Like with most states, when you are arrested for a DWI in Louisiana, it results in two seperate cases. The first case is the criminal case in which you can be subject to various criminal penalties, such as fines, license suspensions and even jail time. The second case is the administrative case with the Department of Public Safety and Corrections in which the sole issue is your privilege to drive. It is quite possible to have the criminal charges dismissed or attain an acquittal and still have your license suspended through the admininistratice case.

There are two theories in which the State can bring DWI charges. The first theory is the "under the influence" theory where the State will have to prove your inability to safetly drive due to your consumption of alcohol with evidence such as the arresting officer's testimony regarding your field sobriety test results, your physical appearance and your driving pattern. The second theory is the "per se" theory and the only element the State must prove is that your blood alcohol content or BAC was at or above the legal limit. Louisiana’s “per se” drunk driving blood alcohol limit is currently .08%. This theory is the most common and is easier to prove becuase it is not dependent on the driver's abilty to safetly drive, but rather only concerned with body chemistry.