Standard vs. Aggravated DWI in Louisiana: Key Differences, Penalties, and Legal Consequences

Whether it’s your first offense or you’re dealing with more serious allegations, understanding the legal distinction between a Standard DWI and an Aggravated DWI can help you take the right steps to protect your rights, your license, and your future. Not all DWI charges are treated equally. The law differentiates between a Standard DWI and an Aggravated DWI, each carrying different legal implications, penalties, and long-term consequences.

What is a Standard DWI in Louisiana?

In Louisiana, the DWI statute encompasses DWI, DUI, and OWI. They are all considered the same and technically are described as “operating a vehicle while impaired.” Depending on the region where you live, people may refer to DWI as DWI, DUI, or OWI.

A Standard DWI (Driving While Intoxicated) charge in Louisiana typically occurs upon first offense when a driver is operating a vehicle:

With a Blood Alcohol Concentration (BAC) of 0.08% or higher but below 0.15%
While impaired by alcohol, drugs, or a controlled substance—even if their BAC is below 0.08%
With a Blood Alcohol Concentration (BAC) of 0.02% but less than 0.08% if the driver is under the age of 21

First-Time DWI Penalties May Include:

Minimum of 10 days up to 6 months in jail.
- We are often able to negotiate probation in lieu of jail time. Nevertheless, this is strictly up to the judge. The judge can order jail time instead of probation.
Fines ranging from $300 to $1,000
Driver’s license suspension (6 months to 1 year)
Community service (minimum 32 hours regular, 16 hours litter)
Mandatory substance abuse evaluation and treatment
Defense Driving Program
MADD Victim Impact Panel
Possible ignition interlock device (IID) requirement

At Barkemeyer Law Firm, we’ve successfully helped clients reduce or dismiss first-time DWI charges and avoid driver’s license suspensions. This doesn’t happen with every case, since there are many factors involved such as the jurisdiction, judge, prosecutor, facts, and circumstances of the defendant.

What is an Aggravated DWI?

An Aggravated DWI involves one or more circumstances that increase the seriousness of the offense. In Louisiana, this can include:

Multiple prior DWI convictions
- Second offense DWI is a misdemeanor that carries mandatory jail time and 240 hours of community service
- Third offense DWI is a felony that carries up to 5 years in prison with a minimum of 1 year in prison
- There is a 10-year cleansing period that you should be familiar with if you are facing an aggravated DWI based on conviction enhancements. Read more here.
A BAC of 0.15% or higher
- If you take the breathalyzer and blow 0.15% or higher, you could be facing a mandatory 2 days in jail. We always try to avoid this by negotiating with the prosecutor or asking the judge for home incarceration.
- Impact on License: Blowing this high can also result in a driver’s license suspension of 2 years upon first offense.
Causing injury or death while driving under the influence
- Vehicular Negligent Injuring: If you get a DWI and cause injury to another person, you could be facing an additional criminal charge of vehicular negligent injuring. If you’re blood alcohol is 0.15% or higher, you could be facing a mandatory 7 – 30 days in jail.
Having a child passenger in the vehicle
- The Child Endangerment Law provision of the DWI statute aggravates a DWI if a minor child twelve years of age or younger is in the vehicle during the DWI stop.
- Upon first offense DWI conviction, the statute provides that 30 days in jail must be ordered under this provision.
Driving while license is already suspended or revoked
- If convicted, the driver must be imprisoned for not less than 15 days nor more than 6 months in jail
- If another driver or passenger receives serious bodily injury, the defendant is looking at 90 days to one year in jail
A BAC of 0.08% or higher if the defendant is under the age of 21. The Underage DWI then becomes an adult DWI in which the defendant is subject to the sentencing ranges for regular adult DWI. Also, the DWI conviction would count to enhance DWIs in the future since it is an adult DWI.

These cases often result in felony charges, which carry much harsher penalties and long-term consequences.

Penalties for Aggravated DWI in Louisiana

The penalties for an aggravated offense depend on the exact circumstances but may include:

Felony conviction
- 1-5 years years in prison for DWI Third Offense
- 10-30 years in prison for DWI Fourth Offense
Mandatory jail or prison time applicable to:
- Child Endangerment provision
- Blowing .15% or above on the breathalyzer
Fines up to $5,000
Long-term or permanent license suspension
- 2-4 year suspension
- Permanent disqualification of CDL license
Vehicle seizure
Mandatory substance abuse programs
Ignition interlock installation for an extended period

In the most serious cases, such as vehicular homicide, you could face decades in prison.

The Long-Term Impact of a DWI Conviction

Whether standard or aggravated, a DWI conviction can follow you long after court is over:

A permanent criminal record
Difficulty securing employment, housing, or loans
Loss of professional or commercial driving licenses
Increased insurance premiums
Immigration issues (for non-citizens)

This is why it’s critical to have a dedicated DWI defense attorney on your side.

How Barkemeyer Law Firm Can Help

Attorney Carl Barkemeyer has built a strong reputation throughout Louisiana for aggressively defending clients against DWI charges. With years of experience and a deep understanding of local DWI laws, our firm can:

Challenge the traffic stop and chemical test results
Negotiate for reduced charges or alternative sentencing
File and argue at the DMV License Hearing to protect your driving privileges
Provide experienced advice regarding your professional license whether you are a nurse, physician, accountant, engineer, contractor, teacher, or any other
Help you avoid jail time and protect your criminal record

Charged with DWI in Louisiana? Call Barkemeyer Law Firm Today

Whether you’re facing a first-time DWI or a more serious aggravated DWI, time is critical. Let us fight for the best possible outcome in your case. DWI defense is all we do at this firm. Contact us to discuss the next steps.

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

Carl Barkemeyer wrote the published book on DWI: Practical Information for the Accused and Attorneys in Louisiana. He regularly gives lectures and advice to other attorneys regarding how to successfully defend clients for DWI.