Louisiana's rule on DUI penalties turns on a feature the national template does not capture: BAC limits: 0.08% for adults; 0.04% for commercial drivers; zero-tolerance for drivers under 21. A first offense: First-offense OWI is typically a misdemeanor with fines, possible jail, license suspension, substance-abuse evaluation, and ignition-interlock conditions. Felony threshold: A third OWI within 10 years is generally a felony; OWI with injury/death can also be a felony. The controlling authority is La. Rev. Stat. § 14:98. Lookback: Prior OWIs within 10 years enhance penalties; a third or fourth OWI can be a felony.. Ignition interlock: Ignition interlock is commonly required for restricted driving privileges after OWI.
Key takeaways
- BAC limits: 0.08% for adults; 0.04% for commercial drivers; zero-tolerance for drivers under 21
- Lookback period: Prior OWIs within 10 years enhance penalties; a third or fourth OWI can be a felony.
- First-offense range: First-offense OWI is typically a misdemeanor with fines, possible jail, license suspension, substance-abuse evaluation, and ignition-interlock conditions.
- Felony threshold: A third OWI within 10 years is generally a felony; OWI with injury/death can also be a felony.
- Ignition interlock: Ignition interlock is commonly required for restricted driving privileges after OWI.
- Primary authority: La. Rev. Stat. § 14:98.
Worked example under Louisiana law
The illustration below uses only rules already stated for Louisiana. It is a research hypothetical, not a prediction of what a court will do.
A driver in Louisiana is charged with a first impaired-driving offense and wants to know what the statute actually sets.
- Start with the alcohol limits: 0.08% for adults; 0.04% for commercial drivers; zero-tolerance for drivers under 21
- Read the first-offense range: First-offense OWI is typically a misdemeanor with fines, possible jail, license suspension, substance-abuse evaluation, and ignition-interlock conditions.
- Ask when the charge becomes a felony: A third OWI within 10 years is generally a felony; OWI with injury/death can also be a felony. Lookback: Prior OWIs within 10 years enhance penalties; a third or fourth OWI can be a felony.
- Interlock: Ignition interlock is commonly required for restricted driving privileges after OWI.
Louisiana OWI under La. R.S. 14:98 proceeds in criminal court with parallel OMV administrative actions. Defense reviews the stop and Intoxilyzer record.
Blood alcohol limits in Louisiana
0.08% for adults; 0.04% for commercial drivers; zero-tolerance for drivers under 21
Lookback window for prior offenses
Prior OWIs within 10 years enhance penalties; a third or fourth OWI can be a felony.
First-offense penalties
First-offense OWI is typically a misdemeanor with fines, possible jail, license suspension, substance-abuse evaluation, and ignition-interlock conditions.
When a Louisiana DUI becomes a felony
A third OWI within 10 years is generally a felony; OWI with injury/death can also be a felony.
Ignition interlock and license consequences
Ignition interlock is commonly required for restricted driving privileges after OWI.
How a typical Louisiana DUI case unfolds
Louisiana OWI under La. R.S. 14:98 proceeds in criminal court with parallel OMV administrative actions. Defense reviews the stop and Intoxilyzer record.
Related Louisiana guides
- How to file for divorce in Louisiana
- Child custody and parenting time in Louisiana
- Security deposit return in Louisiana
Case law: DUI penalties in Louisiana
State v. Gregory
State v. Gregory, 403 So. 2d 1225 (1981)
…ut of acts alleged to have been committed by a person while driving under the influence of alcoholic beverages, the amount of alcohol in the person's blood at the time alleged as shown by chemical analysis of the person's blood shall give rise to the following presumption: If there was at that time 0.10 per cent or more by weight of alcohol in the person's blood, it shall be pr…
State v. Gregory is worth reading on Louisiana DUI penalties because the court put the point in its own words: "ut of acts alleged to have been committed by a person while driving under the influence of alcoholic beverages, the amount of alcohol in the person's blood at the time alleged as shown by chemical analysis of the person's blood shall give rise to the following presumption: If the" Use that passage as the starting point, then read the facts that precede it.
In Re Deborah Harkins BAER
In Re Deborah Harkins BAER, 2009 La. LEXIS 3255 (2009)
…espondent was arrested by the State Police and charged with driving under the influence of alcohol. One week later, respondent self-reported her arrest to the ODC, indicating that she would be checking herself into a 30-day inpatient recovery program in Texas and that she would return to her employment with the Attorney General’s Office upon her release. Respondent was instruct…
In Re Deborah Harkins BAER is worth reading on Louisiana DUI penalties because the court put the point in its own words: "State Police and charged with driving under the influence of alcohol." Use that passage as the starting point, then read the facts that precede it.
