Louisiana's first DUI conviction carries mandatory jail time, a license suspension, and fines that start at $300

A first DUI offense in Louisiana is a misdemeanor, not a felony, but the penalties are serious and automatic. You will face at least 10 days in jail (which can sometimes be reduced through work-release or community service), a fine between $300 and $1,000, a license suspension of at least 90 days, and mandatory completion of a substance abuse program. These are not optional — the court must impose them. The exact length of jail time and suspension period depends on your blood alcohol content (BAC) at the time of arrest and whether you refused a breath or blood test.

Louisiana law also requires you to install an ignition interlock device on any vehicle you drive during the suspension period if you want to drive at all. This device prevents your car from starting if it detects alcohol on your breath. You will pay for the installation and monthly monitoring yourself, typically $60 to $100 per month. Additionally, your insurance rates will increase significantly — often doubling or more — and some insurers may drop you entirely.

Key Takeaways

  • A first DUI in Louisiana means mandatory jail time (at least 10 days), a fine of $300 to $1,000, and a license suspension of at least 90 days.
  • Your BAC level and whether you refused the breath or blood test determine the exact penalties within the mandatory ranges.
  • You must complete a substance abuse program and install an ignition interlock device if you want to drive during the suspension.
  • The arrest itself triggers an administrative license suspension separate from any court-ordered suspension, and you have only 30 days to request a hearing to challenge it.

The arrest and the two suspensions that follow

When you are arrested for DUI in Louisiana, two separate suspension processes begin when ready. The first is administrative suspension, which happens through the Louisiana Office of Motor Vehicles, not the court. If your BAC was 0.08 or higher, or if you refused the breath or blood test, your license is suspended right away — you may be able to drive only to work, school, or medical appointments for the first 30 days. After 30 days, you cannot drive at all unless you request a hearing.

You have exactly 30 days from the arrest date to request this hearing in writing. If you miss this important date, the suspension becomes permanent until your criminal case is resolved. The hearing officer will decide whether the officer had reasonable grounds to stop you and whether you were lawfully arrested. This is separate from your criminal case and has its own timeline and rules.

The second suspension comes from the criminal court after conviction. This suspension runs concurrently with the administrative one if you lose the administrative hearing, but the court can impose additional restrictions. If you are convicted, the court suspension lasts at least 90 days for a first offense, though it can be longer depending on your BAC.

Jail time, fines, and the substance abuse program

Louisiana law requires a minimum of 10 days in jail for a first DUI conviction. However, the court can allow you to serve this time through work-release (where you work during the day and return to jail at night) or by performing community service at a rate of one day of service for each day of jail time. Some courts are more flexible with this than others, and your attorney can negotiate with the prosecutor about how you serve the time.

The fine ranges from $300 to $1,000 for a first offense. The exact amount depends on your BAC and the judge's discretion. If your BAC was 0.15 or higher, you face the higher end of the fine range and additional penalties. Court costs and fees for the substance abuse program are separate from the fine and will add several hundred dollars to your total cost.

You must also complete a substance abuse program approved by the Louisiana Department of Health. This is typically an eight-hour or 16-hour program (depending on your BAC) that covers alcohol education and risk assessment. You pay for this program yourself, and you must complete it before your license can be reinstated. The program provider will send proof of completion to the court and the Office of Motor Vehicles.

License reinstatement and the ignition interlock device

After your suspension period ends, you cannot straightforward get your license back. You must first complete the substance abuse program, pay a reinstatement fee to the Office of Motor Vehicles (currently $250), and provide proof that you have installed an ignition interlock device. The device must remain installed for at least six months for a first offense, though the court can order a longer period.

The ignition interlock device is a breathalyzer connected to your vehicle's ignition system. Before the car will start, you must blow into the device. If it detects any alcohol, the engine will not turn over. The device also requires periodic "rolling retests" while you are driving — you will be prompted to provide another breath sample at random intervals. If you fail a retest or tamper with the device, the violation is reported to the court and can result in additional penalties.

