Underage DWI in Louisiana: Zero Tolerance and What It Means
A driver under 21 doesn’t need to be drunk to be arrested for DWI in Louisiana — a single drink can be enough to cross the legal threshold.
The 0.02% Standard Under R.S. 14:98.6
Louisiana’s zero-tolerance rule lives in R.S. 14:98.6, now titled “Underage operating while impaired.” The offense is committed when a driver under 21 operates a motor vehicle, aircraft, watercraft, vessel, or other means of conveyance with a blood alcohol concentration of 0.02 percent or more — one-quarter of the 0.08 percent threshold that applies to drivers 21 and older under R.S. 14:98.
That 0.02 percent line is not a rounding error. A single standard drink can produce a reading at or near that mark, depending on body weight, timing, and food intake. The statute does not require visible impairment, slurred speech, or an odor of alcohol as an element of the offense — the chemical test result establishes it, once the stop itself was lawful.
A note on terminology. Acts 2024, No. 662 replaced “intoxicated” and “under the influence” with “impaired” throughout Louisiana’s DWI statutes. Any material still referring to “Underage Operating While Intoxicated” is using pre-2024 language. The current heading is “Underage operating while impaired,” and citations should track that. (The related adult first-offense penalty statute, R.S. 14:98.1, was amended again by Acts 2025, No. 194 — worth checking current text before relying on any secondary source.)
Two Tracks, Two Clocks
An underage DWI arrest sets two separate proceedings in motion, on independent timelines. Confusing them is one of the most common mistakes families make.
The administrative suspension. Under Louisiana’s implied consent scheme, R.S. 32:667, a driver under 21 who submits to a chemical test showing 0.02 percent or above faces a 180-day suspension of driving privileges imposed by the Department of Public Safety and Corrections, separate from anything that happens in criminal court. The arresting officer seizes the license and issues a temporary receipt good for up to 30 days.
The driver has 30 days from the date of arrest to make a written request to the Department for an administrative hearing. Missing that window means the suspension takes effect by default. R.S. 32:667(A)(2)(b) provides a narrow exception: if the driver could not make a timely request because of incarceration, hospitalization, or another cause the Department accepts, the request may be submitted with supporting documentation up to 90 days from arrest.
The criminal prosecution. Separately, the district attorney pursues the charge under R.S. 14:98.6 in the district, parish, city, or municipal court with jurisdiction. A conviction carries its own consequences — fines, possible jail time, probation conditions, and a conviction-based license suspension of twelve months under R.S. 32:414(A)(1)(a).
How the two suspensions interact. R.S. 32:667(F) answers this directly: when a license has been suspended administratively and the person is also convicted of an offense arising out of the same occurrence, the suspension imposed for that offense runs concurrently with the administrative suspension, and the total period cannot exceed the longer of the two. The two clocks do not stack. What still matters is that the administrative deadline runs on its own schedule — a family focused entirely on the criminal case can let the 30-day hearing window close without realizing it.
Penalties on Conviction
R.S. 14:98.6(C) sets graduated penalties by conviction count.
First conviction: a fine of $100 to $250 and imprisonment of 10 days to 3 months. Sentence may not be suspended unless the offender is placed on probation with minimum conditions including 32 hours of court-approved community service (at least half in litter abatement or collection) and participation in a court-approved substance abuse and driver improvement program.
Second or subsequent conviction: a fine of $250 to $500 and imprisonment of 30 days to 6 months. On probation, the minimum conditions include 48 hours in jail without benefit of parole, probation, or suspension of sentence — or, in lieu of that, at least 80 hours of court-approved community service — plus a court-approved substance abuse program and a driver improvement program.
Under R.S. 14:98.6(C)(4), the court may require that the offender not drive during probation unless the vehicle is equipped with a functioning ignition interlock device meeting R.S. 14:98.5(C). Home incarceration remains available under Code of Criminal Procedure Article 894.2 and R.S. 14:98.5(B).
When a Minor Is Charged as an Adult
R.S. 14:98.6(B) contains a jurisdictional pivot worth flagging on every underage DWI file: if the BAC comes back at 0.08 percent or above, the case is not charged under R.S. 14:98.6 at all. It proceeds under R.S. 14:98(A)(1)(b), with first-offense penalties set by R.S. 14:98.1 — a fine of $300 to $1,000, imprisonment of 10 days to 6 months, mandatory probation conditions, IID requirements, and the full multiple-offense enhancement structure. Age at arrest may affect diversion posture and program eligibility, but it does not cap penalty exposure once BAC crosses 0.08 percent.
