The Louisiana repeat DWI law taking effect August 1, 2026, increases prison sentences for certain people who drive impaired after a prior conviction involving death or serious injury.
Under Louisiana Act 117, a qualifying fourth or subsequent DWI conviction may carry a sentence of 12 to 30 years in prison without parole, probation, or suspension of sentence.
These enhanced penalties do not apply to every repeat DWI offender. They apply when the person has a qualifying prior conviction, such as vehicular homicide or first-degree vehicular negligent injuring.
Table of Content
- What Is Louisiana Act 117?
- Who Does the Louisiana Repeat DWI Law Apply To?
- What Is the New Penalty for a Second DWI?
- What Is the New Penalty for a Third DWI?
- Can a Fourth DWI Lead to 30 Years in Prison?
- Louisiana Repeat DWI Penalties at a Glance
- Why Did Louisiana Increase These Penalties?
- What Louisiana Alcohol-Related Crash Data Shows
- Does a Criminal DWI Sentence Compensate an Injured Person?
- Can Other Parties Be Responsible for a DWI Crash?
- What Should You Do After a Suspected DWI Crash?
- Frequently Asked Questions
What Is Louisiana Act 117?
House Bill 82 was introduced by Representative Debbie Villio during Louisiana’s 2026 Regular Legislative Session. It was signed into law as Act 117 on May 15, 2026, and takes effect on August 1, 2026.
Act 117 amends portions of Louisiana Revised Statutes 14:98.2, 14:98.3, and 14:98.4. These statutes govern penalties for second, third, and fourth or subsequent DWI offenses.
The law increases penalties when a repeat DWI offender was previously convicted of:
- Vehicular homicide
- Third-degree feticide
- First-degree vehicular negligent injuring
- A substantially equivalent crime under another state’s laws
These are serious offenses involving a death, an unborn child’s death, or severe bodily injury caused by an impaired driver.
Who Does the Louisiana Repeat DWI Law Apply To?
The enhanced penalties apply to a narrow group of repeat offenders.
A person must have a prior conviction for one of the serious crimes listed in Act 117 and then be convicted of another DWI offense.
The law states that the enhanced penalties may apply regardless of whether the later DWI occurred before or after the earlier conviction. How that provision applies to a specific case depends on the facts, timing, charges, and prior record involved.
Act 117 does not mean that every person charged with a second, third, or fourth DWI will automatically receive the enhanced sentences described below.
What Is the New Penalty for a Second DWI?
For a qualifying second-offense DWI, Act 117 provides:
- A $2,000 fine
- Two to five years in prison, with or without hard labor
- At least one year without parole, probation, or suspension of sentence
The mandatory minimum portion generally cannot be served through home incarceration, except as otherwise permitted under Louisiana law.
“Without parole, probation, or suspension of sentence” generally means the required part of the sentence cannot be avoided through probation, suspended by the court, or shortened through ordinary parole eligibility.
Before Act 117, the enhanced minimum for this category was one year. The new law raises it to two years and increases the portion that must be served without sentencing benefits.
What Is the New Penalty for a Third DWI?
A qualifying third-offense DWI will carry:
- A $2,000 fine
- Five to 15 years in prison, with or without hard labor
- At least five years without parole, probation, or suspension of sentence
The mandatory minimum generally cannot be served through home incarceration.
The law also allows the court, upon a district attorney’s motion, to order the vehicle used during the offense to be seized, impounded, and sold at auction as provided by Louisiana law.
Can a Fourth DWI Lead to 30 Years in Prison?
Yes. A qualifying fourth or subsequent DWI conviction may carry:
- A $5,000 fine.
- At least 12 years and up to 30 years in prison.
- No parole, probation, or suspension of sentence for any part of the sentence.
Act 117 also provides that this sentence cannot run at the same time as an unserved portion of a sentence for a qualifying prior conviction. The sentences must instead be served consecutively.
This is one of the law’s most significant changes. Louisiana already allowed up to 30 years for some fourth-offense DWI convictions. Act 117 establishes a higher 12-year minimum and removes sentencing benefits for offenders with one of the qualifying prior convictions.
Louisiana Repeat DWI Penalties at a Glance
| DWI offense | Fine | Prison range | Mandatory restriction |
| Qualifying second offense | $2,000 | 2 to 5 years | At least 1 year without parole, probation, or suspension |
| Qualifying third offense | $2,000 | 5 to 15 years | At least 5 years without parole, probation, or suspension |
| Qualifying fourth or later offense | $5,000 | 12 to 30 years | Entire sentence without parole, probation, or suspension |
These penalties apply only when the offender has a prior conviction identified in Act 117.
