Louisiana DUI/DWI Punishments and Penalties

FIRST OFFENSE DUI/DWI - FINES: $300-$1,000; JAIL: not less than 10 days - maximum 6 months (court may order probation with minimum 2 days in jail and participation in court-approved substance abuse program and driver improvement program, or probation with minimum 4 eight-hour days of court-approved community service (half must be litter abatement or collection), substance abuse program and driver improvement program. LICENSE SUSPENSION: 3 - 6 months.

FIRST OFFENSE DUI/DWI - BAC .15 OR HIGHER - mandatory minimum 48 hours in jail

FIRST OFFENSE DUI/DWI - BAC .20 OR HIGHER - FINES: $750-$1,000; JAIL: mandatory minimum 48 hours; LICENSE SUSPENSION: 2 years (may apply for a restricted license to be in effect during the entire period of suspension upon proof to the Department that his motor vehicle has been equipped with a functioning ignition interlock device. The ignition interlock device shall remain installed and operative on his vehicle during the first twelve-month period of suspension of his driver's license following the date of conviction.

SECOND OFFENSE DUI/DWI - FINES: $750-$1,000; JAIL: not less than 30 days - maximum 6 months. Mandatory minimum 48 hours in jail. Court may allow rest of sentence to be served by home incarceration. Court may substitute sentence by placing offender on probation with minimum 15 days in jail and substance abuse program and driver improvement program, or probation with 30 eight-hour days of community service (half must be litter abatement or collection) and substance abuse and driver improvement programs. LICENSE SUSPENSION: 1 year; OTHER: Installation of an ignition interlock device for a period of not less than six months. In addition, the device shall remain installed and operative during any period that the offender's operator's license is suspended under law and for any additional period as determined by the court.

SECOND OFFENSE DUI/DWI - BAC .15 OR HIGHER - minimum mandatory 96 hours in jail

SECOND OFFENSE DUI/DWI - BAC .20 OR HIGHER - minimum mandatory $1,000 and 96 hours in jail; LICENSE SUSPENSION: 4 years (may apply for a restricted license to be in effect during the period of suspension upon proof to the Department that his motor vehicle has been equipped with a functioning ignition interlock device. The ignition interlock device shall remain installed and operative on his vehicle during the first three years of the four-year period of the suspension of his driver's license).

THIRD OFFENSE DUI/DWI - FINES: $2,000; JAIL: not less than 1 year in jail with or without hard labor - maximum 5 years in jail. Minimum mandatory 45 days in jail. The rest of sentence may be served by probation, which includes at least 30 eight-hour days of community service and addictive disorder evaluation, including treatment in an inpatient facility approved by the office for a period of not less than four weeks followed by outpatient treatment services for a period not to exceed twelve months; OR substance abuse treatment in an alcohol and drug abuse program; AND home incarceration program for at least 6 months, but not more than the remainder of the jail term. LICENSE SUSPENSION: 1 year; OTHER: vehicle impoundment and auction sale (unless vehicle was stolen or if driver was not the owner of the vehicle and owner did not know driver was DUI), unless all towing and storage fees are paid by a valid lien-holder. In addition, the offender must install a functioning ignition interlock device on all vehicles they own or operate. The ignition interlock device shall remain installed and operative until the offender has completed the requirements of substance abuse treatment and home incarceration.

FOURTH OR SUBSEQUENT OFFENSE DUI/DWI - FINES: $5,000; JAIL: not less than 10 years - maximum 30 years. Mandatory minimum 75 days must be served in jail; court may substitute the rest of the prison term with probation of up to 5 years. Probation will include 40 eight-hour days of community service and either addictive disorder evaluation and treatment in an inpatient facility approved by the office for a period of not less than four weeks followed by outpatient treatment services for a period not to exceed twelve months, OR substance abuse treatment in an alcohol and drug abuse program, AND home incarceration for a period of time not less than one year nor more than the remainder of the term of supervised probation. LICENSE SUSPENSION: 2 years; OTHER: vehicle impoundment and auction sale (unless vehicle was stolen or if driver was not the owner of the vehicle and owner did not know driver was DUI), unless all towing and storage fees are paid by a valid lien-holder, and driver improvement program. In addition, the offender must install a functioning ignition interlock device on all vehicles they own or operate. The ignition interlock device shall remain installed and operative until the offender has completed the requirements of substance abuse treatment and home incarceration under the provisions of Subsections D and E of this Section.

VEHICULAR HOMICIDE - FINES: $2,000 - $15,000; JAIL: not less than 5 years - 30 years. Mandatory minimum 1 year in jail.

VEHICLE NEGLIGENT INJURY - FINES: up to $1,000; JAIL: not more than six months in jail.

FIRST DEGREE VEHICLE NEGLIGENT INJURY - FINES: up to $2,000; JAIL: up to 5 years.

FIRST OFFENSE - FINES: $100 - $250; OTHER: participation in screening and a court-approved substance abuse and driver improvement program

SECOND OFFENSE - FINES: $150 - $500; JAIL: not less than 10 days - maximum 3 months. Jail time may be suspended if offender is placed on probation with minimum 48 hours jail time OR at least 10 eight-hour days of court-approved community service activities (half of which are litter abatement or collection programs). OTHER: participation in screening and a court-approved substance and driver improvement program.

Penalties For Refusing To Submit To A Louisiana DWI/DUI Chemical Test

FIRST OFFENSE - FINES: $300 - $1,000; JAIL: not less than 10 days - maximum 6 months. Jail may be suspended if offender is placed on probation with minimum 2 day jail sentence or 4 eight-hour days of court-approved community service activities (half must be litter abatement or collection programs). OTHER: participation in screening and a court-approved substance abuse program and driver improvement program.