Is DWI a Misdemeanor or Felony?

Whether DWI is a misdemeanor or felony depends on the number of prior convictions for DWI within 10 years prior to arrest. The ten year time frame starts from the date the defendant completed probation for the previous offense up to the date of arrest for the new offense.

If the person charged with DWI has one or zero prior DWI convictions, not arrest(s), then the current charge would be a misdemeanor. Misdemeanor DWI includes a sentencing range of up to 6 months in parish jail. Mandatory time may also be included if it is a second offense and/or if the BAC level is .15 or above.

DWI third and fourth offense are felony charges. These charges carry very lengthy prison sentence ranges. DWI third offense carries 1-5 years in prison while DWI fourth offense carries a penalty of 10-30 years in prison.

So, DWI can be a misdemeanor or a felony depending on the number of prior convictions for DWI. The predicate convictions can be from out-of-state. The prosecutor must prove the existence of the predicate.

For more information regarding DWI laws in Louisiana, call the Barkemeyer Law Firm.

This article was written by Louisiana DWI attorney Carl Barkemeyer of Barkemeyer Law Firm.

• Arrested for DWI While Working in Louisiana? What Out-of-State Data Center and Construction Workers Need to Know
• First DWI in Louisiana? The Law Says 10 Days to 6 Months in Jail
• I Think Someone Drugged My Drink. Can That Be a Defense to a DWI?
• 2026 Louisiana DWI Law Changes: What Drivers Need to Know
• Louisiana Repeals Jury Trial Rights for Misdemeanor DWI