Arkansas DWI Penalties
Researched, Fact Checked, and Written By Ludwig Warden Editorial Team
Did you know that the total financial cost of being arrested and charged for a first-offense DWI in Arkansas is upwards of $7,000? This includes:
- Administrative fine required by law
- Payment of attendance fees for your alcohol education and victim impact classes
- Ignition interlock monthly and installation fees
- License reinstatement fee
- Increased car insurance premiums.
- And with felony DWIs (4-6), you face the potential forfeiture of your vehicle, which makes you eat five or even six-digit losses.
That’s why it is sometimes cheaper to hire a DWI lawyer and try to get your charged dismissed, so that you don’t have to fork over all that cash at once.
Then, there’s a devastating loss of your time and energy (which is priceless). With a DWI charge, you are facing countless hours in court and administrative hearings, substantial prison time or community service hours, a required ignition interlock device in your car, required attendance in victim impact panels and alcohol education classes…and on and on the list goes.
This page is the simplest breakdown of DWI penalties in Arkansas – from offenses one through six – as well as their underage DUI counterparts. The content comes directly from our attorneys, who have extensive practical knowledge from litigating DWIs at trial and a robust knowledge of Arkansas DWI law.
Quick-Link Menu
Don't Miss Your Seven-Day Driver's License Deadline
Under Arkansas Code § 5-65-402, the Office of Driver Services must receive a written hearing request within seven calendar days after your arrest date. You will also be given a temporary license at the time of arrest which is valid for 30 days.
Arkansas DWI Penalties At A Glance
| Offense Level | Criminal Classification | Prison Time Under § 5-65-111 | Community Service | Enhancement for 16-Year-Old Passenger | DUI (Underage) |
|---|---|---|---|---|---|
| First Offense | Unclassified Misdemeanor | 24 Hours to One Year | No Less Than 30 Days | Seven Days to One Year in Jail; No Less Than 60 Days CS | No Prison Time, but Alcohol Education Attendance Required |
| Second Offense Within 10 Years of the First | Unclassified Misdemeanor | Seven Days to One Year | No Less Than 30 Days | 30 Days to One Year in Jail; No Less Than 60 Days CS | 30 Days CS |
| Third Offense Within 10 Years of the First | Unclassified Misdemeanor | 90 Days to One Year | No Less Than 90 Days | 120 Days to One Year in Jail; No Less Than 60 Days CS | One Year CS |
| Fourth Offense Within 10 Years of the First | Unclassified Felony | One to Six Years | Not Available | Two to Six Years in Jail | One Year CS |
| Fifth Offense Within 10 Years of the First | Unclassified Felony | Two to Ten Years | Not Available | Three to Ten Years in Jail | One Year CS |
| Sixth or Subsequent Offense Within 20 Years of the First | Class B Felony | Sentenced Under the Class B Felony Range | Not Available | Not Available | One Year CS |
Penalties That Apply Universally to Offenses 1-6
While jail time, fines, and license suspension periods increase with each offense, there are some penalties that all DWI defendants in Arkansas must face:
- Payment of court costs – $300
- Mandatory alcohol education or treatment program and payment of applicable fees – $125 – $150 (Arkansas Code § 5-65-307(a)(3)(A)(i); Arkansas Code § 5-65-115(a)(2)(B)(i)).
- Mandatory victim impact panel attendance and payment of applicable fees – $40 – $50 (Arkansas Code § 5-65-121(b)(1-2)).
- Payment of license reinstatement fee ($150 for a DWI, $25 for a DUI) (Arkansas Code § 5-65-119(b)(1)(A)Arkansas Code § 5-65-304(d)(1)(A)).
- Installation of ignition interlock in your vehicle: $200 installation fee, with monthly payments of $80 per month.
- SR-22 insurance filing fees.
- A permanent criminal record that cannot be sealed until all conditions are completed, and 10 years have passed since the date of the conviction.
While these requirements may seem small in comparison to jail time, the fees and hours add up.
First-Offense DWI/DUI
For a first DWI offense, Arkansas treats the charge as an unclassified misdemeanor. The penalties are as follows:
- Between 24 hours to one year in jail (Arkansas Code § 5-65-111(a)(1)(A)).
- Court may allow at least 30 days of community service in lieu of jail time (Arkansas Code § 5-65-111(a)(1)(A)).
