI conviction involving a BAC of at least .15% carries a minimum of 48 hours in jail (even if probation is granted) and a 2-year license suspension. The driver may obtain a restricted license to travel for work or health care but must install an IID to be able to drive. (La. Rev. Stat. §§ 14:98.1, 32:414, 32:415.1 (2025).)

A driver with a BAC of .20% or more must serve 48 hours in jail (even with probation) and pay a fine of $750 to $1,000. Additionally, the driver's license will be suspended for two years. The driver may obtain a restricted license to travel for work or health care but must install an IID to be able to drive. (La. Rev. Stat. §§ 14:98.1, 32:414, 32:415.1 (2025).)

Louisiana Second-Offense (Misdemeanor) OWI Penalties

A second OWI in 10 years is generally a misdemeanor and typically carries:

• 30 days to 6 months in jail
• $750 to $1,000 in fines, and
• a license suspension of 24 months.

(La. Rev. Stat. §§ 14:98.2, 32:414 (2025).)

If the court places a defendant on probation, the defendant must serve 48 hours in jail. The defendant also must serve 15 days in jail or perform 240 hours of community service. If placed on probation, the defendant also must:

• participate in a substance abuse program
• participate in a driver improvement program, and
• not operate a motor vehicle during probation—for a period of at least six months—unless it's equipped with an IID.

(La. Rev. Stat. § 14:98.2 (2025).)

Drivers with a BAC of at least .15% who are granted probation must serve a minimum of 96 hours in jail and a 4-year license suspension. The driver may obtain a restricted license to travel for work or health care but must install an IID to be able to drive. (La. Rev. Stat. §§ 14:98.2, 32:414, 32:415.1 (2025).)

A driver with a BAC of .20% or more who is granted probation must serve 96 hours in jail and pay $1,000 in fines. The driver's license will be suspended for four years. The offender may obtain a restricted license to travel for work or health care but must install an IID to be able to drive. (La. Rev. Stat. §§ 14:98.2, 32:414, 32:415.1 (2025).)

Louisiana Third-Offense (Felony) OWI Penalties

A third OWI in 10 years is generally a felony and typically carries:

• one to five years in jail
• $2,000 in fines, and
• a 36-month license suspension.

(La. Rev. Stat. §§ 14:98.3, 32:414 (2025).)

The court can suspend part of the jail sentence by placing the convicted person on probation for up to five years. (La. Rev. Stat. § 14:98.3 (2025).)

Offenders who are granted probation must:

• serve one year in jail or complete the drug division probation program
• be on home incarceration for at least 6 months
• complete 240 hours of community service
• maintain gainful employment while on probation
• complete a driver improvement program
• complete four weeks of inpatient substance abuse treatment, and
• complete up to 12 months of outpatient substance abuse treatment.

(La. Rev. Stat. § 14:98.3 (2025).)

The judge can also order the vehicle used in the commission of the OWI to be seized by the state and sold at auction. (La. Rev. Stat. §§ 14:98, 14:98.3 (2025).)

The offender may obtain a restricted license to travel for work or health care but must install an IID to be able to drive. (La. Rev. Stat. § 14:98.3, 32:414, 32:415.1 (2025).)

Refusing an OWI Blood, Breath, or Urine Test in Louisiana

Louisiana's "implied consent" laws require all drivers lawfully arrested for operating under the influence to submit to a breath, urine, or blood test. Drivers who refuse testing face immediate license seizure and a one-year suspension for the refusal. A second or subsequent test refusal within 10 years will result in a 2-year license suspension. (La. Rev. Stat. § 32:667 (2025).)

A driver who has two prior refusals can face criminal charges and the following penalties for a refusal:

• $300 to $1,000 in fines, and
• 10 days to 6 months in jail.

Drivers may be eligible for probation on the condition that they serve at least 48 hours in jail or complete 32 hours of community service. A driver who's placed on probation also must participate in a substance abuse program and complete a driver improvement program. (La. Rev. Stat. § 14:98.7 (2025).)

Louisiana's Underage OWI Laws

Drivers who are under 21 years old with a BAC of .02% to .08% are subject to the state's underage OWI penalties.

First Underage OWI

A violator with no priors will face a $100 to $250 fine and 10 days to 3 months jail. Offenders who are granted probation must complete at least 32 hours of community service, substance abuse treatment, and a driver improvement program. The court may suspend the sentence and place the offender on probation. (La. Rev. Stat. § 14:98.6 (2025).)

Second Underage OWI

A second or subsequent underage OWI will result in a $250 to $500 fine and 30 days to 6 months jail. Offenders who are granted probation must serve 2 days in jail or 80 hours of community service, complete a substance abuse program, and complete a driver improvement program. The judge can also order the offender to maintain an IID during the probation period. (La. Rev. Stat. § 14:98.6 (2025).)

License Suspension

An underage OWI will result in the driver's license being suspended for 180 days. (La. Rev. Stat. § 32:667 (2025).)

Getting Help From an Attorney

If you've been arrested for an OWI in Louisiana, you should seek legal assistance. The consequences of an OWI conviction are serious, so having a qualified attorney by your side is crucial.