Implied consent and DWI penalties

Key points

1. By driving on Louisiana highways, you consent to testing of your blood alcohol and for illegal drugs.

   Source: Handbook p. 126

   “when you drive a motor vehicle upon the highways of this state, you are deemed to have given your consent to a test”
   Louisiana Class D and E Driver's Guide, Handbook p. 126

2. Refusing the test suspends your privileges 365 days for a first offense and 730 days after that.

   Source: Handbook p. 126

   “If you refuse to submit to the test, your driving privileges will be suspended for 365 days on your first offense. If it is a second or subsequent offense, your driving privileges will be suspended for 730 days.”
   Louisiana Class D and E Driver's Guide, Handbook p. 126

3. You must also maintain an SR-22 for three years from the date of conviction.

   Source: Handbook p. 126

   “You will be required by law to maintain an SR-22 for three (3) years from the date of conviction.”
   Louisiana Class D and E Driver's Guide, Handbook p. 126

4. A test of 0.08% to 0.149% brings a 180 day suspension. 0.15% or more brings two years (730 days).

   Source: Handbook p. 126

   “the test results show a BAC level of 0.08% to 0.149%, your driving privileges will be suspended for 180 days. If your BAC level is 0.15% or greater, your driving privileges will be suspended for two years (730 day).”
   Louisiana Class D and E Driver's Guide, Handbook p. 126

5. First DWI maximum: six months in jail, a $1,025 fine and loss of license for 1 year.

   Source: Handbook p. 124

   “Six months in jail $1,025 fine plus court costs Loss of driver's license for 1 year (365 days)”
   Louisiana Class D and E Driver's Guide, Handbook p. 124

6. Second DWI maximum: six months in jail with 48 hours mandatory, a $1,050 fine and a two year license loss.

   Source: Handbook p. 124

   “Six months in jail with 48 hours' mandatory jail time $1,050 fine plus court costs Loss of driver's license for two years (730 days)”
   Louisiana Class D and E Driver's Guide, Handbook p. 124

7. A third DWI is a felony, with 1 to 5 years in prison and a three year license loss.

   Source: Handbook p. 124

   “A felony criminal record 1-5 years in prison with 30 days' mandatory jail time $2,100 fine plus court costs Loss of driver's license for three years (1095 days)”
   Louisiana Class D and E Driver's Guide, Handbook p. 124

8. Louisiana gives the same penalty for driving under the influence of drugs as for alcohol.

   Source: Handbook p. 125

   “Louisiana law provides the same penalty for driving under the influence of drugs as it does for alcohol.”
   Louisiana Class D and E Driver's Guide, Handbook p. 125

Numbers to know

3 questions from the Louisiana practice test

1. 1. How long are driving privileges suspended for a first refusal of Louisiana's alcohol analysis test?

   1. 365 days
   2. 180 days
   3. 730 days
   4. 30 days
   Show answer

   365 days. A first refusal to submit to the alcohol analysis test brings a 365-day suspension of driving privileges. The 730-day period applies to a second or subsequent refusal, while 180 days is associated with particular test results rather than the first refusal described here. Thirty days is not the stated consequence. The cue is to identify refusal before looking at the duration, then distinguish first offense, repeat offense, and a submitted test with a measured BAC.

2. 2. For a second or subsequent refusal of Louisiana's alcohol analysis test, how long are driving privileges suspended?

   1. 180 days
   2. 365 days
   3. 730 days
   4. Three years
   Show answer

   730 days. Louisiana increases the implied-consent suspension to 730 days for a second or subsequent refusal of the alcohol analysis test. The 365-day choice is the first-offense period. A 180-day suspension is connected to certain BAC results after submitting to the test, not to a later refusal. Three years is the required maintenance period for SR-22 proof in the described case, not the refusal suspension itself. Separate the duration of the license suspension from the length of any financial-responsibility requirement when reading the fact pattern.

3. 3. How long must Louisiana require SR-22 proof to be maintained from the date of conviction in the described alcohol case?

   1. Three years
   2. One year
   3. Five years
   4. Until the next license renewal
   Show answer

   Three years. The guide says SR-22 high-risk insurance must be maintained for three years from the date of conviction when that proof is required after an alcohol-test refusal. The one-year choice confuses the first-refusal suspension with the insurance period. Five years is not the stated duration, and a license-renewal date does not replace the conviction-based measurement. Look for the anchor date in the rule: the clock starts at conviction, and the obligation lasts three years. This requirement is separate from the number of days the driving privilege remains suspended.

Source: the Louisiana Class D and E Driver's Guide, Chapter 9: Driving Offenses. This lesson is a plain English summary, not the law itself; where it differs, the manual and the statute govern. Last checked 2026-09-27.