Reframing the Question

Do DWIs in Arkansas add points to my record? The answer to this question is: 0. You get 0 demerit points added to your record for being pulled over for a DWI in Arkansas.

I know what you’re thinking: “Wow, sounds like an automatic get-out-of-jail-free card!” Not exactly.

In Arkansas, rather than giving you a slap on the wrist in the form of demerit points on your record, you get a much more severe punishment. So, if we reframed the question, we might instead ask:

What impact will a DWI charge have on my record in Arkansas?

Today, we’re here to clear up any confusion on this topic of penalties as it relates to DWI matters. Let’s get started!

Why 0 Points? Explanation of Arkansas’s Administrative Point System and Arkansas Law.

Arkansas law treats DUI as a major offense, as governed by Arkansas Code § 5-65-103. Furthermore, the state does not use the point system to penalize it. Instead, they impose license suspensions directly, as well as other administrative penalties such as automatic fees and mandatory alcohol education courses. These penalties are all administered by the Arkansas Office of Driver Services (ODS) and the Arkansas Department of Finance and Administration (DFA).

So, instead of demerit points, Arkansas enforces the following for DWIs:

• License suspension:

• 1st offense: 6 months

• 2nd (within 5 years): 24 months

• 3rd (within 5 years): 30 months

• 4th (within 5 years): 4‑year revocation (Arkansas DFA)

• Plus requirements such as ignition interlock, education programs, victim impact panels, and reinstatement fees. (Arkansas DFA.

On the other hand, moving violations like speeding or reckless driving do count toward the 3–8 point spectrum. But again, DWI offenses alone fall outside this; they trigger administrative suspension rather than demerit points.

Now, there might be cases where someone is caught speeding while intoxicated. In this case, the individual will likely get both their license suspended AND 3-8 points added to their record.

Imagine This: Arkansas DWI Edition

A Conway resident is pulled over on I-40 after a night out and blows a 0.09% on a breathalyzer. They assume they'll get a few points on their license, and maybe a fine. In reality, they’re looking at a criminal charge, license suspension, and a mandatory interlock device—regardless of whether it’s their first offense. If they were underage or driving a commercial vehicle, the penalties could be even more severe.

Prosecutorial Burden in a DWI Case

To secure a DWI conviction in Arkansas, the prosecution must prove beyond a reasonable doubt that the defendant:

• Was operating or in actual physical control of a vehicle,

• While under the influence of alcohol, drugs, or both,

• Or had a blood alcohol content (BAC) of 0.08% or more (or 0.02% if under 21).

Unlike point-based infractions like speeding or improper lane changes, a DWI conviction is much more serious and becomes part of your permanent criminal record. The court’s burden is higher, and so are the consequences.

Testing Methods and Their Weaknesses

DWI arrests often rely on chemical testing—including breathalyzers, blood draws, or urine tests—to determine BAC. However, these methods are not infallible:

• Breathalyzers can be affected by improper calibration, recent mouthwash use, or acid reflux.

• Blood tests require strict chain-of-custody procedures to remain admissible.

• Urine tests are generally less reliable and more prone to external contamination.

Even if you fail a test, an experienced Arkansas DWI attorney can review procedural errors, mishandling, or even challenge the science behind retrograde extrapolation, which estimates your BAC at the time of driving based on a later test.

Why the Timeline Matters

A DWI arrest in Little Rock kicks off both a criminal case and an administrative case. The administrative side begins immediately, with the ODS sending a notice of suspension. You have seven days from the date of arrest to request a hearing to challenge that suspension.

From a legal perspective, this is one of the most critical windows. If you do nothing, your license will be automatically suspended—even if you haven’t yet appeared in court.

Arrested for a DWI? Call Ludwig Today!

At Ludwig Law Firm, we help clients throughout Arkansas—including Little Rock, Conway, and the greater Pulaski County region—fight DWI charges with a strategic, experienced approach. If you’ve been arrested, don’t wait to act. Call us at 501-838-7500, or visit ludwiglawfirm.com to schedule a free case evaluation.

We’ve helped hundreds of Arkansans navigate DWI cases and administrative license hearings. Our defense begins the moment you call.

Frequently Asked Questions

1. Does Arkansas use a point system for DWI offenses?
No. DWI charges trigger automatic administrative penalties, not point accumulation.

2. Can a DWI conviction be expunged in Arkansas?
In some cases, yes. Under Arkansas law, certain first-time offenses may be eligible for sealing under specific conditions.

3. What happens to my license after a DWI arrest?
The ODS will issue a notice of suspension immediately. You must request a hearing within 7 days to contest it.

4. Are there different penalties for commercial drivers or minors?
Yes. Commercial drivers face penalties at 0.04% BAC and minors at 0.02%. Penalties are often more severe.

5. What is the penalty for refusing a chemical test?
Refusing a test results in an automatic license suspension of 180 days or more, even if you're not convicted.