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A DWI arrest in Louisiana comes with a lot of numbers thrown around fast: BAC percentages, suspension periods, fines that jump depending on which offense this is. Most of what gets shared about it online skips the parts that actually change the outcome.
Louisiana law provides separate penalty provisions for first, second, third, and fourth-or-subsequent DWI offenses under R.S. 14:98.1 through 14:98.4. Louisiana treats repeat DWI offenses differently depending on qualifying prior offenses, while factors such as blood alcohol concentration can trigger additional penalties or license consequences. A first or second offense is generally a misdemeanor, while a third offense is a felony.
Rozas Law Firm has represented Louisiana clients in criminal matters since 2004. Below is what current Louisiana law actually says about each offense tier, what a DWI arrest sets in motion beyond the criminal case itself, and how long it follows a person afterward.
A Few Things Worth Knowing Before the Details:
- DWI and DUI are the same charge in Louisiana, just different shorthand for the same statute, so neither term signals a lesser or greater offense.
- A DWI arrest can trigger two separate legal processes at once, one criminal and one administrative, and missing a deadline on the administrative side can cost a license even if the criminal case goes well.
- A prior DWI doesn’t count against a new charge forever. Louisiana’s look-back period for offense-tier enhancement runs 10 years, a different number than the 5-year window for expungement eligibility, and the two get confused constantly.
What Louisiana Law Actually Calls a DWI
Louisiana’s DWI statute, R.S. 14:98, defines the offense three separate ways, so a blood alcohol test isn’t the only path to a charge. A person can be charged for operating a vehicle with a blood alcohol concentration of 0.08% or more, for being impaired by alcohol regardless of the number on a breath test, or for being impaired by drugs, including a combination of drugs and alcohol.
That third prong matters more than most drivers realize. An officer who has reasonable grounds to believe a driver is impaired can still make an arrest even if a breath test comes back under 0.08%, since impairment itself is an independent basis for the charge, not just a fallback when the number is close. A valid driver’s license also isn’t relevant to guilt or innocence here; not having one is not a defense to a DWI charge, and it doesn’t add a separate element either.
Louisiana’s Four DWI Offense Tiers
Louisiana punishes DWI in four escalating tiers, and the jump from misdemeanor to felony happens at the third offense, not the fourth. Each tier is its own statute with its own fine range, jail or prison term, and license consequences.
First Offense
- Statute: R.S. 14:98.1
- Classification: Misdemeanor
- Fine: 300–1,000
- Jail/Prison: 10 days to 6 months
- Basic Statutory Penalty: None (typically probation)
Second Offense
- Statute: R.S. 14:98.2
- Classification: Misdemeanor
- Fine: 750–1,000
- Jail/Prison: 30 days to 6 months
- Basic Statutory Penalty: 48 hours without parole or suspension
Third Offense
- Statute: R.S. 14:98.3
- Classification: Felony
- Fine: $2,000
- Jail/Prison: 1 to 5 years
- Basic Statutory Penalty: 1 year without parole or suspension
Fourth or Subsequent Offense
- Statute: R.S. 14:98.4
- Classification: Felony
- Fine: $5,000
- Jail/Prison: 10 to 30 years
- Basic Statutory Penalty: 2 years without parole or suspension
These are general statutory ranges. Additional mandatory conditions, enhanced penalties, treatment requirements, ignition-interlock requirements, and other consequences may apply depending on the circumstances.
Additional consequences apply when BAC is 0.15% or higher on certain first- and second-offense cases. Specifically, triggering a longer license suspension (2 years on a first offense, 4 years on a second) and a mandatory ignition interlock device.
Louisiana also amended its DWI sentencing laws in 2026 to increase penalties in certain repeat-offense cases involving prior convictions for vehicular homicide, third-degree feticide, first-degree vehicular negligent injuring, or equivalent offenses. Because the enhanced sentence depends on the offense level and qualifying prior conviction, the applicable penalty should be determined under the specific subsection of R.S. 14:98.2, 14:98.3, or 14:98.4.
A Louisiana DWI Arrest Usually Starts Two Separate Cases
Most people focus entirely on the criminal charge and don’t realize a Louisiana DWI arrest also opens an administrative license suspension case, run separately through the Office of Motor Vehicles. The two run on different tracks, with different deadlines, and winning one doesn’t automatically resolve the other.