You are responsible for all costs: installation (typically $75 to $150), monthly monitoring fees ($60 to $100), and removal when the requirement ends. Some providers offer payment plans. If you cannot afford the device, you cannot legally drive, even with a valid license.

What your criminal record will show

A DUI conviction in Louisiana is a permanent part of your criminal record. Unlike some states, Louisiana does not allow you to have a first DUI conviction expunged (erased from your record) unless the charge was dismissed or you were acquitted. This means the conviction will appear on background checks for employment, housing, professional licensing, and other purposes indefinitely.

However, if you were arrested but the charges were dismissed or you were found not guilty, you can petition to have the arrest record expunged. The process requires filing a motion with the court and, in some cases, proving that you have remained arrest-free for a certain period. An attorney can help you determine whether expungement is possible in your situation.

How BAC level affects your penalties

Your blood alcohol content at the time of arrest determines where within the mandatory ranges your penalties fall. Louisiana law defines three levels of impairment for a first offense:

  • 0.08 to 0.14 BAC: Minimum 10 days jail, $300 to $750 fine, 90-day license suspension, and an eight-hour substance abuse program.
  • 0.15 or higher BAC: Minimum 10 days jail, $750 to $1,000 fine, 90-day license suspension, and a 16-hour substance abuse program. You must also install an ignition interlock device for at least six months.
  • Refused the breath or blood test: Treated as if your BAC was 0.15 or higher, with the same penalties as the highest category.

If you refused the test, the prosecution cannot use a BAC number against you in court, but the refusal itself is admissible evidence and is treated as the most serious first offense. The ignition interlock requirement applies automatically in refusal cases.

Steps to take when ready after arrest

Your first action should be to request the administrative hearing within 30 days of arrest. You can do this by contacting the Louisiana Office of Motor Vehicles or asking your attorney to file the request. Do not wait — missing this important date means losing your right to challenge the administrative suspension.

Second, hire a DUI attorney as soon as possible. An attorney can review the police report, the results of any breath or blood test, and the circumstances of the stop to identify weaknesses in the prosecution's case. They can also negotiate with the prosecutor about reducing charges or penalties, request a continuance to give you time to complete the substance abuse program before trial, and represent you at the administrative hearing.

Third, do not drive without a valid license or ignition interlock device. Driving with a suspended license in Louisiana carries additional criminal charges and can result in jail time and fines on top of your DUI penalties.

Frequently Asked Questions

Can a first DUI be reduced to a lesser charge in Louisiana?

Yes, but it depends on the facts of your case and the prosecutor's willingness to negotiate. An attorney can sometimes negotiate a reduction to reckless driving or a traffic violation if there are problems with the traffic stop, the breath test, or the arrest procedure. However, the prosecutor is not required to offer a reduction, and whether one is available depends on the specific evidence in your case.

What happens if I refuse the breath test?

Refusing the test triggers an automatic administrative license suspension and is treated as the highest level of first offense for criminal penalties. You will face the same jail time and fines as someone with a BAC of 0.15 or higher, plus the ignition interlock requirement. However, without a BAC number, the prosecution's case may be weaker in court, which is why some people choose to refuse — but this is a decision to make with an attorney, not on your own.

Can I get my license back before the suspension period ends?

You can request a hardship license (called a "work permit" in Louisiana) that allows you to drive to work, school, medical appointments, and court-ordered programs during the suspension. You must petition the court for this, and the judge has discretion to grant or deny it. An attorney can file this petition on your behalf and argue why the hardship is necessary.

Will my insurance cover me if I get in an accident during the suspension?

Most insurance policies will not cover accidents if you were driving with a suspended license, even if you had an ignition interlock device installed. This is a major financial risk. You should not drive during the suspension period unless you have a valid hardship license or the suspension has ended and your license has been reinstated.

How long does a DUI stay on my record in Louisiana?

A DUI conviction stays on your criminal record permanently in Louisiana and cannot be expunged. However, it will not affect your driving record after 10 years — the conviction will still be on your criminal record, but the Office of Motor Vehicles will not consider it when calculating insurance rates or determining future DUI penalties after that point.