- The fine ranges from $150 to $1,000 under Arkansas Code § 5-65-112(1), plus $300 in court costs.
- If a passenger under 16 was present, the minimum jail time increases to seven days, with at least 60 days of community service(Arkansas Code § 5-65-111(a)(1)(B); Arkansas Code § 5-65-111(a)(2)(B)).
- 6-month driver’s license suspension, during which time you can drive on a special state-administered license so long as you have an ignition interlock installed in your car (Arkansas Code § 5-65-104(a)(2)(A)(i)(a-c)).
- For a first underage DUI, jail time is not required, but community service and alcohol education attendance are required (Arkansas Code § 5-65-306(a); Arkansas Code § 5-65-307(d)(1)(i)(a)).
- A first offense DUI fine will range from $100 to $500 under Arkansas Code § 5-65-305(a)(1).
- Ninety-day license suspension for a first underaged DUI offense. An ignition interlock is not available for DUI offenders (Arkansas Code § 5-65-304(b)(2)(A)).
Read our First DWI Offense in Arkansas Guide for the arrest-to-resolution process, first-offense penalties, license deadlines, testing issues, defenses, and record consequences. If you need representation, visit our Little Rock DWI 1st Offense Lawyer page.
Second-Offense DWI/DUI (Within 10 Years of First)
For a second DWI offense within 10 years of the first, Arkansas again treats the charge as an unclassified misdemeanor, but the penalties increase.
- The jail range is seven days to one year, and the court may require at least 30 days of community service (Arkansas Code § 5-65-111(b)(1)(A); Arkansas Code § 5-65-111(b)(2)(A)).
- If a passenger under 16 was present, the jail range increases to 30 days to one year, with at least 60 days of community service as an alternative (Arkansas Code § 5-65-111(b)(1)(B); Arkansas Code § 5-65-111(b)(2)(B)).
- Fines increase to between $400 and $3000 (Arkansas Code § 5-65-112(2)).
- 24-month license suspension, during which time you can drive on a suspended license so long as you have an ignition interlock installed in your car (unless it is a DWI Drug charge, in which case you would have to request a restricted driving permit) (Arkansas Code § 5-65-104(a)(2)(B)(i)).
- A second underage DUI requires 30 days of community service (Arkansas Code § 5-65-306(b)(1)).
- DUI second offense fines range between $200 – $1000 (Arkansas Code § 5-65-305(a)(2)).
- One year license suspension for a second underaged DUI offense. An ignition interlock is not available for DUI offenders (Arkansas Code § 5-65-304(b)(2)(B)).
The mandatory minimum jail sentence is one of the most important changes from a first offense. Even with strong litigation, judges have less flexibility to avoid jail time entirely on a second DWI.
Third-Offense DWI/DUI (Within 10 Years of First)
A third-offense DWI becomes dramatically more serious. Courts now consider the defendant a “habitual” DWI offender, and penalties include:
- Between 90 days and one year in jail (Arkansas Code § 5-65-111(c)(1)(A)).
- 90 days of community service may be used as an alternative to jail time (Arkansas Code § 5-65-111(c)(2)(A)).
- If a passenger under 16 was present, the jail range increases to 120 days to one year, with at least 120 days of community service(Arkansas Code § 5-65-111(c)(1)(B); Arkansas Code § 5-65-111(c)(2)(B)).
- Fine between $900 to $5,000 (Arkansas Code § 5-65-112(3)).
- 30-month driver’s license suspension, during which time you can drive on a special state-administered license so long as you have an ignition interlock installed in your car (Arkansas Code § 5-65-104(a)(2)(A)(i)(a-c)).
- A third or subsequent underage DUI requires one year of community service (Arkansas Code § 5-65-306(b)(2)).
- DUI third or subsequent offense fines range from $500 – $2000 (Arkansas Code § 5-65-305(a)(3)).
- A license revocation for a third or subsequent underaged DUI offense. The revocation length will be either 3 years, or until the underaged person reaches 21 years of age – whichever is a longer amount of time (Arkansas Code § 5-65-304(b)(2)(C)).
A third DWI is the last offense level where the charge remains a misdemeanor. The next offense crosses into felony territory, with substantially greater exposure.
Fourth-Offense DWI/DUI (Within 10 Years of First) | Felonies Start Here
A felony DWI conviction threatens your basic civil rights and professional privileges – you risk loss of firearm rights, limitations on employment, and revocation of professional licensing.