State v. Hines
State v. Hines, 663 So. 2d 199 (1995)
…nt contends there was no evidence adduced of convictions of driving under the influence in Florida in 1983 and 1987. The State contends defendant's criminal activity consists of three (3) prior driving while intoxicated convictions, one in 1983, one in 1987, and one in 1992. Citing State v. Palmer, 448 So.2d 765 (La.App. 2 Cir.), writ denied, 452 So.2d 695 (La.1984), the State…
State v. Hines is worth reading on Louisiana DUI penalties because the court put the point in its own words: "Florida in 1983 and 1987. The State contends defendant's criminal activity consists of three (3) prior driving while intoxicated convictions, one in 1983, one in 1987, and one in 1992. Citing State v. Palmer, 448 So.2d 765 (La.App. 2 Cir.), writ denied, 452 So.2d 695 (La." Use that passage as the starting point, then read the facts that precede it.
State v. Landry
State v. Landry, 804 So. 2d 791 (2001)
…I agree with the majority in that the Relator is guilty of driving under the influence and that he is guilty of driving with an expired inspection tag. The Relator's vehicle is a 1980 Toyota. The applicable statute requiring motorists to wear a seatbelt applies only to vehicles manufactured after January 1981. Thus, because the statute does not apply to him, the Relator was no…
Practitioners open State v. Landry when Louisiana DUI penalties turns on the distinction in this sentence: "I agree with the majority in that the Relator is guilty of driving under the influence and that he is guilty of driving with an expired inspection tag. The Relator's vehicle is a 1980 Toyota." Do not lift it out of the facts the court was deciding.
Henry v. State, Dept. of Public Safety
Henry v. State, Dept. of Public Safety, 788 So. 2d 1286 (2001)
…s decision to place Mr. Henry under arrest for suspicion of driving under the influence of alcohol. The trial judge asked Deputy Clark, "Was he arrested for not doing a field sobriety test?" The deputy responded, "Well, if he would've done a field sobriety test, that would have shown whether he could haveyou know, if he wasn't under the influence, if he could have driven away…
Henry v. State, Dept. of Public Safety is worth reading on Louisiana DUI penalties because the court put the point in its own words: "Mr. Henry under arrest for suspicion of driving under the influence of alcohol. The trial judge asked Deputy Clark, 'Was he arrested for not doing a field sobriety test?" Use that passage as the starting point, then read the facts that precede it.
State v. Nix
State v. Nix, 535 So. 2d 866 (1988)
…ce in the bill of information to defend against a charge of driving under the influence of a combination of drugs and alcohol. SUFFICIENCY OF THE EVIDENCE In examining the sufficiency of the evidence, due process requires that the evidence, when viewed in a light most favorable to the prosecution, must be sufficient for a reasonable trier of fact to conclude that the essential…
On DUI penalties, State v. Nix speaks to the Louisiana dispute in this passage: "ce in the bill of information to defend against a charge of driving under the influence of a combination of drugs and alcohol. SUFFICIENCY OF THE EVIDENCE In examining the sufficiency of the evidence, due process requires that the evidence, when viewed in a light most favorable t" The surrounding opinion shows how the court applied that language to the record.
State v. Ferris
State v. Ferris, 762 So. 2d 601 (2000)
…La.Rev.Stat. 14:98.1, which defines the crime of "underage driving under the influence" as the operating of a motor vehicle when the operator is under the age of twenty-one and has a blood alcohol concentration (BAC) of 0.02 percent or more. The issue on appeal is whether Section 98.1 violates the equal protection guarantee of La. Const. art. I, § 3 against arbitrary discrimin…
State v. Ferris is worth reading on Louisiana DUI penalties because the court put the point in its own words: "La.Rev.Stat. 14:98.1, which defines the crime of 'underage driving under the influence' as the operating of a motor vehicle when the operator is under the age of twenty-one and has a blood alcohol concentration (BAC) of 0.02 percent or more." Use that passage as the starting point, then read the facts that precede it.
Melissa K. LYNCKER, Lissa Anne Lyncker, William Henry Lyncker III and Jacob Ryan Lyncker v. DESIGN ENGINEERING
…. § 9:2798.4, when a driver sustains damages or death while driving under the influence of alcoholic beverages or drugs and over 25% negligent. The plaintiffs opposed summary judgment, arguing that DOTD’s alleged negligence in failing to construct advanced warning systems creates a material issue of fact as to liability, thus precluding summary judgment. The district court gran…
On DUI penalties, Melissa K. LYNCKER, Lissa Anne Lyncker, William Henry Lyncker III and Jacob Ryan Lyncker v. DESIGN ENGINEERING speaks to the Louisiana dispute in this passage: "The plaintiffs opposed summary judgment, arguing that DOTD’s alleged negligence in failing to construct advanced warning systems creates a material issue of fact as to liability, thus precluding summary judgment." The surrounding opinion shows how the court applied that language to the record.
Frequently asked questions
What is the legal BAC limit in Louisiana?
0.08% for adults; 0.04% for commercial drivers; zero-tolerance for drivers under 21
Is a first DUI a felony in Louisiana?
A third OWI within 10 years is generally a felony; OWI with injury/death can also be a felony.
Will I need an ignition interlock device?
Ignition interlock is commonly required for restricted driving privileges after OWI.
This guide covers Louisiana impaired-driving law as of 2026. Sentencing grids, administrative DMV rules, and local diversion programs change — verify the live statute and speak with counsel about your charging document.