On refusal. Refusing the chemical test carries its own consequence: a one-year suspension on a first refusal under R.S. 32:667(B)(2), and two years on a second or subsequent refusal within ten years. Whether a prior underage or adult DWI conviction exists changes the calculus considerably — a second underage conviction raises the mandatory minimums under R.S. 14:98.6(C)(2), and prior refusals affect both suspension length and hardship license eligibility. This is a decision to make with counsel, not from a general statute summary.
Adult DWI vs. Underage DWI: Side-by-Side
| Factor | Adult DWI (21+) | Underage DWI (Under 21) |
|---|---|---|
| Governing statute | R.S. 14:98 (penalties at 14:98.1) | R.S. 14:98.6 |
| BAC threshold | 0.08% | 0.02% |
| First-offense fine | $300–$1,000 | $100–$250 |
| First-offense jail exposure | 10 days–6 months | 10 days–3 months |
| Administrative suspension (test failure) | 180 days first offense; 2 years if BAC ≥ 0.15% | 180 days |
| Administrative hearing request deadline | 30 days from arrest | 30 days from arrest |
| Conviction-based suspension | 12 months (R.S. 32:414(A)(1)(a)) | 12 months (R.S. 32:414(A)(1)(a)) |
| Reclassified if BAC ≥ 0.08% | N/A | Charged under R.S. 14:98, adult track |
| IID condition available | R.S. 14:98.5(C), 32:378.2 | R.S. 14:98.5(C) |
Collateral Exposure Beyond the Courtroom
A conviction under R.S. 14:98.6 is a criminal misdemeanor. It surfaces on background checks tied to college disciplinary review, professional licensing applications, and — for drivers holding an intermediate license — reinstatement and driver-education requirements administered under Title 32. “Underage” status does not put the case on a sealed or juvenile-style track. Absent a separate expungement once eligible, the conviction is public record like any other misdemeanor DWI.
FAQ
Does refusing the breath test protect an underage driver from consequences? No. A first refusal triggers a one-year administrative suspension under R.S. 32:667(B)(2), applied whether or not the underlying charge ends in conviction.
Can a first-time underage DWI be resolved without a conviction on record? Diversion and deferred-sentencing options vary by parish and by the facts of the stop. That determination requires a case-specific review with the prosecuting jurisdiction — a general statute reading doesn’t answer it.
Does R.S. 14:98.6 apply to boats and other vehicles, not just cars? Yes. The statute reaches “any motor vehicle, aircraft, watercraft, vessel, or other means of conveyance,” so an underage boat operator on Louisiana’s waterways faces the same 0.02 percent standard. R.S. 32:667(B)(4) also extends any suspension of driving privileges to operating a watercraft.
Citation Reference Table
| Statute | Caption | Verify At |
|---|---|---|
| R.S. 14:98.6 | Underage operating while impaired | legis.la.gov |
| R.S. 14:98 | Operating a vehicle while impaired | legis.la.gov |
| R.S. 14:98.1 | Operating while impaired; first offense; penalties | legis.la.gov |
| R.S. 14:98.5 | Home incarceration; ignition interlock device | legis.la.gov |
| R.S. 32:414 | Suspension, revocation, renewal, and cancellation of licenses; judicial review | legis.la.gov |
| R.S. 32:667 | Seizure of license; circumstances; temporary license | legis.la.gov |
| R.S. 32:668 | Procedure following revocation or denial of license | legis.la.gov |
| R.S. 32:378.2 | Ignition interlock devices | legis.la.gov |
| Acts 2024, No. 662 | Replaced “intoxicated”/”under the influence” with “impaired” across Title 14 DWI statutes | legis.la.gov |
A Note From Bloom Legal
This article is provided for general informational purposes and does not constitute legal advice. Louisiana’s DWI statutes, including the underage provisions discussed here, are subject to legislative amendment, and outcomes in any individual case depend on the specific facts, the arresting jurisdiction, and applicable local court procedures. Reading this article does not create an attorney-client relationship with Bloom Legal Network. If you or a family member is facing an underage DWI charge in Louisiana, contact Bloom Legal Network at 504-599-9997 to discuss your situation with an attorney.