A fourth DWI occurring within 10 years of the first is an unclassified felony, and results in the following penalties:
- One to six years in jail (community service is not available as a substitute) (Arkansas Code § 5-65-111(d)(1)).
- If a passenger under 16 was present, jail time goes up to two to six years (Arkansas Code § 5-65-111(d)(2)).
- Fines are the same for a third and subsequent DWI charge within 5 years – between $900 to $5,000 (Arkansas Code § 5-65-112(3)).
- Your license will be revoked for four years. The State will not provide you the right to immediately install an ignition interlock device, and after your license revocation period is over, you will be required to install an ignition interlock device for a period of time set by the Office of Driver Services (Arkansas Code § 5-65-104(a)(2)(D)(i); Arkansas Code § 5-65-104(a)(2)(D)(ii)).
- The state can seize your car/boat and vehicle title at the court’s discretion, and the sheriff may sell it to the highest bidder (Arkansas Code § 5-65-117(a)(1)(A); Arkansas Code § 5-65-117(a)(2)(B)).
Fifth-Offense DWI/DUI (Within 10 Years of First)
Five DWIs within 10 years remains an unclassified felony, but with substantially harsher exposure:
- Mandatory minimum 2 years in prison, up to 10 years (Arkansas Code § 5-65-111(e)(1)).
- Fines are the same for a third and subsequent DWI charge within 5 years – between $900 to $5,000 (Arkansas Code § 5-65-112(3)).
- Your license will be revoked for four years. The State will not provide you the right to immediately install an ignition interlock device, and after your license revocation period is over, you will be required to install an ignition interlock device for a period of time set by the Office of Driver Services (Arkansas Code § 5-65-104(a)(2)(D)(i); Arkansas Code § 5-65-104(a)(2)(D)(ii)).
- The state can seize your car/boat and vehicle title at the court’s discretion, and the sheriff may sell it to the highest bidder (Arkansas Code § 5-65-117(a)(1)(A); Arkansas Code § 5-65-117(a)(2)(B)).
Sixth-Offense DWI/DUI (Within 20 Years of First)
A sixth DWI offense within 20 years is a Class B felony (Arkansas Code § 5-65-111(f)), which means all its penalties are on an entirely different level:
- 5 to 20 years in prison (Arkansas Code § 5-4-401(a)(3)).
- Fines up to $15,000 (Arkansas Code § 5-4-201(a)(1)).
- License revocation of 4 years and long-term ignition interlock (Arkansas Code § 5-65-104(a)(2)(D)(i); Arkansas Code § 5-65-104(a)(2)(D)(ii)).
- Vehicle forfeiture (Arkansas Code § 5-65-117(a)(1)(A); Arkansas Code § 5-65-117(a)(2)(B)).
Enhancements and Additional Penalties
Enhancements apply when the following factors are present – no matter what offense you’re on.
Child Passenger
A passenger under 16 in the vehicle triggers a mandatory minimum 7 days in jail and may add a separate child endangerment charge(Arkansas Code § 5-65-111(a-d)).
Accident Involved
An accident — even without injuries — can strengthen the prosecution’s case, as well as expose you to civil liability.
Injury or Death
A DWI can quickly turn into a negligent homicide (Class B Felony) or second-degree battery charge (Class C Felony) if the driver cases the death or life-threatening injury of another person while intoxicated or with a BAC of 0.08% or higher (Arkansas Code § 5-10-105(a)(1)(A)-(B); Arkansas Code § 5-13-202(a)(3)(B)(i); Arkansas Code § 5-13-202(b)(1)).
Getting a DWI As a CDL Driver
If a CDL or CLP holder is convicted of a first offense DWI or Refusal charge while operating a commercial vehicle or a non-commercial vehicle – or even if they simply blow above a 0.04% BAC – they will be disqualified from driving a commercial vehicle for one year(Arkansas Code § 27-23-112(b)(1)(A); Arkansas Code § 27-23-112(b)(1)(B)).
If the commercial vehicle they were operating was transporting hazardous materials, they will be disqualified from driving a commercial vehicle for three years (Arkansas Code § 27-23-112(b)(1)(C)).
If they catch a second conviction or refusal while in a commercial or noncommercial vehicle, they will be disqualified from driving a commercial vehicle for life (Arkansas Code § 27-23-112(b)(1)(D); Arkansas Code § 27-23-112(b)(1)(E)).
