DWI vs. DUI in Arkansas: What’s the Difference?

Learn the difference between DUI and DWI in Arkansas, including penalties, age requirements, and why Ludwig Law Firm’s trial experience matters.

DWI/DUI

Ludwig Law Firm

10/6/20253 min read

How Arkansas Defines DWI vs. DUI

  • DWI (Driving While Intoxicated): Applies to drivers 21 and older who operate a
    vehicle while impaired by alcohol, drugs, or a combination. A blood alcohol content
    (BAC) of 0.08% or higher is enough for a DWI.

  • DUI (Driving Under the Influence): Applies only to drivers under 21. A BAC of 0.02%
    or higher can trigger a DUI charge, even without signs of obvious intoxication.

Drivers in Arkansas often hear both “DUI” and “DWI” and assume they mean the same thing. While both involve impaired driving, Arkansas law treats them differently depending on age and impairment.

As always - if you have a legal question you want answered in a future blog, submit it via the form on this page. Now, let's dive in!

Arkansas Penalties: DUI vs. DWI

Have a DWI or DUI? 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 501-838-4043 or visit our DWI defense page.

📞 Call Ludwig Law Firm today at 501-838-4043
🌐 Visit us at ludwiglawfirm.com
📍 Proudly serving clients across Arkansas

Disclaimer: The information provided in this blog is for general informational purposes only and is not intended as legal advice. Reading this blog 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.

Why the Difference Matters

The distinction between DUI and DWI isn’t just about age. Penalties escalate quickly for repeat offenses, and convictions create records that affect education, employment, and future driving privileges.

Ludwig’s Strategic Advantage: Why Our Arkansas Defense Lawyers Simply Win

Our firm tries cases in front of a jury all the time. That trial-tested reputation matters in DUI and DWI cases, where evidence like breathalyzer tests and traffic stop procedures can be challenged. For more than 43 years, Ludwig Law Firm has defended Arkansans facing charges in fast-moving courts.

When additional trial strength is needed, we partner with Harry Warden, a Little Rock criminal defense lawyer. Together, Ludwig and Warden Law Firms deliver the full spectrum of defense: thoughtful guidance and bold trial advocacy.

Why Arkansans Choose Ludwig DWI/DUI Defense

Arkansas Criminal Defense Attorney Kale Ludwig stands in front of the Arkansas Capitol Building.
Arkansas Criminal Defense Attorney Kale Ludwig stands in front of the Arkansas Capitol Building.

Frequently Asked Questions

Is a DUI less serious than a DWI in Arkansas?
Not necessarily. Both carry fines, suspensions, and can affect your record.

Can someone under 21 get a DWI in Arkansas?
Yes, if their BAC is 0.08% or higher. Otherwise, they are usually charged with DUI.

Does a DUI or DWI stay on your record forever?
It depends on the case. Some convictions may be eligible for sealing under Arkansas law.

Arkansas Historic Supreme Court seats sit empty. This courthouse was established in 1836.
Arkansas Historic Supreme Court seats sit empty. This courthouse was established in 1836.