For a lot of families, the call comes in the middle of the night. Your son or daughter is at the jail, and the number on the paperwork does not look like much. Zero point zero three.
That number is enough in Louisiana. For a driver under 21, the threshold is 0.02 percent, roughly what a single drink can produce. There is no allowance for being barely over.
What happens next affects more than a fine. It reaches a license, a college application, a scholarship, and a record that follows a young person into their first real job.
The Law Office of Heather C. Ford defends underage DWI charges in New Orleans and works to keep a bad night from becoming a permanent problem.
Louisiana charges it under Revised Statute 14:98.6. The offense is operating a motor vehicle, watercraft, or other conveyance with a blood alcohol concentration of 0.02 percent or more while under the age of 21.
Two points parents should understand right away.
The threshold is effectively zero tolerance. At 0.02 percent, the state does not need to prove bad driving or visible impairment. The number alone supports the charge.
A higher result means an adult charge. Under subsection B of the statute, an underage driver whose BAC violates the general DWI provision is charged under that adult statute instead of the underage one. In plain terms, a 19-year-old at 0.09 percent is not facing the lighter underage offense. They are facing a standard DWI with adult penalties. The underage statute is the lesser charge, not the automatic one.
The offense also covers more than cars. Watercraft counts, which matters in south Louisiana.
Penalties are lower than an adult DWI but still include jail exposure.
First conviction under Revised Statute 14:98.6 carries:
If probation is granted, the minimum conditions include:
Second or subsequent conviction carries a fine of $250 to $500 and 30 days to 6 months in jail. Probation conditions step up to either 48 hours in jail without benefit of parole, probation, or suspension, or at least 80 hours of community service.
The license consequence is immediate and runs separately from the criminal case.
Under Revised Statute 32:667, the administrative process applies to a driver under 21 who refused testing or whose result was 0.02 percent or above. The officer seizes the license at arrest and issues a temporary receipt.
From there:
That 30-day window is the most commonly missed opportunity in these cases, largely because families are focused on the court date printed on the citation.
Louisiana also has a provision, Revised Statute 32:670, addressing when chemical test results for a person under 21 are excluded from the official driving record. Whether it helps in a particular case is worth asking about directly, because it can affect what ends up visible later.
Refusal changes the license picture and needs its own analysis.
Louisiana’s implied consent law applies to drivers under 21 the same way it applies to adults. Refusing a lawfully requested chemical test triggers the administrative process under Revised Statute 32:667, and the license is seized just as it would be after a failed test. A first refusal generally carries a longer suspension than failing the test does, and the refusal itself can be introduced as evidence.
What refusal does do is deny the state a number. Without a BAC result, the prosecution has to prove impairment through observations, driving pattern, and field sobriety tests, which are far more open to challenge than a printout. That can strengthen the criminal defense while making the license case harder.
Because the two proceedings pull in different directions, a refusal case should be evaluated as a whole rather than one piece at a time. And the 30-day deadline to request the administrative hearing applies to refusals too.
The sentence is rarely what families worry about most. The lasting consequences are:
Louisiana does not use a driver points system, so nobody should be told this adds points. The real risk is a conviction and a suspension.
Often there are options, and they are strongest early.
Depending on the charge and the court, possibilities include dismissal where the evidence is weak, negotiation to a lesser charge, a diversion or pretrial program, or a deferred sentence under Code of Criminal Procedure article 894 that can allow the conviction to be set aside on successful completion. For DWI offenses, that set-aside is available only once in a ten-year period, so it should not be spent carelessly.
Juvenile court may be involved if the driver is under 17, which follows different procedures and confidentiality rules than adult court.
The right path depends on the actual evidence, the exact BAC, prior history, and which court the case lands in. That is why the case should be evaluated before anyone pleads to anything to make the problem go away quickly.
Low-BAC cases are frequently more defensible than families expect, precisely because the margin is so thin.
Areas we examine:
It depends on age and charge. Misdemeanor charges are generally handled in the Municipal and Traffic Court of New Orleans on South Broad Street, with municipal charges prosecuted by the City Attorney. Cases charged under state statute may proceed through Orleans Parish Criminal District Court at 2700 Tulane Avenue. A driver under 17 may be handled in the juvenile system.
Check the charging document. A Louisiana Revised Statute citation means a state charge. A Municipal Code citation means a city charge.
What you do in the first week matters.
Being supportive and being strategic are not in conflict. Both point the same direction, which is getting the facts reviewed before decisions get locked in.
One night should not set the terms for your child’s next ten years. But the decisions that limit the damage happen early, and the license deadline arrives long before the court date.
If your son or daughter was arrested for underage DWI in New Orleans, contact the Law Office of Heather C. Ford for a case review. We will explain exactly what is at stake, protect the license while the case is pending, and look hard at whether the state can prove its number.
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Between myself and my family, we keep Heather busy! She is very professional and knowledgeable. I have spent a lot of money and ruined my driving record paying off speeding tickets but when I found Heather, I found that she is the best
My experience with the Law Office of Heather C. Ford was outstanding. I would recommend this team to anyone that has received a traffic ticket in the metro New Orleans area....
I found Heather online after searching for a traffic lawyer. Since I am not from the area, I was not 100% sure but went with my gut after reading the positive comments. And I was right! I am really pleased with Heather Ford's...
I was thrilled when Heather was able to get my ticket reduced to a non-moving violation and the judge waived fees. I never thought that was possible. I was certain I'd have to pay something. She's great...
Ms. Ford is all that I could ask for in an advocate.
My experience has been as pleasurable as can be expected when you need a lawyer.
0.02 percent. That is far below the 0.08 percent adult limit and can be reached with roughly one drink.
Yes. If the result meets the general DWI provision, the law directs that the driver be charged under the adult statute rather than the underage one.
An adult conviction can, unless it is set aside and expunged. Juvenile matters follow different rules. Ask specifically about the record in your child’s situation.
30 days from the date of arrest to request the administrative hearing in writing. That deadline is separate from the court date.
No. Louisiana has no points system. The concern is a conviction and a suspension.
The statute allows 10 days to 3 months, but first offenses are commonly resolved with probation and its required conditions, including community service.
