In Arkansas, even a first DWI offense can take away your license, job, and insurance. With the threat of jail time, this seemingly low-level misdemeanor can even take away your freedom. If that sounds harsh, consider how much a third offense can hurt you. Needless to say, you need a lawyer if you have a DWI in Arkansas.
Offense | Class | Jail | Fine | License |
First Offense | Misdemeanor | Up to 1 year | $150–$1,000 + costs | 6 months |
Second Offense | Misdemeanor | 7 days–1 year | $400–$3,000 + costs | 24 months |
Third Offense | Misdemeanor | 90 days–1 year | $900–$5,000 + costs | 30 months |
Fourth Offense | Felony | 1–6 years | $900–$5,000 + costs | 48 months |
Fifth+ | Felony | 2–10 years | $900–$5,000 + costs | Possible permanent revocation |
DWI With Injury | Misdemeanor/Felony | Up to 1 year+ | $1,000–$5,000 + restitution | 1–3 years |
DWI Causing Death | Felony | Up to 20 years | $15,000–$50,000 | Permanent revocation |
At the end of this guide, you will find a list of strategies that our firm uses for DWI defense. If you’re wondering how you can mitigate the consequences of your DWI charge, or if you’re curious if a DWI can be dismissed, skip to the end to learn more. If you want to call a DWI lawyer now, dial 501-868-7500 and get connected to Kale Ludwig today!
Detailed Penalties For DWIs in Arkansas
First Offense DWI/DUI in Arkansas
- Fine: Between $150 and $1,000 (with court costs and administrative fees, $2,000+)
- Jail time: Up to one year in jail, though most first-time offenders receive a suspended sentence, probation, or mandatory treatment instead of full incarceration.
- License: Automatic drivers license suspension for six months by The Arkansas Department of Finance and Administration (DFA) (up to a year if driver refuses chemical test).
- Education: Must complete alcohol education or treatment program approved by the Arkansas Department of Health or the court.
- Vehicle: Installation of an ignition interlock device (IID) is required for at least six months following license reinstatement, eligible after first 30 days of suspension.
For more information, visit our legal guide on first offense DWIs in Arkansas.
Second Offense DWI/DUI in Arkansas
- Fine: Between $400 and $3,000, plus court costs and administrative fees that can push the total above $4,000.
- Jail Time: Minimum 7 days up to 1 year in jail. Courts may allow approved treatment programs in place of part of the sentence.
- License: Automatic 24-month suspension through the Arkansas DFA. Drivers who refuse chemical testing face a 2-year suspension. Eligible drivers may apply for an ignition interlock restricted license after 45 days.
- Education: Repeat offenders are commonly ordered to complete an extended alcohol education or treatment program approved by the court or Arkansas Department of Health.
- Vehicle: Mandatory ignition interlock device (IID) installation following reinstatement.
Third Offense DWI/DUI in Arkansas
- Fine: Between $900 and $5,000, plus court costs and administrative fees that can push the total above $6,000.
- Jail Time: Minimum 90 days up to 1 year in jail. Courts may allow certified treatment programs to replace part of the sentence, but at least 90 days of confinement is mandatory.
- License: Automatic 30-month revocation through the Arkansas DFA. Drivers who refuse chemical testing face up to a 3-year revocation.
- Education: Mandatory long-term alcohol or substance abuse treatment approved by the court or Arkansas Department of Health.
- Vehicle: Eligible drivers may apply for a restricted ignition interlock license after 45 days. Mandatory ignition interlock device (IID) installation for at least two years following reinstatement.
Fourth Offense DWI/DUI in Arkansas (Felony)
- Fine: Between $900 and $5,000, plus court costs and fees.
- Prison: 1–6 years in state prison. Prior felony DWIs can increase sentencing exposure.
- License: Automatic 4-year revocation through the Arkansas DFA, with possible permanent revocation in some cases.
- Education: Mandatory court-approved alcohol treatment program.
- Vehicle: Ignition interlock device (IID) required for restricted driving eligibility.
- Record: A felony conviction can permanently impact employment, housing, and firearm rights.
Penalty Enhancements For Arkansas DWIs
These enhancements can apply at every level — from a first offense to a sixth offense.
