Louisiana DUI Laws

Most states have implied consent laws in conjunction with their DUI laws. In Louisiana, the implied consent law goes into affect the minute you drive a motorized vehicle on Louisiana Roads. In Louisiana, the implied consent law is in effect for any person or persons, resident or nonresident, who operates a motorized vehicle in Louisiana. You automatically forfeit the right to refuse a blood, urine, or breathe test for alcohol or other controlled substances while in control of a motorized vehicle when you drive in Louisiana. Refusal to submit to a chemical blood, urine or breath test will result in the same fines and penalties as a DUI conviction. You could face the mandatory revocation of your driver’s license for 6 months. The second refusal for chemical testing will result in the loss of your license for 545 days or approximately 18 months.

Louisiana puts individuals arrested for DUI through two court procedures. Offenders will be tried in a criminal case and a separate DUI driver’s license case. The criminal case will deal with jail time to be served, mandatory alcohol education classes, fines, mandatory Ignition Interlock Device. The administrative procedures will deal with driver’s license suspension. A DUI in Louisiana is considered a crime and will remain on your record.



Anyone who has blood alcohol content (BAC) of .08% or above is will receive a DUI in the state of Louisiana. Since Louisiana uses the Per Se law, there is no other proof needed to convict you for a DUI. Under age drinkers fall under the zero tolerance law. Anyone under the age or 21 will be charge with a DUI if their BAC is above 0.0%, for example, 0.01% to 0.02%. Over the counter cough medicine taken in the recommended dosage can put you over this limit.

A BAC of .15% or more puts you into the enhanced penalties. This means the fines and penalties will double. These penalties may include more jail time and more severe driver’s license suspensions. DUI penalties will also be increased when an accident occurs which involves injuries or deaths due to drunk driving.

Repetitive DUI’s will result in harsher fines and penalties. Administrative License suspension or revocation is the loss of your license when the BAC is above state set limits or if you refuse to take any of the chemical tests for intoxication. The Department of Motor Vehicles will be responsible for the loss of license separate from the criminal trial. A second penalty may involve Mandatory Alcohol Education or treatment. You will be required to complete a program as part of your probation or suspended sentence. You may loose your vehicle either permanently or for a specified length of time. You may also be required to put the Ignition Interlock Device (IID) on your vehicle at your own expense. This device will not allow you to operate your car with more than minimal alcohol content (.02) on your breath.



The first DUI (DWI) conviction will result in up to 6 months of jail time and a fine of $1,000.00. Your license will be suspended for 90 days. If you are under 21, your license will be suspended for 6 months.

The second DUI (DWI) conviction will result in a mandatory 48 hours up to 6 months in jail. Your fine will be $1,000.00 and your license will be suspended for 1 year.

The third DUI (DWI) conviction will be classed as a felony and will result in a mandatory 45 days in jail with the possibility of a 5 year sentence. Your fines will increase to $5,000.00 and your license will be revoked for 2 years. You will be treated as an inpatient in a substance abuse treatment program for 6 weeks. In addition, you will be assigned 30 days of community service and serve the remainder of your sentence incarcerated in your home.

The fourth DUI (DWI) will also be viewed as a felony and you will serve a mandatory jail term of 75 days to 30 years. The fines will remain at $5,000.00 and your license will be suspended for 2 years. Your vehicle may be confiscated and sold. You will be treated as an inpatient in a substance abuse treatment program for 6 weeks. In addition, you will be assigned 40 days of community service and serve the remainder of your sentence incarcerated in your home.