Refusing A Chemical Test
Refusal has consequences separate from the DWI allegation. Arkansas Code § 5-65-205(a)(2) classifies refusal as a strict-liability offense and violation, and Arkansas Code § 5-65-205(a)(1)(B) directs the Office of Driver Services to suspend or revoke driving privileges.
A first refusal produces a 180-day license suspension. A second refusal within five years produces a two-year suspension, a third within five years produces a three-year revocation, and a fourth within five years produces a lifetime revocation (Arkansas Code § 5-65-205(b)(2)(A)(i-iv)). The statute allows an immediate ignition-interlock restricted license after a first refusal only when the underlying arrest involved intoxication by alcohol (Arkansas Code § 5-65-205(b)(2)(B)(i-ii)).
The prosecution can also seek to introduce refusal evidence in the criminal case. A refusal case can still involve disputes about whether the officer lawfully requested the test, delivered the required warning, recorded an actual refusal, or mistook a medical or physical inability to provide a sample for refusal.
As a note, Arkansas runs these suspension periods concurrently, not consecutively. This means that if you are charged with both a DWI 1st offense and a refusal to submit, you will not receive a combined suspension time of one year. Instead, you’ll just receive the 180-day (six-month) suspension (Arkansas Code § 5-65-305(b)(2)).
Ignition Interlock Tampering
We strongly recommend against this, because it incurs another charge. Under § 5-65-123, this is considered a Class A misdemeanor, and can result in potential jail time (Arkansas Code § 5-65-123(e)).
The following scenarios would result in a criminal charge under this statute:
- Someone who is driving with an ignition interlock restricted license knowingly influences another person to blow into the interlock device and start the car for them – or simply allows this to happen.
- Someone knowingly starts a car equipped with an interlock device for someone who is supposed to be driving that car with an ignition interlock restricted license.
- Someone tampers with the ignition interlock in an attempt to circumvent the restrictions it places on starting the vehicle.
- Someone gives a vehicle not equipped with an ignition interlock device to a person who has an ignition interlock restricted license and is restricted from driving a car without an ignition interlock device. Arkansas Code § 5-65-123(e)
Driving Without License or Interlock During DWI License Suspension Period
If you are convicted of driving without a license or permit, and the reason why you didn’t have a license was because it was restricted or suspended as a result of a DWI charge, then the state will suspend your license for one year longer than the original suspension period. In addition to this, they will charge you with an unclassified misdemeanor, which requires between ten and 90 days in jail, as well as a $1,000 fine. They’ll also impound your license plate for 90 days (Arkansas Code § 5-65-105(1-2); Arkansas Code § 5-65-106(a)).
A DWI Acquittal Can Wipe Penalties Clean
Arkansas law makes it clear that all penalties tied to a DWI are wiped upon a successful acquittal of charges. That’s why it might be cheaper to hire an attorney — if you get everything dismissed, you don’t have to pay any fines.
Also, your criminal charge is wiped clean, which means you have no criminal record, and if you get another DWI in the future, the count will reset, and you won’t be charged with a 2nd DWI or refusal (Arkansas Code § 5-65-205(c)(1-2); Arkansas Code § 5-65-104(a)(4)(B)).
It also means that the defendant would not have to complete any classes or install an ignition interlock device in their motor vehicle. They would simply have to provide proof of dismissal or acquittal to the Office of Driver Services to get their license back — everything goes back to normal (Arkansas Code § 5-65-104(b)(1)(A); Arkansas Code § 5-65-115(b)(1)(B); Arkansas Code § 5-65-115(d)(2); Arkansas Code § 5-65-304(c); Arkansas Code § 5-65-304(d)(2)(A-B); Arkansas Code § 5-65-307(d)(1)(ii); Arkansas Code § 5-65-310(c)(1-2); Arkansas Code § 5-65-310(f)(2)(A-B)).
Facing legal challenges is incredibly stressful, but your aggressive litigating style, meticulous preparation, and courtroom advocacy completely changed the experience for me.
A.J.
Can a DWI Be Sealed or Expunged in Arkansas?
The answer is yes, and it’s helpful to understand what record sealing actually means. Arkansas commonly uses the term “sealing” rather than expungement. If you successfully seal your record under the Comprehensive Criminal Record Sealing Act of 2013, your crime is considered to have never happened. In other words, you can now legally check “NO” to the question “Have you ever been convicted of a criminal misdemeanor or felony?” when you are applying for jobs, which can be a huge advantage as you try to find new work and rebuild your life (Arkansas Code § 16-90-1417(b)(1)).