Enhancement | Arkansas Statute | Possible Consequences |
DWI Causing Injury | Ark. Code § 5-65-111 | Possible felony charges, prison time, restitution, major fines, license revocation, and felony record. |
DWI Causing Death | Ark. Code §§ 5-10-104 & 5-10-105 | May lead to negligent homicide or manslaughter charges, prison exposure, and significant fines. |
Test Refusal | Ark. Code § 5-65-205 | Can trigger a separate license suspension under Arkansas implied consent law. |
Child Passenger | Ark. Code § 5-65-111 | A passenger under 16 may add jail time, enhanced penalties, or separate charges. |
Repeat Felony DWI | Ark. Code §§ 5-65-111 & 5-4-501 | Habitual offender rules may increase prison exposure and license consequences. |
Ignition Interlock | Ark. Code § 5-65-118 | Repeat or felony DWI cases may require IID installation for restricted driving. |
BWI in Arkansas
- Arkansas treats BWI similarly to a standard DWI. Operating a motorized watercraft while intoxicated is illegal under state law.
- Fine: First-offense fines range from $150 to $1,000, plus court costs and fees. Repeat offenses can reach $5,000.
- Jail Time: Up to 1 year in jail for a first offense. Repeat offenses can trigger mandatory jail sentences.
- Boating Privileges: The Arkansas Department of Finance and Administration (DFA) and Arkansas Game and Fish Commission (AGFC) may suspend boating privileges for 6 months after a first offense, 2 years for a second offense, and permanently for repeat violations.
- Education: Courts commonly require alcohol education or boating safety courses.
- Record: A BWI conviction becomes part of a criminal record and may impact employment, insurance, and professional licensing.
CDL DWI in Arkansas
Commercial drivers face stricter DWI standards in Arkansas and can be charged with a BAC of just 0.04% while operating a commercial vehicle.
- Fine: Between $150 and $1,000, plus court costs and fees.
- CDL Suspension: A first DWI or chemical test refusal triggers a 1-year CDL disqualification. Hazardous materials cases increase that to 3 years. A second offense can result in lifetime CDL disqualification.
- Driver’s License: Non-commercial driving privileges may also be suspended for at least 6 months.
- Education: Courts commonly require alcohol education or treatment programs.
- Employment: A CDL DWI becomes part of the Federal Motor Carrier Safety Administration (FMCSA) database (also known as the Drug and Alcohol Clearinghouse), and can permanently impact commercial driving employment.
Drug DWI in Arkansas
The only major differences between a standard first-offense DWI and a first-offense Drug DWI in Arkansas are:
- Type of impairment: Drug DWI involves impairment from controlled substances, prescription medication, or intoxicants instead of alcohol.
- Testing method: These cases commonly involve blood or urine testing rather than breath testing.
- Treatment focus: Courts often emphasize drug treatment, rehabilitation, and random drug testing during probation.
- Ignition interlock: IID requirements may differ if no alcohol was involved.
Everything else—fines, jail exposure, license suspension, and basic sentencing structure—is generally the same as a standard first-offense DWI.
Underage DUIs in Arkansas
Arkansas uses a zero-tolerance law for drivers under 21. An underage driver can face DUI charges with a BAC as low as 0.02%.
- Fine: Up to $500 for a first offense and up to $1,000 for repeat offenses, plus court costs and fees.
- License: Arkansas suspends licenses for 90 days on a first offense, 1 year on a second, and 2 years on a third. Refusing testing triggers an automatic suspension.
- Education: Courts require alcohol education or treatment programs and may order drug testing or victim impact panels.
- Vehicle: Ignition interlock devices are uncommon unless the BAC exceeds 0.08% or the driver has repeat violations.
- Record: An underage DUI creates a criminal and driving record that can impact employment, college admissions, and professional licensing.
Additional Considerations to DWIs in Arkansas (2026)
Pulaski County Sobriety Court
Pulaski County Sobriety Court is a program that exists to improve safety and reduce DWI recidivism. After penalties are imposed, a DWI criminal defense attorney can refer a convicted DWI offender to the program, and an appointment will be set.
Judicial Diversion Programs
Additionally, there is legislation that allows first-time misdemeanor DWI offenders to be eligible for judicial diversion programs, where successful completion of treatment and education could result in a dismissal of charges. Diversion does not apply to cases involving injury, high BAC, minors, or property damage.
NTSB BAC Limit Recommendations
As of 2025, the National Transportation Safety Board (NTSB) has officially recommended that all states in the U.S. lower the legal BAC limit to .05% from .08%. Based on this data, legislators across the country, including those in Arkansas, are considering updating their framework to match the NTSB’s.
Defense Strategies We Use to Beat DWIs
Every DWI case is different, but many charges can be challenged through weaknesses in the traffic stop, testing process, or police investigation. Common Arkansas DWI defense strategies include:
- Illegal Traffic Stop: Police must have reasonable suspicion to stop a vehicle. If the stop was unlawful, evidence may be suppressed.
