What Are the Four Levels of DWI Offenses in Louisiana?

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Last Modified on Mar 11, 2026

Being charged with driving while intoxicated (DWI) can impact many different aspects of your life. There are different levels of DWI penalties you may face depending on the severity of the incident and any aggravating factors. It’s wise to hire a DWI lawyer to help you navigate your charges. Still, you may want to know: what are the four levels of DWI offenses in Louisiana?

Levels of DWI Charges in Louisiana

There were a total of 753 fatal crashes reported in Louisiana in 2024 alone. It’s estimated that at least 210 of these fatalities were caused by a drunk driver.

Driving while intoxicated (DWI) or driving under the influence (DUI) is a serious crime. In Louisiana, the offense is known as Operating a Vehicle While Intoxicated (OWI). That said, DWI is the term you’re likely going to hear most often.

Impaired drivers increase the odds of a fatal motor vehicle accident by 13 times. That’s why these types of incidents are taken very seriously in Louisiana. If charged, you can expect to face serious DWI penalties.

The details of your sentence depend on the level of your charges. The four levels of DWI charges you may face in Louisiana are:

  • 1st offense. On a first DWI offense, you may be sentenced to prison for anywhere from 10 days to six months. You also may have to pay fines up to $1,000
  • 2nd offense. Operating a vehicle while intoxicated for the second time can result in 30 days to six months in prison and fines up to $1,000.
  • 3rd offense. DWI penalties for a third offense become even more severe, including longer prison sentences and higher fines.
  • 4th offense. If you’re charged with a fourth or subsequent DWI, you can expect to face a felony instead of a misdemeanor. Felony charges come with even harsher DWI penalties.

In addition to your criminal charges, you may have to deal with a civil law case if you cause an accident and injure someone. A Louisiana DWI lawyer can help you understand your charges and work with you on your defense.

DWI in Louisiana

DWI happens in Louisiana due to drivers’ poor decisions. Rural areas tend to report a higher percentage of fatal crashes than urban areas. Additionally, alcohol is more often involved in crashes in rural areas. Like many southern states, Louisiana has many rural roads.

That said, impaired driving can happen anywhere. Louisiana’s DWI laws aim to keep communities at large safe. You can expect a DWI charge to be prosecuted harshly, even if it was a first-time offense. In fact, several new laws were adopted in the state in 2025, including one that strengthens DWI penalties and consequences for refusing to take a breathalyzer.

FAQs

What’s the Difference Between DWI and DUI in Louisiana?

The difference between DWI and DUI in Louisiana is negligible. DWI means driving while intoxicated. DUI means driving under the influence. Technically, DWI refers specifically to drinking alcohol and operating a vehicle, while DUI can refer to being under the influence of drugs, too.

Under Louisiana law, both offenses are charged as operating a vehicle while intoxicated (OWI). Both can result in serious consequences if you are convicted.

Is a DWI a Felony or a Misdemeanor in Louisiana?

A DWI can be a misdemeanor or a felony in Louisiana, depending on the severity of the incident. You can expect to be charged with a misdemeanor for a first, second, and even third DWI offense as long as your case doesn’t involve any aggravating factors.

If you’re involved in an accident, damage property, or injure another party, your charges can be escalated to a felony. A fourth DWI offense is also automatically a felony.

Do I Have to Hire a DWI Lawyer if I’m Facing Charges in Louisiana?

You do not have to hire a DWI lawyer if you’re facing charges in Louisiana. That said, it’s always a good idea to consult with a legal professional to help you navigate your charges and build a solid defense.

Louisiana prosecutes DWI harshly. The more resources you have on your side to support your defensive strategy, the better. Your attorney can advocate for you and help you work toward reduced or even dropped charges.

How Much Does It Cost to Hire a DWI Lawyer in Louisiana?

How much it costs to hire a DWI lawyer in Louisiana can vary from case to case. You can typically expect a Louisiana DWI attorney to charge a flat fee or an hourly rate, depending on their fee structure.

Their level of experience and the complexity of your case are going to determine how much it costs to hire a DWI lawyer in Louisiana. Fortunately, you can usually set up a consultation to discuss your options before you commit.

Hire a DWI Lawyer in Jefferson to Discuss Your Case in More Detail

DWI can occur for a variety of reasons. At The DWI Defense Center, LLC, we understand that your worst moments don’t define who you are. Our skilled attorneys are dedicated to helping you build a solid defense and providing aggressive advocacy.

As the only exclusive DWI practice in Louisiana, you can count on us to use our experience and up-to-date knowledge on DWI cases to help you navigate your charges. We’ve defended Louisianans through thousands of cases over our 30+ years in business. While our past wins don’t guarantee yours, you can rest assured you’re working with a skilled team with a great reputation.

In addition to his extensive legal experience navigating DWI cases, Attorney Troy G. Broussard is certified in Standardized Field Sobriety testing and in the use of the Intoxilyzer, a breath-testing machine used in DWI arrests in Louisiana.

When you want to discuss your case with a legal professional, come visit us to chat with a member of our team. Our office is located in Metairie near the I-10 and I-610 interchange. Reach out to set up a consultation with a trusted attorney today.