Your Arkansas DWI 1st Offense Playbook
In Arkansas, there are really three primary questions people ask about a first offense DWI – how much will it cost me, what do I do after I get arrested, and how can I get it dismissed?
You should know right off the bat that the financial cost of being arrested and charged for a first-offense DWI in Arkansas is upwards of $7,000. That’s not even considering the loss of your time and energy – hours spent in hearings, trials, and alcohol classes — or the stress from doing legal work without an attorney. It might actually be cheaper and healthier for you to hire an attorney to help you navigate this.
In our DWI First Offense Playbook (2026), we will do more than answer those main three questions — we’ll take you through an 8-play system that works towards a great DWI result.
Sound good? Great – lets begin.
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Play #1 – Comply With Stop, Testing, Arrest, and Booking
Officers look for specific driving behavior when they are out on patrol – exiting a lane, weaving in and out of traffic, sporting an expired tag. This behavior gives them reasonable suspicion to stop you and probable cause to arrest you. To get your case off to a good start, it is helpful to understand what to do when this happens.
Surrender Your License Peacefully
At the time of a DWI/DUI arrest, the defendant must surrender a license, permit, or other evidence of driving privileges (Arkansas Code § 5-65-304(a); Arkansas Code § 5-65-402(a)(1)(A-B); Arkansas Code § 5-65-402(a)(2)(A)(i)).
Keep Pink Slips Safe
After the arresting officer confiscates your physical driver’s license at the arrest, they will give you two copies of the same form to fill out — both will be pink. The form will be titled “Request for Administrative Hearing to Contest Suspension, Revocation or Disqualification of Driving Privilege Or Request Restricted Driving Permit.” Hold onto those forms — skip to Play #2 to learn what to do with them.
Comply With Roadside Testing
Once you’re stopped and/or approached in your motor vehicle while stationary, the officer will take you through field sobriety or portable breath tests. While these tests are often inaccurate, they are used as evidence that you were intoxicated while operating or exercising actual physical control over a vehicle. Our recommendation is to be very respectful to the police officer and do exactly what they tell you to do.
What Triggers A DWI Arrest?
There are two triggers for a DWI arrest. First, if you appear intoxicated based on field sobriety testing, you will be arrested. Second, if your portable breath test or the Breathalyzer at the station shows a BAC of 0.08%, you will be arrested. The latter trigger is known as per se theory, which allows the State to pursue a DWI conviction based on the reported alcohol concentration even when the parties dispute whether the driver appeared intoxicated.
What To Do During Booking?
After the officer decides to arrest you, you will be taken to the police station for booking. Remain calm andrespectful during this entire process.
This is where the officer will have you take a second breath test on a large machine called the Intoxilyzer. If you refuse this test, you will certainly be charged with a Refusal to Submit to Chemical Test. Our advice is to comply with the officer’s instructions and take this test.
Do I Have The Right to an Independent Test?
Sometimes, the police will request that your blood be tested. In Arkansas, a warrant supported by probable cause isrequired for a blood test to be administered — it is okay to ask if they have a warrant. If they don’t, you don’t have to submit to a blood test (Arkansas Code § 5-65-202(c).). Additionally, you have the right to request an independent chemical test from a medical provider, and the officers must help you get one (Arkansas Code § 5-65-204(d)).
Play #2 — Research A DWI Attorney Near You
After you finish booking, two processes are activated simultaneously — criminal court procedure including plea and arraignment, bond, and a jury trial, and an administrative license suspension procedure. With a first DWI offense in Arkansas, you are immediately facing significant penalties, including jail time and a 6-month license suspension. While public defenders are available, it is wise to explore private attorney options. You want to find the best representation possible to help you get a favorable result on your case
Criminal Penalties
For a first DWI offense, Arkansas treats the charge as an unclassified misdemeanor.
- 24 hours to one year in jail
- At least 30 days of community service (Arkansas Code § 5-65-111(a)(1)(A)).
- If a passenger under 16 was present, the minimum jail time increases to seven days, with at least 60 days of community service.
- For a first underage DUI, jail time is not required, but alcohol education attendance is required. The fine ranges from $150 to $1,000 under Arkansas Code § 5-65-112(1)
- A first offense DUI fine might range from $100 to $500 under Arkansas Code § 5-65-305(a)(1).
