A first DWI in Louisiana: what it can result in
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Ten days to six months — suspended only if probation carries forty-eight hours. Louisiana sets the first offence at a fine of $300 to $1,000 and imprisonment of not less than ten days nor more than six months, and then says imposition or execution of that sentence may not be suspended unless the offender is placed on probation with a specific minimum package. That package is where the real first offence lives: forty-eight hours in jail that itself may not be suspended, or in lieu of it no fewer than thirty-two hours of court-approved community service, at least half of which must be litter abatement or collection; a court-approved substance abuse programme, which may begin with an assessment by a licensed clinician; a court-approved driver improvement programme; and an order not to operate a motor vehicle for at least six months of the probation unless every vehicle the person drives is fitted with a functioning ignition interlock. A reading of 0.15 or more raises the floor again under the same section.
Written any number of ways — a 1st offense DWI, DWI 1st, DWI first offense LA, or a first DWI in LA — and the paperwork will use none of them. Louisiana charges it under a section number, and that is what decides the range below.
Grade. Misdemeanor
Confinement. Not less than 10 days nor more than 6 months
Fine. $300 to $1,000
Louisiana Revised Statutes § 14:98.1 · La. Rev. Stat. § 14:98.1(A)(1), (A)(2); § 14:98.5(C); § 32:378.2 · checked 2026-09-06
The device is a separate track
Louisiana runs the interlock through the Office of Motor Vehicles as part of reinstatement after an arrest for operating while intoxicated. Whether you submitted to the chemical test or refused it changes the suspension you are working off, and the device is matched to that period rather than set as a separate sentence.
In Louisiana the interlock term runs Length of suspension and is administered by Louisiana Office of Motor Vehicles (Department of Public Safety and Corrections) — which is why a plea that settles the criminal case does not settle the device. What counts as a violation on it, and what an agency adds to the term, is its own arithmetic: violations and lockouts. Getting it off at the end is a procedure of its own too — removal and waivers.
Source: Louisiana Office of Motor Vehicles (Department of Public Safety and Corrections)
Louisiana DWI questions
Is jail time mandatory for a 1st DWI in Louisiana?
Louisiana sets the first offence at a fine of $300 to $1,000 and imprisonment of not less than ten days nor more than six months, and then says imposition or execution of that sentence may not be suspended unless the offender is placed on probation with a specific minimum package. That package is where the real first offence lives: forty-eight hours in jail that itself may not be suspended, or in lieu of it no fewer than thirty-two hours of court-approved community service, at least half of which must be litter abatement or collection; a court-approved substance abuse programme, which may begin with an assessment by a licensed clinician; a court-approved driver improvement programme; and an order not to operate a motor vehicle for at least six months of the probation unless every vehicle the person drives is fitted with a functioning ignition interlock. A reading of 0.15 or more raises the floor again under the same section.
How likely is jail time for a first DWI in LA?
Start from what the statute forces and what it leaves to the judge. The floor here is not less than 10 days nor more than 6 months. Everything above that floor is argued, and the same conviction can end up served in custody, on work release or as a condition of probation depending on the county and the judge. What no one can promise you is a sentence below the statutory minimum — that is not a question of persuasion.
What is the punishment range for a 1st DWI in Louisiana?
Misdemeanor: not less than 10 days nor more than 6 months, and a fine of $300 to $1,000. The range is set by La. Rev. Stat. § 14:98.1(A)(1), (A)(2); § 14:98.5(C); § 32:378.2, and the figures on this page come from the statute rather than from a summary of it.
Does an interlock come with it in Louisiana?
Louisiana runs the interlock through the Office of Motor Vehicles as part of reinstatement after an arrest for operating while intoxicated. Whether you submitted to the chemical test or refused it changes the suspension you are working off, and the device is matched to that period rather than set as a separate sentence. The device requirement and the criminal penalty are separate tracks: one is handled by the court, the other by Louisiana Office of Motor Vehicles (Department of Public Safety and Corrections).
Other steps in Louisiana: second offense penalties and when it becomes a felony penalties.
All Louisiana DWI rules →Penalties across the states →Louisiana DUI lawyers →Getting the license back →
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