Damico & Stockstill, Attorneys at Law

80 Years Of Combined Trial Experience

Penalties for OWI in Louisiana

On Behalf of | Aug 26, 2020 | Drunk Driving |

Operating a vehicle under the influence of drugs or alcohol results in serious legal penalties. Louisiana imposes these charges for blood alcohol content above 0.08% while behind the wheel.

Review the state statute for OWI/DWI before facing a court date for this offense. The law uses the term “operating while intoxicated” — or OWI — but most people know the charge as “DWI” or “DUI.”

First-time OWI

Drivers who have no prior OWI convictions in the past decade could receive:

  • $300 to $1,000 in fines
  • At least 10 days and up to six months in jail
  • Probation with an ignition interlock device in lieu of jail time at the judge’s discretion
  • 90-day license suspension with possible hardship license

Drivers who receive probation must complete a driving education program, a drug and alcohol treatment program, and community service hours.

Second OWI

A conviction for the second OWI in the same 10-year period carries:

  • $750 to $1,000 in fines
  • At least 30 days and up to six months in jail
  • Probation with an ignition interlock device in lieu of jail time
  • One-year license suspension with no available hardship license

Third OWI

A subsequent OWI conviction in the same decade is a felony in Louisiana. A convicted person will receive:

  • $3,000 in fines
  • At least one and up to five years in jail
  • Required ignition interlock device
  • Possible seizure and sale of his or her registered vehicle

Certain OWI charges carry elevated penalties. For example, drivers receive a mandatory minimum jail sentence without the option for probation for BAC above 0.15%. Severe penalties also apply to OWI with a minor passenger and refusal to take a sobriety test at the scene of arrest.

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