Louisiana DUI/DWI Laws: Penalties, Court Process, and Records

In Louisiana, the official term used is DWI (Driving While Intoxicated), though DUI is often used interchangeably. Louisiana enforces strict penalties for individuals arrested for DUI or DWI, with escalating consequences for repeat offenders.

What Is a DWI in Louisiana?

Under Section 14.98 of the Louisiana Revised Statutes, DWI is defined as operating a vehicle, aircraft, or watercraft while impaired by alcohol, drugs, or a combination. Drivers, above 21 years of age, may be charged with DWI if their blood alcohol level (BAC) is 0.08% or higher. The police may charge commercial drivers with a BAC of 0.04% or higher for DWI. There is a zero tolerance for individuals under the age of 21 years who are caught driving with 0.02% BAC.

The state also prosecutes drug-related DWIs, including impairment caused by prescription medications, illegal drugs, or other intoxicating substances.

DWI Penalties in Louisiana

Louisiana applies a 10-year look-back period for repeat DWI offenses. There are several penalties for each DUI conviction in Louisiana. These include:

• First DWI Offense (Misdemeanor):
  • Jail time between 10 days and 6 months
  • Fine from $300 to $1,000
  • Probation after staying for at least two days in jail
  • License suspension for 90 days (180 days if BAC is greater than 0.20%)
  • Mandatory substance abuse evaluation and driver improvement program
  • Perform a variety of community service projects 2
  • Possible ignition interlock device (IID)
• Second DWI Offense:
  • Mandatory 48 hours of jail time.
  • In prison from 30 days to 6 months
  • Fine from $750 to $1,000
  • License suspension for one year or two years if BAC is greater than 0.20%.
  • Mandatory IID for reinstatement
  • Substance abuse treatment and community service
• Third DWI Offense:
  • one to five years in prison (minimum one year without parole, probation, or suspension)
  • Fine of $2,000
  • License suspension for two years
  • Psychological evaluation by the Louisiana Department of Health (Office of Behavioral Health
  • IID requirement for reinstatement
  • Seizure and possible sale of the vehicle at an auction
• Fourth or Subsequent DWI:
  • 10 to 30 years in prison with a minimum of two years without parole, probation, or suspension of sentence
  • After serving the mandatory two-year sentence, the sentence may be reduced. Then, the offender may be placed on supervised probation with the Division of Probation and Parole for a period of five years.
  • Fine of $5,000
  • Psychological evaluation of the individual by the Louisiana Department of Health (Office of Behavioral Health
  • Long-term license revocation
  • IID requirement if the license is ever reinstated

There are certain aggravating factors, such as BAC ≥0.20%, driving with minors, or causing injury or death, that may trigger harsher penalties. An individual involved in a DUI crime that leads to drunk driving vehicular homicide may be sentenced to 5 to 30 years in prison. It may also attract a fine between $2,000 and $15,000.

DWI Arrest and Court Process in Louisiana

Certain processes are associated with the prosecution of DUI crimes in Louisiana. Typically, they involve:

• Traffic Stop and Arrest – Sheriffs or police officers stop drivers to conduct field sobriety and chemical tests. If the driver refuses to cooperate with the search, it may result in immediate license suspension under Louisiana’s implied consent law.
• Booking and Charges – The driver is processed, fingerprinted, and charged with DWI.
• Administrative License Suspension – The Louisiana Office of Motor Vehicles(OMV) automatically suspends the licenses of the indicted drivers.
• Arraignment – The charges are read to the defendant, and they enter a plea of guilty or not guilty.
• Pre-Trial Hearings – The defendant may challenge any evidence or testing procedures.
• Trial – If unresolved, the case proceeds to trial.
• Sentencing – If convicted of the crime, penalties may include jail, fines, treatment, IID, and suspension.

How to Search for DWI Records in Louisiana

In Louisiana, individuals may find the blood alcohol concentration (BAC) levels, arrest dates, conviction status, penalties, and license restrictions in a DWI record. These records are public and may be accessed in several ways, including:

• Louisiana Clerks of Court Association: Many parish courts provide online access to DWI case information by name or case number.
• Louisiana Office of Motor Vehicles (OMV): They maintain driving histories, including DWI convictions, suspensions, and IID requirements. Drivers may even request their own records.
• ParishClerkofCourtOffices: They provide certified case records and sentencing documents in person to interested individuals.
• Louisiana State Police (LSP): The Bureau of Criminal Identification, under the LSP, offers criminal history background checks, including those for DUIs, for authorized purposes.
• Third-Party Background Check Services: Some websites or third-party agents may list DWI records, but they are not always reliable.

How Long Does a DWI Stay on Your Record in Louisiana?

DWI convictions in Louisiana have long-term consequences for individuals. They include:

• Criminal Record: A DWI conviction is usually permanent on an individual's criminal record. Louisiana does not allow expungement of DWI convictions that resulted in guilty pleas or verdicts, though dismissals may be expunged.
• Driving Record: A DWI conviction stays on a Louisiana driving record for 10 years, aligning with the look-back period for sentencing enhancements.
• Insurance and Employment: A DWI conviction may raise the insurance rates for a convicted individual. It also leads to difficulties in securing jobs.

Louisiana enforces strict penalties for impaired driving under its DWI laws, with felony charges for fourth and subsequent offenses. The state has a 10-year look-back period, mandatory jail sentences, and permanently records convictions for convicted drivers.

DUI/DWI records are accessible through online portals, parish courts, the Louisiana State Police, and the Office of Motor Vehicles. Convictions remain permanently on criminal records and also for 10 years on driving records. Drivers, employers, and researchers must understand Louisiana’s DWI laws, given the severity of DUI crimes and their long-lasting consequences.