Why Did Louisiana Increase These Penalties?
Act 117 focuses on people who continue to drive impaired after an earlier offense caused death or serious injury.
A person convicted of vehicular homicide or first-degree vehicular negligent injuring has already been held responsible for severe harm connected to impaired driving. The new law imposes stronger consequences when that person is later convicted of driving while impaired again.
The goal is not to increase every Louisiana DWI sentence. It is to create stricter penalties for repeat conduct involving offenders with the most serious prior records.
What Louisiana Alcohol-Related Crash Data Shows
Louisiana alcohol-related crash data provides important context for the new law.
In its Louisiana Drunk Driving Accident Statistics [2025 Study], Chris Corzo analyzed publicly available records from the LSU Center for Analytics and Research in Transportation Safety, or CARTS, covering 2020 through 2024.
The study reported the following statewide alcohol-related crash totals:
| Year | Reported alcohol-related crashes |
| 2020 | 10,968 |
| 2021 | 12,604 |
| 2022 | 9,025 |
| 2023 | 5,414 |
| 2024 | 5,182 |
Based on these figures, Louisiana recorded 5,182 alcohol-related crashes in 2024. That was approximately 53% fewer than in 2020 and approximately 59% below the reported 2021 peak.
The study also found that:
- 62% of fatal alcohol-related crashes occurred from Friday through Sunday
- 71% of suspected injuries associated with alcohol-related crashes occurred from Friday through Sunday
- Approximately 60% of fatal alcohol-related crashes occurred in urban areas
- Approximately 40% occurred in rural areas
These findings suggest that alcohol-related crashes remain a statewide concern, particularly on weekends.
East Baton Rouge Recorded the Highest Five-Year Total
The study reported that East Baton Rouge Parish had the highest total number of alcohol-related fatalities from 2020 through 2024.
The five parishes with the highest reported totals were:
| Parish | Reported five-year fatalities |
| East Baton Rouge | 145 |
| Orleans | 76 |
| Caddo | 67 |
| Calcasieu | 63 |
| Jefferson | 63 |
East Baton Rouge Parish reportedly recorded nearly twice as many fatalities as Orleans Parish, the parish with the second-highest total.
The study separately identified St. Helena Parish as having the highest population-adjusted rate. It reported 11 fatalities and a five-year rate of approximately 101 deaths per 100,000 residents.
Total fatalities and population-adjusted rates answer different questions. Total figures show where the largest number of deaths occurred. Population-adjusted rates help compare risk between large and small parishes.
An Important Note About Crash Definitions
Alcohol-related crashes, fatal crashes, and DWI fatalities are not interchangeable measurements.
The Chris Corzo Injury Attorneys study’s figure of 5,182 refers to reported alcohol-related crashes in 2024. It does not mean that 5,182 people died.
The official CARTS 2024 Louisiana Traffic Records Data Report uses a narrower measure for certain DWI deaths. CARTS reported that 161 people died in 2024 crashes involving a driver with a blood alcohol concentration of at least 0.08%.
The two figures measure different outcomes:
- Alcohol-related crashes count reported collisions associated with alcohol.
- Fatal crashes count collisions in which at least one person died.
- Fatalities count the individual people who died.
- BAC-based DWI fatalities count people killed in crashes involving a driver whose BAC met the specified threshold.
These figures should not be combined or compared without explaining their definitions.
CARTS has also explained that Louisiana converted historical records to align them with the newer electronic crash-reporting format. The conversion changed some historical data and definitions, even though it was intended to make comparisons more consistent. Year-to-year trends should therefore be interpreted carefully.
Does a Criminal DWI Sentence Compensate an Injured Person?
No. A criminal sentence punishes the impaired driver, but it does not automatically compensate someone injured in the crash.
A person harmed by an impaired driver may have a separate civil claim for losses such as:
- Medical expenses.
- Lost income.
- Vehicle damage.
- Physical pain.
- Emotional distress.
- Future medical care.
- Reduced ability to work.
- Permanent impairment.
The criminal prosecution and personal injury claim may involve the same crash, but they serve different purposes.
Prosecutors bring the criminal case on behalf of the state. An injured person generally pursues compensation through an insurance claim or civil lawsuit.
A DWI arrest, chemical test, police report, guilty plea, or conviction may become important evidence. However, an arrest alone does not automatically prove every part of a civil injury claim.
Can Other Parties Be Responsible for a DWI Crash?
