Louisiana Revised Statute 14:98 states the law of DWI. Driving While Intoxicated is defined as operating a motor vehicle when under the influence of alcohol, or controlled dangerous substance drugs, or, when a person’s blood-alcohol content (BAC) is .08 or greater, or

  • When a person is under the influence of a combination of alcohol and a non-controlled dangerous substance, or
  • When a person is under the influence of one or more drugs which are not controlled, and which are obtainable with or without a prescription. Learn more about DWI and drugs.

If the driver of the vehicle has a blood alcohol over .15, or the next level, .20, then penalties are harsher. The penalties for drunk driving are “enhanced,” or made harsher, as one goes from a first to a second, to a third, to a fourth, to a subsequent fourth offense for DWI.

At the third offense level, the DWI becomes a felony, as opposed to a misdemeanor crime, which is what DWI first and second offenses are.