- Faulty Breath or Blood Testing: Breathalyzers and blood tests can produce inaccurate results due to calibration issues, improper administration, contamination, or medical conditions.
- Improper Field Sobriety Tests: Weather, injuries, anxiety, fatigue, and road conditions can affect field sobriety test performance.
- Rising Blood Alcohol Defense: BAC may have been below the legal limit while driving but increased afterward before testing occurred.
- Lack of Actual Physical Control: Prosecutors must prove the defendant was operating or in control of the vehicle.
- Violation of Constitutional Rights: Unlawful searches, improper questioning, or failure to follow Arkansas DWI procedures can weaken the prosecution’s case.
- Medical or Prescription Drug Explanations: Certain medical conditions or legally prescribed medications can mimic signs of intoxication.
Harry Warden and Kale Ludwig is the trial-focused DWI team that Simply Wins. Our trial experience helps in DWI cases because the outcome hinges on the evidence. Where possible, Kale and Harry challenge breathalyzer tests and traffic stop procedures, using police reports, body camera footage, testing records, and witness statements to identify weaknesses in the State’s case.
For more insight into DWI/DUI laws in Arkansas, see Harry Warden’s Comprehensive Guide to DWI Law in Arkansas.
Acting Fast Can Help Your Case
DUI and DWI cases move quickly in Arkansas courts. Acting fast can preserve license rights, challenge faulty evidence, and keep options open. If you or a loved one has been charged, call Ludwig Law Firm at 501-868-7500 or visit our DWI defense page.
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Disclaimer: The information provided on this webpage is for general informational purposes only and is not intended as legal advice. Reading this page or interacting with Ludwig Law Firm through this content does not create an attorney-client relationship. Every legal case is different, and you should not act or rely on any information in this blog without first consulting with a licensed attorney about your specific situation. For legal guidance tailored to your needs, please contact Ludwig Law Firm directly.
FAQs
Frequently Asked Questions
An Ignition Interlock Device is a breathalyzer wired into a vehicle’s ignition. The driver must blow into it before the vehicle starts. If alcohol is detected, the vehicle will not start.
The IID may also require rolling breath samples while driving. Violations, missed tests, tampering, or removal attempts can be reported to the Arkansas DFA and Office of Driver Services.
An IID can help qualifying Arkansas drivers get back on the road sooner instead of serving the full suspension period.
For a first DWI, eligible drivers may apply for a restricted ignition interlock license after 30 days. This can allow limited driving for work, school, court, treatment, and medical needs.
SR-22 insurance is proof of financial responsibility filed with the Arkansas DFA after a DWI-related suspension.
Drivers usually must maintain SR-22 coverage for three years from reinstatement. If the policy lapses, the DFA may revoke driving privileges again.
SR-22 may be required to reinstate a license, obtain a restricted IID license, or prove insurance after a DWI suspension. Non-owner SR-22 policies may be available for drivers without a vehicle.
Under Arkansas implied consent law, refusing alcohol or drug testing after a lawful DWI arrest can trigger a separate license suspension.
A first refusal may result in a 180-day to 1-year suspension, loss of restricted license eligibility during that period, and use of the refusal as evidence in the DWI case.
You have 7 days from arrest to request a Driver Control hearing with the DFA. Missing that deadline can make the suspension automatic.
A DWI conviction stays on your criminal record unless sealed. For enhancement purposes, prior DWIs generally count for 10 years, or 20 years for a sixth-offense calculation.
Some DWI convictions may be eligible for sealing 10 years after completing the sentence.
Not always. A first DWI carries up to 1 year in jail, but many first-time offenders avoid full incarceration through probation, community service, treatment, or plea agreements.
Aggravating factors, such as a child passenger or crash, can increase the risk of jail time.
The look-back period is generally 10 years for second through fifth DWI offenses. For a sixth-offense charge, the look-back period extends to 20 years.
Convictions outside the look-back period usually do not count toward enhancement.
Arkansas law generally prohibits reducing a DWI to a lesser non-DWI offense.
However, dismissals, acquittals, suppression motions, testing challenges, and negotiated sentencing outcomes may still be possible depending on the facts.
A fourth DWI within 10 years is typically the first felony-level DWI offense.
A first-offense DWI may also lead to felony charges if it involves serious injury or death.
License suspension is separate from the criminal case. You have 7 calendar days from arrest to request an administrative hearing.
If you miss the deadline, the suspension can become automatic even if the criminal case is still pending.