Refusing a breath test doesn’t avoid this. A first refusal triggers an automatic 365-day license suspension, and a second refusal within the 10-year look-back period extends that to two years, regardless of how the criminal case turns out. A third refusal becomes its own separate crime under Louisiana law. Prosecutors can also point to a refusal in the criminal case itself as evidence, even without a BAC number to work from.
When Louisiana’s administrative suspension procedures apply, the driver may receive a temporary license receipt and has 30 days to make a written request for an administrative hearing. If a timely request is not made, the applicable license suspension can take effect under R.S. 32:667. If a timely hearing request is not made, the applicable statutory license suspension generally takes effect after the temporary driving period expires. Our Louisiana DUI and DWI defense team handles both tracks together, since a plan that only accounts for the criminal case can still end with a suspended license.
How Long a DWI Follows You in Louisiana
Louisiana actually runs two different clocks on an old DWI, and mixing them up leads to bad assumptions in both directions. The first is expungement eligibility: a misdemeanor DWI conviction can potentially be removed from public record 5 years after the full sentence, including probation, is completed, as long as there’s no pending or new felony charge in the meantime.
The second clock is separate and longer: Louisiana looks back 10 years to decide whether a prior DWI counts toward enhancing a new one to second, third, or fourth offense. A DWI from 12 years ago generally won’t turn a new arrest into a second offense, but that same conviction might still show up on a background check if it was never formally expunged. Treating “off my record” and “stopped counting against me” as the same thing is a common and costly misunderstanding.
What Louisiana Drivers Ask Most About DWI Charges
A DWI charge raises the same handful of urgent questions for almost everyone who searches it. Here’s what Louisiana drivers ask most, with straight answers grounded in current state law.
What Is the Difference Between a DUI and a DWI in Louisiana?
Louisiana treats DWI and DUI as the exact same offense, not two separate charges or severity levels. Both terms describe a violation of R.S. 14:98, Louisiana’s operating-while-impaired statute, so an officer, a court document, or a search engine using either word means the same charge.
Can You Still Be Charged With a DWI in Louisiana If Your BAC Is Below 0.08?
Yes, a Louisiana DWI arrest doesn’t require a blood alcohol reading at or above 0.08%. An officer with reasonable grounds to believe a driver is impaired by alcohol or drugs can make an arrest under R.S. 14:98 even when a breath test comes back below that threshold.
What Is the Penalty for a DWI in Louisiana?
A Louisiana DWI penalty depends entirely on the offense count, not a single fixed punishment. A first or second offense is a misdemeanor punishable by fines and up to 6 months in jail, while a third or later offense becomes a felony carrying a mandatory minimum prison sentence.
Will a Prior DWI Make My New Charge a Second Offense in Louisiana?
Not automatically. Louisiana only counts a prior DWI toward a new charge’s offense tier within a 10-year look-back period. A conviction older than 10 years generally won’t escalate a new arrest to second offense, though it can still surface on a background check if it was never expunged.
How Long Does a DWI Stay on Your Record in Louisiana?
A misdemeanor DWI conviction becomes eligible for expungement 5 years after the full sentence, including probation, is completed. A separate 10-year look-back period decides whether that same conviction still counts toward enhancing a new charge to second offense or higher, so the two clocks track different things entirely.
What Happens If I Refuse a Breath Test in Louisiana?
Refusing a breath test triggers an automatic license suspension separate from the criminal case, 365 days for a first refusal and 2 years for a second within the look-back period. A third refusal becomes its own crime under Louisiana law, and prosecutors can still point to the refusal itself as evidence.
How Long Do I Have to Request a Hearing After a Louisiana DWI Arrest?
A driver arrested for DWI in Louisiana gets 30 days from the arrest to request a hearing before the Division of Administrative Law and contest the license suspension. Missing that window typically makes the suspension permanent once the temporary driving permit expires, regardless of how the criminal case turns out.
Talk to a Louisiana DWI Defense Attorney Today
A DWI charge moves on two separate clocks from the moment of arrest, one criminal and one administrative, and missing either one narrows what’s still possible later. Rozas Law Firm has represented Louisiana clients in DWI and criminal matters since 2004, with bilingual staff in English and Spanish across offices statewide.
Visit our Louisiana criminal defense attorneys page to learn more about how our team handles DWI cases from arrest through resolution, or reach out through our contact form to discuss your situation.
This blog post is for general informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship. Prior results do not guarantee a similar outcome in your case. For guidance on your specific situation, contact Rozas Law Firm directly.