Administrative Penalties
For a first DWI offense, administrative penalties look like:
- Payment of court costs – $300
- Mandatory alcohol education or treatment program and payment of applicable fees – $125 – $150
- Mandatory victim impact panel attendance and payment of applicable fees – $40 – $50
- Installation of ignition interlock in your vehicle: $200 installation fee, with monthly payments of $80 per month.
- Payment of license reinstatement fee ($150 for a DWI, $25 for a DUI)
- 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.
- Six-month suspension, during which time you can drive on a suspended license so long as you have an ignition interlock installed in your car (Arkansas Code § 5-64-104(a)(2)(A)(i)(a-c)).
Play #3 – Schedule And Appear at Your Administrative Hearing Within 7 Days
What To Do With Pink Forms
Keep one copy — this is your temporary license for 30 days. Do not loose it — this is your ticket to driving while your case is pending.
Fill out the second copy and submit to DFA seven (7) days after your arrest. This schedules your hearing to contest license suspension.
What Happens At the Hearing to Contest License Suspension?
The suspension officer will either suspend your license, or they won’t. This is based on a number of facts surrounding the execution of the stop, search, testing, and arrest such as reasonable grounds, operation or actual physical control, the chemical test or alleged refusal, required warnings, and testing procedures. If your license is still suspended during this hearing, you are entitled to a restricted license upon installation of an ignition interlock device (Arkansas Code § 5-65-402(a)(8)(D-F)).
We have all of our clients appear at this hearing, to ensure that they are able to stay on the road for work and essential travel.
A Lower Standard During the Driver’s License Hearing
The burden of proof is on the state, and the decision is based on preponderance of the evidence – i.e., that it is more likely than not that the claim they put forward is true.
This is lower than the beyond-a-reasonable-doubt standard used in the criminal case, and it is therefore easier for the State to successfully suspend a license (Arkansas Code § 5-65-402(a)(8)(C)).
With that said, the Office of Driver Services doesn’t always win at the hearing. They may also rescind the suspension at any time. That’s why our attorneys focus heavily on getting ready for the DWI trial, with the goal of dismissing the charge entirely so that your license can be completely reinstated.
Play #4 — Obtain A Temporary License For Your Suspension Period
How Do I Drive Legally For My DWI License Suspension
After you appear at your license sentencing hearing and the 30-day temporary license is expired, you are entitled to an ignition-interlock temporary drivers permit, which requires you to install an ignition interlock device in your vehicle. This permit lasts until the end of your suspension period — 6 months for a first DWI offense — and allows you to drive for work and other essential travel (Arkansas Code § 5-65-402(b)). You must coordinate with an independent ignition interlock retailer to obtain the device, and then with the Office of Driver Control to obtain the license.
Are License Suspension Rules Different For DWI Drugs?
Drug-related DWI suspensions do not require the installation of an ignition interlock device (Arkansas Code § 5-65-118(a)(1)(A)(iii); Arkansas Code § 5-65-118(a)(1)(B)(iii)).
Instead, if the DWI/DUI drugs defendant would like to drive, they will need to request a restricted driving permit as underlined in § 5-65-120.
Under this statute, a restricted driving permit is restricted to certain times and circumstances of use, and the granting of this permit is completely discretionary. The following should be proved:
- The denial of said license would cause “extreme and unusual” hardship
- The defendant is not a multiple traffic law offender
- The defendant does not present a threat to the general public
- Transportation to work, school, alcohol education program, or a hospital or clinic does not exist.
Play #5 — Plead "Not Guilty" At Plea and Arraignment
Your DWI plea and arraignment is a simple yet important step in the Arkansas DWI process.
You will provide your plea for the charge – guilty, or not guilty. Our advice is to always plea not guilty if you are planning on hiring a private attorney to help you with the case. This will allow you and your attorney to seek a dismissal of the charge or other favorable outcomes.
This is also where your bond will be set. It is very rare for you to post a bond for a DWI first offense. Most of our clients are released on an OR (own recognizance) bond, which means they are released from posting a bail dependent on their written promise to appear in court when they are required to do so. From there, the DWI attorney you hire will begin to prepare you for your trial date.
Play #6 — Complete Required Classes To Get Your License Back
License reinstatement requires completion of an approved alcohol education or treatment program, a victim impact panel when applicable, payment of reinstatement fees, and satisfaction of ignition-interlock requirements. If the case results in a dismissal or acquittal, the defendant would not have to complete the class, pay the fines, 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 (Arkansas Code § 5-65-104(b)(1)(A); Arkansas Code § 5-65-121(a)(1)).
