Louisiana Repeals Jury Trial Rights for Misdemeanor DWI
Under newly enacted House Bill 56 (Act 8), which became effective April 27, 2026, the Louisiana Legislature repealed the portions of the DWI statutes that created a right to jury trial for misdemeanor DWI cases. Specifically, the provisions that allowed for an additional fine of $25-50 has been repealed in 14:98.1(A)(4), 98.2(A)(5), 98.3(A)(4), and 98.4(A)(3). Therefore, the fine is no longer over $1000 which is the determining factor in whether the jury trial right kicks in pursuant to Duncan v. Louisiana. The fine is now no more than $1000 as opposed to over $1000.
How Did We Get Here?
In the 2025 Regular Session, the Louisiana Legislature passed Act No. 194 (effective 6/8/25) which included an additional fine of $25-50 to the penalties for misdemeanor DWI. Before the law passed, the fine for these cases was no more than $1000. Once the new law changed, the fine became $1025 for DWI first offense and $1050 for DWI second offense, both misdemeanors. Because the fine was over $1000, these charges became Duncan misdemeanors which allow for a right to a jury trial.
Impacts of the Law Change
It appears the creation of the jury trial right for misdemeanor DWI was done inadvertently. It was likely an unintended consequence of the Legislature in trying to fund the Louisiana Emergency Response Network Fund as established in R.S. 40:2845. The new $25-50 fine was supposed to be deposited into that Fund.
Sometimes minor actions have great consequences. That is what happened here. Many city courts throughout Louisiana could no longer hear misdemeanor DWIs in their courts. These cases were forwarded to the parish district court where they offer jury trials. For example, Shreveport City Court, City Court of East St. Tammany (Slidell), Sulphur City Court, and many others had to send the misdemeanor DWIs to district court. That is a lot of fines, costs, and probation fees missed out on that could be used to fund salaries and operating expenses.
Going Forward
For misdemeanor DWI arrests occurring on and after April 27, 2026, defendants no longer have a right to jury trial, only a judge trial. Therefore, city courts throughout Louisiana should be able to keep these cases. City courts will now need to implement some changes to revert back to the procedures in place prior to 6/8/25.
This article was written by Louisiana DWI attorney Carl Barkemeyer of Barkemeyer Law Firm. Our firm practices primarily DWI defense throughout Louisiana.