Is There a Waiting Period for Expunging DWIs in Arkansas?
Yes, and it’s longer than many people might think . In 2021, Act 1060, which amends Arkansas Code Ann § 5-65-111, changed the “look-back” period and mandatory waiting period for misdemeanor DWI charges from 5 years to 10 YEARS. That means that today in 2026, there is a 10-year waiting period to seal convictions for misdemeanor Driving While Intoxicated offenses. The person must also satisfy sentence-completion, cost, restitution, license-reinstatement-fee, and other applicable requirements (Arkansas Code § 16-90-1405(a)(1-4)).
This amendment is considered a “retroactive” law, which “affects the acts or facts that existed before the act came into effect” (Black’s Law Dictionary, 7th Edition, pg. 1318). This means that, even if you were convicted with a misdemeanor DWI before Act 1060 was put into place, you still must wait until your 10-year waiting period is up.
To see proof that this is legitimate, you can visit Arkansas Crime Information Center’s Criminal History page, and find the form titled “PETITION AND ORDER TO SEAL MISDEMEANOR CONVICTION FOR DRIVING OR BOATING WHILE INTOXICATED.” If you click into the form, you’ll see that point seven (7) reads as follows:
“Pursuant to Ark. Code Ann.§5-65-111(b)(1) and/or (c)(1), it has been more than ten (10) years since Defendant’s first conviction for Driving or Boating While Intoxicated.”
Arkansas law could not be clearer – the waiting period to seal your DWI record is 10 years.
What To Do After Arrest
Meet the 7-day admin deadline
Preserve every document
Write down what happened
Preserve digital evidence
Follow bond and court conditions
Avoid discussing the facts publicly
Why DWI Jury Trials Matter
Trial preparation for a DWI offense in Arkansas starts long before the trial date. Our defense attorneys identify the elements the prosecutor must prove, prepare exhibits, study the officer’s prior statements, evaluate expert testimony, and prepare you for the stand.
Our attorneys, Kale Ludwig, Kyle Ludwig, Harry Warden, and Weston Sizemore are ready to fight for you and Simply Win.
ARKANSAS DWI PENALTIES
Frequently Asked Questions
Gene Ludwig founded Ludwig Law Firm in 1982, starting out as a personal injury trial lawyer. Today, our attorneys use that full-scale trial mindset to win DWI and criminal defense cases in Little Rock, central Arkansas, and Northwest Arkansas.
Our attorneys have furnished this FAQ section just for you. If your answer wasn’t answered here, feel free to call us or submit a form with your question.
At Ludwig Law Firm, We Simply Win Arkansas DWI defense. Call our office today for your free consultation.
How Long Before You Can Seal A DWI in Arkansas?
Yes. A BAC below 0.08% prevents the State from relying on the standard per se theory, but the State can still allege that alcohol, drugs, or another intoxicant substantially altered your reactions, motor skills, and judgment.
Do Out-Of State DWIs Count?
Out-of-state DWIs count towards enhanced penalties for subsequent charges, so long as they fall within the 10-year look-back period (Arkansas Code § 5-65-402(a)(6)(A)(i)).
If You Win Your Case, Do Administrative Penalties Proceed?
Contrary to what some sources may say, license consequences can absolutely be removed upon successful acquittal of a DWI case. The law could not be clearer on this point. See the above section for why that is.
Can I Get A Plea Deal For My DWI?
Arkansas law is very clear on this point – there are no charge reduction available for DWIs. Under Arkansas Code § 5-65-107(a), a person arrested for violating § 5-65-103 must be tried on or plead to that charge, and the DWI charge cannot be reduced to a different offense. However, a DWI can be dismissed through trial work and motions to suppress.
Your Choice of Representation Matters
A DWI offense moves quickly in Arkansas. The seven-day administrative deadline may expire before the first court appearance, and video, witness information, and other evidence can become harder to preserve over time.
If you or a loved one faces a first DWI charge, call Ludwig Law Firm at 501-868-7500, visit ludwiglawfirm.com, or learn more about our Little Rock DWI and DUI defense practice. We Simply Win reflects our commitment to preparation and advocacy, but no law firm can guarantee a particular outcome.