A second DWI in Louisiana
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Thirty days minimum, forty-eight hours of it beyond any relief. On a second conviction Louisiana raises the term to not less than thirty days nor more than six months and the fine to $750 to $1,000, and it does not care about the order of events — the statute applies regardless of whether the second offence occurred before or after the first conviction. Forty-eight hours of the sentence must be served without benefit of parole, probation or suspension of sentence. The rest may be suspended only on probation whose minimum conditions include either fifteen days in jail, again without parole, probation or suspension, or 240 hours of court-approved community service with at least half of it litter abatement or collection. Any jail imposed as that probation condition runs in addition to the sentence itself, subject to a total cap of six months including any time served for default on a fine. A court-approved substance abuse programme is part of the same minimum package.
Written any number of ways — a 2nd DWI, a DWI 2nd, a 2nd offense DWI, or a second 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 30 days nor more than 6 months
Fine. $750 to $1,000
Louisiana Revised Statutes § 14:98.2 · La. Rev. Stat. § 14:98.2(A)(1) · 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 there a 2nd DWI in Louisiana with no jail time?
On a second conviction Louisiana raises the term to not less than thirty days nor more than six months and the fine to $750 to $1,000, and it does not care about the order of events — the statute applies regardless of whether the second offence occurred before or after the first conviction. Forty-eight hours of the sentence must be served without benefit of parole, probation or suspension of sentence. The rest may be suspended only on probation whose minimum conditions include either fifteen days in jail, again without parole, probation or suspension, or 240 hours of court-approved community service with at least half of it litter abatement or collection. Any jail imposed as that probation condition runs in addition to the sentence itself, subject to a total cap of six months including any time served for default on a fine. A court-approved substance abuse programme is part of the same minimum package.
How likely is jail time for a second DWI in LA?
Start from what the statute forces and what it leaves to the judge. The floor here is not less than 30 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 2nd DWI in Louisiana?
Misdemeanor: not less than 30 days nor more than 6 months, and a fine of $750 to $1,000. The range is set by La. Rev. Stat. § 14:98.2(A)(1), 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: first 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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