Driving While Intoxicated – Know What You’re Facing!

Jail time: Imprisonment for not less than 10 days nor more than 6 months

Fine: Minimum $300.00 — Maximum $1,000.00

Jail Time: Imprisonment for not less than 30 days nor more than 6 months

Fine: Minimum $750.00 — Maximum $1,000.00 At least forty-eight hours of the sentence imposed shall be served without benefit of parole, probation, or suspension of sentence. 

Jail Time: Imprisonment with or without hard labor for not less than 1 year nor more than 5 years

Fine: $2,000.00 At least 1 year of the sentence of imprisonment shall be imposed without benefit of probation, parole, or suspension of sentence, unless the offender is accepted into an approved Drug Court probation program.

Jail Time: Imprisonment with or without hard labor for not less than 10 nor more than 30 years

Fine: $5,000.00

• The offender serves 2 days in jail and participates in a court-approved substance abuse program and driver improvement program; or
• The offender performs 4 days (8-hours) of court-approved community service, at least half of which is a litter abatement or collection program, and participates in a court-approved substance abuse program and driver improvement program

Otherwise, probation and suspended sentence is available, subject to these conditions:

• The offender serves 15 days in jail and participates in a court-approved substance abuse program and driver improvement program; or
• The offender performs 30 days (8-hours) of court-approved community service, at least half of which is a litter abatement or collection program, and participates in a court-approved substance abuse program and driver improvement program.

Otherwise, the remaining sentence may be suspended and the offender placed supervised probation for the balance of the sentence beginning on the date of release from custody, subject to these conditions:

The offender shall participate in 30 days (8-hours) of court-approved community service activities and to submit to and complete either of the following additional mandatory requirements:

• An evaluation by the Department of Health and Hospitals, to determine the nature and extent of the offender’s substance abuse disorder and participate in any treatment plan recommended, including inpatient treatment for a period of not less than 4 weeks followed by outpatient treatment of no more than 12 months
• Participate in substance abuse treatment in an alcohol and drug abuse program provided by an established Drug Court


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In addition, if the 1 year minimum sentence is suspend and offender into an approved drug division probation program, the offender shall also be placed in a home incarceration program for a period of time not less than 6 months and not more than the remainder of the sentence of imprisonment.

Otherwise, the remaining sentence may be suspended and the offender placed on supervised probation of up to 5 years beginning on the date of release from custody, subject to these conditions:

The offender shall participate in 40 days (8-hours) of court-approved community service activities and to submit to and complete either of the following additional mandatory requirements:

• An evaluation by the Department of Health and Hospitals, to determine the nature and extent of the offender’s substance abuse disorder and participate in any treatment plan recommended, including inpatient treatment for a period of not less than 4 weeks followed by outpatient treatment of no more than 12 months
• Participate in substance abuse treatment in an alcohol and drug abuse program provided by an established Drug Court.

In addition if the 2 year minimum sentence is suspend and offender into an approved drug division probation program, the offender shall also be placed in a home incarceration program for a period of time not less than 1 year and not more than the remainder of the sentence of imprisonment.

If the offender’s blood alcohol concentration was of 0.20 grams percent or more, at least 48 hours of the sentence shall be served without the benefit of parole, probation, or suspension of sentence and shall be fined not less than seven hundred $750.00 nor more than $1,000.00

If the offender’s blood alcohol concentration was of 0.20 grams percent or more, at least 96 hours of the sentence shall be served without the benefit of parole, probation, or suspension of sentence and shall be fined $1,000.00 If the arrest for the second offense occurs within 1 year of the commission of the first offense, the offender shall be imprisoned for thirty days without benefit of parole, probation, or suspension of sentence and shall participate in a court-approved substance abuse program and driver improvement program.

When the first offense was for vehicular homicide or first degree vehicular negligent injuring, the offender shall be imprisoned with or without hard labor for not less than 1 year nor more than 5 years, and shall be fined $2,000.00. At least 6 months of the sentence of imprisonment imposed shall be without benefit of probation, parole, or suspension of sentence.

• Electronic monitoring.
• Curfew restrictions.
• Home visitation at least 1 time per month by the Department of Public Safety and Corrections for the first 6 months.

The court shall also require the offender to obtain employment and to participate in a court-approved driver improvement program at his expense. The activities of the offender outside of his home shall be limited to traveling to and from work, church services, Alcoholics Anonymous meetings, or a court-approved driver improvement program.

• Electronic monitoring.
• Curfew restrictions.
• Home visitation at least 1 time per month by the Department of Public Safety and Corrections for the first 6 months.

The court shall also require the offender to obtain employment and to participate in a court-approved driver improvement program at his expense. The activities of the offender outside of his home shall be limited to traveling to and from work, church services, Alcoholics Anonymous meetings, or a court-approved driver improvement program.

A fourth or subsequent offender who has previously been required to participate in substance abuse treatment and home incarceration, the offender shall not be sentenced to substance abuse treatment and home incarceration, but shall be imprisoned at hard labor for not less than 10 nor more than 30 years, and at least 3 years of the sentence shall be imposed without benefit of suspension of sentence, probation, or parole.

If the offender has previously received the benefit of suspension of sentence, probation, or parole as a fourth offender, after serving the mandatory minimum 10 year sentence, no part of the remainder of the sentence may be imposed with benefit of suspension of sentence, probation, or parole, and no portion of the sentence shall be imposed concurrently with the remaining balance of any sentence to be served for a prior conviction for any offense.

If the offender has previously participated in a Drug Court program, the offender shall be imprisoned at hard labor for not less than 10 nor more than 30 years, and at least 3 years of the sentence shall be imposed without benefit of suspension of sentence, probation, or parole.

A restricted license may be obtained if his or her vehicle is equipped with a functioning ignition interlock device which must remain installed and operative during the first twelve-month period of suspension following the date of conviction.

If the offender had a blood alcohol concentration of 0.20 grams percent his driver’s license shall be suspended for 4 years.

The offender may apply for a restricted license to be in effect. A restricted license may be obtained if his or her vehicle is equipped with a functioning ignition interlock device which must remain installed and operative during the first 3 years of the 4 year period of the suspension of his driver’s license.

After one year of suspension of driving privileges, upon proof that vehicles being operated by the offender are equipped with functioning interlock devices, the offender may be issued a restricted driver’s license in order to earn a livelihood and to travel to and from church services, Alcoholics Anonymous meetings, or a court-approved driver improvement program

After one year of suspension of driving privileges, upon proof that vehicles being operated by the offender are equipped with functioning interlock devices, the offender may be issued a restricted driver’s license in order to earn a livelihood and to travel to and from church services, Alcoholics Anonymous meetings, or a court-approved driver improvement program.

• 1 year
• 1 year without benefit of eligibility for a hardship license, if a fatality occurred or a person sustained serious bodily injury as a result of an accident and intoxication is determined to be the contributing factor of the fatality or injury

• 2 years
• 2 years without benefit of eligibility for a hardship 
license, if a fatality occurred or a person sustained 
serious bodily injury as a result of an accident 
and intoxication is determined to be the contributing factor 
of the fatality or serious bodily injury.