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In Louisiana, the legal classification of a DWI — whether it is considered a felony or misdemeanor — depends on the circumstances of the offense and the individual’s history of prior violations. While many DWI offenses in the state are initially charged as misdemeanors, certain aggravating factors or repeat offenses can escalate a DWI into a felony.
Understanding this distinction is important. The classification affects everything from potential jail time and fines to the long-term consequences on a person’s record, employment opportunities, and driving privileges. Louisiana has clearly defined legal thresholds for how DWI cases are charged and prosecuted, and these thresholds are enforced consistently across the state.
This article provides a clear overview of when a DWI in Louisiana is treated as a misdemeanor, when it becomes a felony, and how the classification influences arrest procedures, court outcomes, and penalties.
First and Second DWI Offenses Are Misdemeanors
In Louisiana, a first-time DWI offense is typically classified as a misdemeanor. Even though it’s a criminal charge, the penalties are relatively moderate compared to felony charges. A first offense may include:
- Jail time ranging from 10 days to 6 months
- Fines between $300 and $1,000
- License suspension through administrative action
- Probation, substance abuse classes, and community service
The second DWI offense within a 10-year period is also a misdemeanor under Louisiana law. However, the penalties increase significantly:
- Mandatory minimum jail time of 48 hours, up to 6 months
- Fines up to $1,000
- Longer license suspensions and higher insurance requirements
- Mandatory participation in rehabilitation programs
Although both of these offenses are misdemeanors, they still carry long-term consequences. A conviction creates a permanent criminal record and is considered in any future DWI cases.
A Third DWI Is a Felony in Louisiana
A third DWI offense within 10 years is automatically charged as a felony in Louisiana. This reflects the state’s policy of escalating penalties for repeat offenders. Felony charges bring much harsher consequences and less judicial discretion.
Felony DWI penalties for a third offense include:
- Mandatory minimum of 1 year in prison, with a sentence ranging up to 5 years
- Fines up to $2,000
- Extended license suspension (typically 3 years or more)
- Mandatory ignition interlock device
- Court-ordered substance abuse treatment
- Vehicle seizure and forfeiture in some cases
Once a DWI reaches felony status, the legal process becomes much more serious. Offenders may be ineligible for certain plea deals, and the long-term implications can affect housing, employment, and civil rights.
A Fourth or Subsequent DWI Is Also a Felony
A fourth DWI and any additional offenses beyond that are also felonies in Louisiana, with even stricter sentencing rules and longer incarceration periods. These cases are often handled in special divisions of criminal court due to their severity.
Key penalties for a fourth or subsequent felony DWI may include:
- Minimum of 10 years in prison, with a sentence ranging up to 30 years
- Fines exceeding $5,000
- Permanent revocation of driving privileges in some cases
- Electronic monitoring or parole restrictions upon release
- Seizure of personal property, including vehicles
Fourth-time offenses are considered extremely serious under Louisiana law. Courts may also treat the case as habitual offender status, resulting in enhanced sentencing under the state’s criminal code.
Aggravating Factors That Can Elevate a Misdemeanor to a Felony
In some situations, a DWI that would typically be a misdemeanor can be elevated to a felony due to aggravating factors. These include:
- Causing serious bodily injury or death while driving under the influence
- Child endangerment, such as having a passenger under the age of 12
- Involvement in a hit-and-run accident
- Driving with a suspended license during the DWI arrest
- Multiple offenses in close succession, even if not technically within 10 years
If a DWI results in serious injury or a fatal crash, the driver may face charges such as vehicular negligent injuring or vehicular homicide, both of which are felonies and carry prison terms ranging from several years to decades.
These cases are treated separately from basic DWI charges and may involve additional charges under Louisiana’s criminal code.
Criminal vs Administrative Classifications and Penalties
It’s important to distinguish between the criminal classification of a DWI and the administrative penalties imposed by the Louisiana Department of Public Safety. While the criminal charge determines whether the DWI is a misdemeanor or felony, the administrative track involves:
- License suspension or revocation
- Ignition interlock device mandates
- SR-22 insurance requirements
- Hardship license restrictions
Administrative actions apply automatically after a DWI arrest, and they are enforced regardless of conviction. A person can lose their license through the administrative process even if they are not convicted in criminal court.
These administrative penalties do not carry a criminal classification but have real impacts on a person’s daily life, especially when driving is essential for employment or family care.
What a Felony Conviction Means in the Long Term
Being convicted of a felony DWI in Louisiana carries permanent and far-reaching consequences. Beyond the jail time and fines, felony convictions result in:
- Loss of the right to vote (during incarceration)
- Ineligibility for certain jobs, particularly in government or security
- Difficulty securing housing or loans due to background checks
- Inability to own or possess firearms
- Extended supervision after release, such as parole or electronic monitoring
- Longer mandatory insurance rates and driving restrictions
Felony DWI convictions cannot be easily expunged or sealed under Louisiana law. Once entered into public record, the conviction remains visible to employers, licensing boards, and law enforcement indefinitely.
The move from misdemeanor to felony status changes not only the legal process but also the social and economic outcomes for the individual.
Repeat Offense Timeline: How the 10-Year Rule Works
Louisiana’s DWI law uses a 10-year lookback period to determine whether an offense is considered a first, second, third, or subsequent violation. This period begins from the date of the previous conviction.
For example:
- If a person had a DWI conviction 12 years ago, a new offense may be treated as a first offense again.
- If the previous DWI was 5 years ago, the new offense would count as a second.
- All convictions within the past 10 years are counted for escalation purposes.
This rule means that time matters. The longer the gap between convictions, the more likely a person is to avoid enhanced penalties. However, courts and prosecutors still review full criminal histories when making sentencing decisions.
FAQ: Felony vs Misdemeanor DWI in Louisiana
Is a first-time DWI in Louisiana a felony?
No. A first DWI is a misdemeanor unless it involves serious injury or death.
When does a DWI become a felony in Louisiana?
A DWI becomes a felony starting with the third offense within a 10-year period.
Are there exceptions to the 10-year rule?
No. The 10-year lookback is applied strictly to prior convictions for determining escalation.
Can a DWI with a child in the car be a felony?
Possibly. If child endangerment is charged, it may elevate the offense, especially with other aggravating factors.
Can you get a felony DWI for refusing a test?
Not by itself. Refusal affects administrative penalties but doesn’t automatically result in felony charges.
Can a felony DWI ever be reduced to a misdemeanor?
Generally no. Once charged as a felony (e.g., third offense or more), Louisiana law restricts reduction to a lesser charge.
What’s the penalty for a fourth DWI in Louisiana?
It’s a felony with a minimum of 10 years in prison and other severe consequences like vehicle forfeiture.
Conclusion
In Louisiana, a DWI can be either a misdemeanor or a felony depending on the number of prior offenses and whether aggravating factors are involved. First and second offenses are typically misdemeanors, though they still carry serious penalties. A third DWI is always charged as a felony, and subsequent offenses bring even more severe consequences. Additional felony charges may also arise if the DWI results in injury, death, or child endangerment.
To understand how these classifications influence arrests and long-term penalties, visit the State-by-State DWI Laws page. For further clarity on how Louisiana’s legal structure affects DWI enforcement, check out How State DWI Laws Affect Arrests and Penalties.