The impaired driver is often the main person investigated, but other parties may sometimes share responsibility.
Depending on the evidence, a claim may involve:
- The impaired driver.
- The owner of the vehicle.
- An employer whose worker was driving within the course of employment.
- An insurance company providing liability or uninsured motorist coverage.
- Another driver whose conduct contributed to the collision.
- A business or person who may be legally responsible under a specific Louisiana law.
Liability depends on the facts. The existence of a DWI charge does not eliminate the need to investigate the vehicles, insurance policies, witnesses, crash scene, and conduct of everyone involved.
What Should You Do After a Suspected DWI Crash?
Take the following steps when it is safe to do so:
- Call 911. Report the crash and any signs that a driver may be impaired.
- Seek medical care. Some injuries become more noticeable hours or days later.
- Photograph the scene. Capture the vehicles, roadway, traffic signals, debris, skid marks, and visible injuries.
- Collect witness information. Ask for names and contact details.
- Obtain the crash report information. Record the investigating agency and report number.
- Save all records. Keep medical bills, repair estimates, receipts, medication records, and proof of missed work.
- Avoid speculating about fault. Give truthful facts, but do not guess about speed, distance, or injuries.
- Be careful with insurance statements. A recorded statement may later be used to challenge the claim.
- Preserve digital evidence. Save photographs, videos, text messages, location data, and communications about the crash.
- Speak with a Louisiana injury attorney. Legal deadlines and evidence-preservation issues may apply.
Do not attempt to follow or confront a suspected impaired driver. Move to a safe location and provide law enforcement with the vehicle’s location, direction of travel, color, make, model, and license plate when available.
Injured by an Impaired Driver in Louisiana?
Stronger criminal penalties may help hold repeat impaired drivers accountable. They do not automatically pay an injured person’s medical expenses, lost income, or other losses.
Chris Corzo Injury Attorneys represents people injured in car and truck crashes in Baton Rouge, Gonzales, and communities across Louisiana.
Complete our short case evaluation form or call (225) 535-4831 to discuss what happened.
There is no fee unless the firm recovers compensation for you.
Frequently Asked Questions
When does Louisiana Act 117 take effect?
Louisiana Act 117 takes effect on August 1, 2026.
Does every second DWI carry at least two years in prison?
No. The enhanced two-to-five-year sentence applies when the offender has a qualifying prior conviction, such as vehicular homicide, third-degree feticide, or first-degree vehicular negligent injuring.
What is the maximum sentence under the new law?
A qualifying fourth or subsequent DWI conviction may carry up to 30 years in prison.
Can a qualifying fourth-offense driver receive parole?
Act 117 states that no part of the enhanced 12-to-30-year sentence may be imposed with the benefit of parole, probation, or suspension of sentence.
What does “with or without hard labor” mean?
It means the sentence may be served under conditions that include imprisonment at hard labor, depending on the statute and sentence imposed by the court.
How many alcohol-related crashes did Louisiana report in 2024?
The Chris Corzo Injury Attorneys study reported 5,182 alcohol-related crashes in Louisiana during 2024. This represents reported crashes, not deaths.
How many people died in BAC-based DWI crashes in 2024?
The official CARTS report states that 161 people died in Louisiana crashes involving a driver with a BAC of at least 0.08% in 2024.
Can an injured person file a claim while the criminal case is pending?
Potentially, yes. The insurance or civil claim may proceed separately from the criminal prosecution. However, the criminal investigation may affect access to reports, test results, witness statements, and other evidence.
Does a DWI conviction guarantee compensation?
No. A conviction may support an injury claim, but the person seeking compensation must still establish the required legal elements and document the losses caused by the crash.
Methodology Note
Chris Corzo Injury Attorneys reviewed publicly available CARTS records covering 2020 through 2024. The analysis included statewide crash totals, parish-level fatalities, population-adjusted rates, timing, location, age, and gender findings.
Population-adjusted parish rates were calculated using the following formula:
Fatalities ÷ population × 100,000
The five-year analysis used annual fatality and population figures for each parish. National rankings cited in the original study were based on NHTSA alcohol-impaired-driving fatality data available for 2020 through 2023.
Because datasets may define alcohol involvement, fatal crashes, and BAC-confirmed DWI deaths differently, each statistic should be cited according to its original definition.
This article is provided for general educational purposes. It is not legal advice. Laws and legal interpretations may change, and the outcome of any matter depends on its specific facts. Reading this article or contacting the firm does not by itself create an attorney-client relationship.