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Louisiana Ignition Interlock Requirements

In an effort to help you understand a little more about the Louisiana laws, rules, and regulations as they apply to igntion interlock and DWI, we have compiled this list of links, with a short description.

If you are stopped for DWI, you can expect:

  1. To be requested to participate in a Standardized Field Sobriety Test (SFST), and
  2. To provide a breath alcohol sample or a blood sample for testing purposes.

If you perform poorly on the tests above, or refuse to take the test, you may be arrested on suspicion of DWI (LAS R.S. 14:98). At the time of arrest, you can expect:

  1. To surrender your driver’s license to the arresting officer and receive a temporary receipt authorizing you to continue to drive for 30 days (LAS R.S. 32:667A),
  2. To be informed that you have 15 days to submit a written request to the Department of Public Safety and Corrections for an Administrative Hearing about your driver’s license,
  3. To be booked and be required to post bail to be released from jail,
    1. If this is a 2nd or subsequent DWI offense, the judge is required to order an ignition interlock as a condition of bail and it must remain on your vehicle until your criminal case is resolved (LAS C.Cr. P. Art. 336.2).
    2. If you have a prior DWI conviction, or you are charged with Vehicular Homicide, you may not be released from jail on your own recognizance or the signature of another person (LAS C.Cr.P. Art. 334.4).
  4. If you fail to request an administrative hearing, your driver’s license will automatically be suspended as follows according to LAS R.S. 32:667B:

    Offense at Time of Arrest Suspension Period Immediately Eligible for Hardship License (Ignition Interlock Required) Ignition Interlock Required for a Period of
    1st DWI (over 21 Submit/Fail Test) 90 days (BAC.08-.19)2 years (BAC.20 or >) Yes 90 days (BAC .08-.19) 1 year (.20 or >)
    1st DWI (under 21 Submit/Fail Test) 180 days (BAC .02-.079) Yes 180 days
    2nd or Subsequent DWI (within 5 years of 1st) 1 year (BAC .08-.19) 4 years (BAC .20 or >) Yes 1 year (BAC .08-.19) 3 years (BAC .20 or >)
    Refusal of DWI Test 1 year (1st refusal)
    2 years (2nd refusal)
    (3rd or subsequent refusal results in fine/jail time and no hardship eligibility)
    Yes
    (No eligibility for hardship in any case with a fatality)
    1 year (1st refusal)
    2 years (2nd refusal)
  5. If you drive illegally while your license is suspended related to a DWI, you may be arrested under LAS R.S. 14:98.3. If this occurs, you can expect:
    1. To serve a minimum 15 days and a maximum of 6 months in jail without benefit of suspension of imposition or execution of sentence, or
    2. If the prior charge that caused the suspension is vehicular homicide, manslaughter or negligent homicide, the minimum mandatory sentence increases to 6 months in jail.

If you are convicted of a DWI (or related) offense, you can expect the following: (LAS R.S. 14.98 & LAS R.S. 32:414):

Please note this is not an all-inclusive list of penalties and judges have a wide range of discretion in sentencing. For more information, see LAS R.S. 14:98, LAS R.S. 32:414, LAS R.S. 15:306

Convicted of: Fines Jail Time Driver’s License Suspension Period Eligibility for an Ignition Interlock Restricted Driver’s License During Suspension Other Penalties or Conditions of Probation
1st Offense DWI (BAC .08-.19) $300 – $1,000 10 days to 6 months Minimum Mandatory: 48 hours (BAC .15 or >) 10 days (if child 12 or under is present in vehicle) 1 year Yes Community Service Driver Improvement Program Substance Abuse Program
1st Offense DWI (BAC .20 or >) $750 – $1,000 Min. 48 hours mandatory 2 years Yes; required for a minimum of 1 year of the suspension Community Service Driver Improvement Program Substance Abuse Program
2nd Offense DWI (BAC .08-.19) $750 -$1,000 30 days to 6 months
Minimum Mandatory:
48 hours (all)
96 hours (BAC .15 or >)
30 days (if 2nd occurs within 1 year of 1st offense OR if a child 12 or under is present in vehicle)
2 years Yes after 45 days of suspension Ignition Interlock Device required on vehicle Community Service Driver Improvement Program Substance Abuse Program
2nd Offense DWI (BAC .20 or >) $1,000 Min. 96 hours mandatory 4 years Yes after 45 days of suspension; required for a minimum of 3 years of the suspension Ignition Interlock Device required on vehicle Community Service Driver Improvement Program Substance Abuse Program
3rd Offense DWI $2,000 1 year to 5 years

Minimum Mandatory:
1 year (all)
1 year (if a child 12 or under is present in vehicle)

6 months home incarceration required during probation/parole
3 years Yes after 1 year of suspension If enrolled in DWI Court Program-yes after 45 days of suspension Home Incarceration Possible vehicle confiscation Evaluation & Substance Abuse Tx Ignition Interlock Device required Community Service Driver Improvement Program on vehicle Driver Improvement Program
4th Offense DWI (and subsequent offenses after the 4th) $5,000 10 years to 30 years

Minimum Mandatory: 2 years (all)
2 years (if a child 12 or under is present in vehicle)
3 years (if Sub. Abuse Treatment & home incarceration were done on 3rd offense)
10 years (if as a 4th offender previously received benefit of suspension of sentence, probation or parole.)
Same as 3rd offense Same as 3rd offense Home Incarceration Possible vehicle confiscation Evaluation & Substance Abuse Tx Ignition Interlock Device required Community Service Driver Improvement Program on vehicle Driver Improvement Program
Unlawful Refusal to Submit to Chemical Test $300 – $1,000 10 days to 6 months 1 year (1st)
2 years (2nd)
Yes
Yes
Community Service Driver Improvement Program Substance Abuse Program
Underage Driving Under the Influence (BAC .02-.07) 1st Offense $100 - $250 none 1 year n/a Driver Improvement Program Substance Abuse Program
Underage Driving Under the Influence (BAC .02-.07) 2nd Offense $100 - $250 10 days to 3 months 2 years n/a Driver Improvement Program Substance Abuse Program

Other general notes about penalties/ conditions of probation:

  • Jail time may be suspended if certain conditions are met. Terms designated above as minimum mandatory must be served without benefit of parole, probation or suspension of sentence.
  • Minimum mandatory jail times are higher on subsequent offenses when the initial offense was vehicular homicide or vehicular negligent injuring.

If you are required to have an ignition interlock, you are subject to arrest, imprisonment up to 6 months and/or a fine up to $500 if any of the following events occur (LAS R.S. 14:334):

  1. You operate, lease, or borrow a vehicle that is not equipped with a functioning ignition interlock device.
  2. You request or solicit any other person to blow into your ignition interlock device. The person who blows into your ignition interlock device is also subject to the penalties of (LAS R.S. 14:334)
  3. You request or solicit any other person to start your vehicle equipped with an ignition interlock for the purpose of providing you an operable vehicle. The person who starts your vehicle is also subject to the penalties of (LAS R.S. 14:334)
  4. You tamper with your ignition interlock, intentionally attempt to defeat the device, or circumvent the operation of the ignition interlock device.

Any person who complies with your requests outlined in number 2 and 3 above is subject to arrest and up to 6 months imprisonment and/or a fine up to $500.

For the most recent and accurate information please visit: http://www.legis.louisiana.gov/