First DWI in Louisiana? The Law Says 10 Days to 6 Months in Jail
A lot of people think you can’t go to jail for a first DWI in Louisiana. That’s not what the law actually says. If you are convicted of a first-offense DWI, the law says the sentence is 10 days to six months in jail. Yes, the minimum sentence starts at 10 days. But that does not mean everyone convicted of a first DWI actually spends 10 days in jail.
A first-offense DWI conviction in Louisiana carries a jail sentence of 10 days to six months. However, that does not mean every person convicted of a first DWI spends at least 10 days in jail. Louisiana law allows the judge to suspend the sentence and place the person on probation if certain requirements are met.
The Judge Can Put You on Probation But Doesn’t Have To
This is where a lot of the confusion comes from. Someone gets a first DWI, goes to court, gets probation and doesn’t spend 10 days sitting in jail. Later, they tell their friends, “There’s no jail time for a first DWI.”
That’s not really true. There is jail time in the law. The sentencing range starts at 10 days. The judge is allowed to suspend the sentence and put the person on probation. That’s a big difference.
Louisiana Revised Statute 14:98.1 provides that a person convicted of first-offense DWI shall be imprisoned for not less than 10 days nor more than six months. The statute then explains when that sentence may be suspended through probation.
Some judges in Louisiana have a policy of mandatory jail time for first-offense DWI even if you blow under .15 BAC. I’ve even seen a judge order 30 days in jail on a first-offense DWI.
You have to remember that judges are people too. They get influenced by life experiences that shape their view of DWI cases. Judges that order jail time for DWI first offense may have had a bad history with DWI. For instance, they may have a friend or family member who was killed by a drunk-driver, they may have had a defendant in court that got probation and later killed someone while driving drunk again, or any other reason.
What If You Blew Under .15?
I hear this one a lot too. Someone will tell me, “But I wasn’t over .15.” They assume that means the possibility of jail doesn’t apply to them.
That’s not how it works. The .15 number matters for other parts of Louisiana DWI law, but a first DWI with an alcohol level below .15 still carries the basic 10-day-to-six-month jail range.
Being under .15 doesn’t mean there is no possible jail sentence. It simply means the mandatory 2 jails in jail may not apply. If you blow .15 BAC or above, the judge MUST order two days in jail, unless we can get the judge and prosecutor to agree otherwise.
Does This Mean I’m Going to Jail for 10 Days?
No. That’s not what I’m saying.
There is a big difference between saying “Louisiana law provides a minimum 10-day jail sentence” and saying “You are going to spend 10 days in jail.” Those are not the same thing.
The law allows the judge to suspend the sentence and order probation. It is strictly up to the judge. Louisiana has some of the toughest DWI laws in the country. The judges must apply these laws as they are written by the Louisiana Legislature. Then, consider the mind of the particular judge and know they all think differently. You just need to be aware of what could happen.
It’s Still a First DWI
I don’t want people reading this and thinking that a first DWI automatically means they’re headed to jail. In some cases, probation is available.
But I also don’t think people should shrug off a first DWI because somebody told them, “It’s your first one. Nothing is going to happen.” That’s not good advice either.
A first DWI is still a criminal charge. There can be fines, probation, community service, classes, ignition interlock requirements and driver’s license suspensions. And, yes, Louisiana law includes jail time.
What I Tell My Clients
Don’t panic when you see 10 days to six months in the statute, but don’t ignore it either. The better thing to do is figure out what you’re actually facing in your particular case.
I’ve handled DWI cases in Louisiana for more than 20 years. One thing I’ve learned is that what happened to your friend, neighbor or coworker doesn’t tell me what will happen to you. Two people can both be charged with a first DWI and still have very different cases.
I look at the facts, the prosector, the judge, the evidence and the person’s situation. Then I can explain what we’re actually dealing with and what we can do about it. That’s a lot more useful than somebody simply telling you, “Don’t worry. It’s only your first DWI.”
FAQs
Do you have to go to jail for a first DWI in Louisiana?
Not necessarily. Louisiana law provides a sentence of 10 days to six months, but the judge can suspend the sentence and place the person on probation if the statutory requirements are met.
What is the minimum jail sentence for a first DWI in Louisiana?
The statutory minimum is 10 days. However, Louisiana law allows the sentence to be suspended under certain conditions.
Can you get probation for a first DWI in Louisiana?
Yes. Louisiana law allows probation for a first-offense DWI, subject to minimum conditions established by the statute.
Do you have to spend 48 hours in jail for a first DWI in Louisiana?
Not necessarily. For the basic first-offense provision you gave me, the statute provides an alternative of at least 32 hours of court-approved community service in lieu of the 48 hours. It also depends on your BAC and if there was an accident.
What if my BAC was under .15?
A BAC below .15 does not eliminate the basic 10-day-to-six-month sentencing range for a first-offense DWI.
About the Author
Carl Barkemeyer is a Louisiana DWI defense attorney with more than 20 years of criminal-defense experience. He has represented hundreds of people charged with DWI throughout Louisiana and is the author of DWI: Practical Information for the Accused and Attorneys in Louisiana. His practice focuses on Louisiana DWI defense and the driver’s-license consequences of DWI arrests.