Similarly, if an underaged driver catches a possession of liquor by a minor, DUI, or DUI refusal-of-chemical-test charge, they must complete an alcohol and driving ed program for underaged drivers before permit or license reinstatement is made available. For each additional violation of DUI-related offense during your license suspension, you are required to complete additional educational hours (Arkansas Code § 5-65-307(a)(1)(A); Arkansas Code § 5-65-307(a)(1)(B)).
Play #7 – Prep For Trial With Your Attorney
If you decide to hire an attorney, they will hold one or multiple meetings with you to help prepare you for your DWI trial date. That will include preparing you to take the witness stand, reviewing discovery files and videos together, anticipating how the prosecution will attack the case, and guiding you through the common procedures and dress-code expectations.
Play #8 — Take Your DWI Case to Trial and Seek Dismissal
A DWI arrest is an accusation, not proof of guilt. The available issues depend on the evidence, but a trial defense review typically covers the following:
- Did the officer have a lawful basis for the stop, detention, or encounter?
- Did the officer have probable cause to arrest?
- Was the person driving or in actual physical control? (Arkansas Code § 5-65-103(a)(1-2)).
- Do the observations establish statutory intoxication? (Arkansas Code § 5-65-102(4))
- Were field sobriety tests properly instructed, administered, scored, and recorded?
- Was the chemical test lawfully requested and collected? (Arkansas Code § 5-65-202(a)(1))
- Did the State obtain a warrant to take a blood test? (Arkansas Code § 5-65-310(a)(1)(A-C); Arkansas Code § 5-65-202(c))
- Did the State follow approved testing methods and certification requirements? (Arkansas Code § 5-65-204(b)(1)(a))
- Did officers advise the person of the right to an independent test and provide reasonable assistance? (Arkansas Code § 5-65-204(d))
- Can the State authenticate the sample, records, instrument, and result? (Arkansas Code § 5-65-204(b)(1)(a))
- Do body-camera, dash-camera, dispatch, and witness evidence match the written report?
- Can the State prove every prior offense offered for enhancement?
No single defense applies to every Arkansas DWI case. Ludwig and Warden PLC identifies the issues supported by the record, files the appropriate motions, and prepares to litigate disputed facts and law.
Play #9 — Expunge The Record After The 10-Year Waiting Period
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.
Read our Arkansas DWI Expungement and Record-Sealing Guide for eligibility rules, waiting periods, required documents, filing procedure, objections, and the legal effect of a sealing order.
This law firm worked to get my dui and public intoxication dismissed.
P.R.
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
Ready To Make A Play On Your DWI Case?
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 FIRST OFFENSE DWI
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.
Is a First-Offense DWI a Felony in Arkansas in 2026?
No. In Arkansas, a first-offense DWI is an unclassified misdemeanor, with a fine of up to $1,000 and up to one year in jail. You would have to be charged with four DWI offenses within 10 years to be found guilty of an unclassified felony in Arkansas.
Can a First-Time DWI Be Dismissed?
Absolutely, but it depends on the facts, and there are never any guarantees. The reason why people ask this question is because there are no plea deals available for DWIs - you either plea guilty, or take it to trial and try to prove your innocence. A good, ethical attorney focuses on exposing weaknesses in the State's case in order to secure the best result possible at trial.
Is a DWI Worse Than a DUI in Arkansas?
Yes. In Arkansas, a DWI is more severe than a DUI. The two are actually separate charges: DWI (driving while intoxicated) is for adults 21 years and older and results in prison time and $1k fines, and DUI (driving under influence) is for underaged drivers and results in community service and minor fines. The BAC limit for a DWI is 0.08%, while the limit for a DUI is significantly lower at 0.02%.
How Much is a DWI Ticket in Arkansas?
What many people don't realize is that a DWI is much more than a ticket - it is a criminal charge that results in up to $7k in fines and administrative fees, as well as up to a year in jail for your first offense.
How Long Does a DWI Stay on Your Driving Record in Arkansas?
Unless a DWI attorney helps you to dismiss the case, your DWI will stay on your driving record for 10 years after your conviction date.
Can a DWI Be Expunged in Arkansas?
Yes, you can expunge your DWI in Arkansas, but there is a 10-year waiting period before you are eligible to do this.
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.