DWI 2nd Offense Lawyer
An Arkansas Misdemeanor With Enhanced Penalties
In Arkansas, the criminal look-back period is 10 years for a DWI. That means if you catch a DWI 2nd offense within 10 years of the first, you’re looking at another criminal charge on your record that brings increased fines, longer license suspension, and a harsher prison sentence. The prosecutors will also pursue a second offense DWI case more aggressively, since it’s considered a habitual offense.
If you want to defend yourself against the full legal consequences of your second DWI in Little Rock, a DWI lawyer is absolutely essential. Learn more about what you’re facing, and why calling one of our attorneys is the best next step.
DWI 2nd Offense: Law & Arrest
Under Arkansas Code § 5-65-103, it is illegal to operate or be in actual physical control of a motor vehicle while intoxicated.
You can be charged with a second DWI if:
- Your BAC is 0.08% or higher, or
- Law enforcement claims impairment due to alcohol, drugs, or a combination of both
- You were in “actual physical control” of a vehicle, even if you were not driving
If an officer has reasonable suspicion to stop you and probable cause to arrest you for a DWI for a second time within 10 years, you’ll be handcuffed and transported. The officer will likely tell you that you will have to take a chemical test – you must agree to this, or you will be charged with Refusal to Submit. If this is your second Refusal to Submit in 5 years, the DFA will automatically impose a 2-year license suspension, which is much harsher than the baseline suspension period.
Do You Have a Right To An Independent Test?
Absolutely. The arresting officer must advise you of the right to obtain an independent chemical test and must reasonably assist in obtaining it. If officers fail to provide that notice or prevent the person from obtaining an independent test, evidence from the state’s chemical test may be excluded. Upon request, the person or the person’s attorney is also entitled to receive complete information concerning the chemical testing performed (§ 5-65-204).
Officers rarely clearly define this option during the arrest, so it is not widely known. We use this failure to strengthen your defense.
Booking and Release
Once you arrive at the station, this is typically when the officer asks you to take a chemical test, which is taken on an Intoxilyzer 8000. Again – if you refuse this test, your license will be suspended immediately for two (2) years, and the refusal can be used as evidence at trial (§ 5-65-202).
Most first-offense DWI defendants are released by the end of the day on bond – the type of bond depends, ranging from signature to case or surety.
Before you leave the jail, your arresting officer is supposed to:
- Confiscate your physical driver’s license
- Issue a Notice of Suspension/Revocation
- Provide a 30-day temporary driving permit
Do Out-Of-State DWIs Count As Prior Offenses?
For purposes of enhancing administrative suspension penalties, Arkansas law recognizes prior lawful DWI convictions in Arkansas or another state (including negligent homicide convictions involving intoxicated operation of a motor vehicle or motorboat), as well as prior administrative suspension or revocation resulting from a DWI arrest, provided the person was not later acquitted of the underlying criminal charge. (5-65-104(a)(4)(A)(i)(ii) and 5-65-104(a)(4)(B)).
Second DWI = Two Separate Cases
A DWI arrest activates both an administrative and criminal case. The administrative penalties begin immediately, starting with the seizure of the driver’s license, and the 7-day deadline to request an administrative hearing to contest license suspension. The criminal case begins with the scheduling of the first court date – plea and arraignment.
These two cases are completely independent from each other. You can win one and lose the other – for example, your license can be suspended in the administrative hearing, but you can beat the charge in court to get it back.
For a second offense, you are still able to apply for a restricted driver’s license, which requires the installation of an ignition interlock device.
Criminal
Handled through state courts, the criminal side determines whether you committed an offense under Arkansas law. It follows traditional court procedures—arraignment, discovery, potential trial, or plea negotiations. Because the burden of proof is high, the state must prove every element beyond a reasonable doubt. Penalties include potential jail time, monetary fines, community service, and a permanent criminal record.
Administrative
Handled by the Arkansas DFA, this is a civil proceeding purely concerned with your driving privileges. It includes an immediate license suspension upon arrest, the opportunity for a hearing to contest your license suspension, obtaining an ignition interlock device for your vehicle in order to drive during the suspension period, and completing all of the required classes to be eligible for license reinstatement.
DWI 2nd Offense Penalties
Criminal Penalties
A second DWI occurring within ten years of the first offense is an unclassified misdemeanor.
Mandatory jail time — Ranges from seven days to one year. If a passenger under sixteen was present, the minimum increases to thirty days.
Public Service: The court may substitute public service for imprisonment, but the public-service period must last at least thirty days. When a passenger under sixteen was present, the minimum public-service period increases to sixty days. The court must state in writing why it ordered public service instead of imprisonment.
Fines: For purposes of the fine statute, a second offense occurring within five years of the first carries a fine of at least $400 and no more than $3,000.
Administrative Penalties: License Suspension and Ignition Interlock
If you are convicted of a second offense within five years of the first, the DFA will impose a twenty-four-month (2-year) driver’s license suspension.
Upon attendance of the Administrative Hearing to Contest Drivers License Suspension, you may be entitled to install an ignition interlock device in your car and continue to drive on a restricted license.
DWI 2nd Restoration of Driving Privileges — Fees, Classes and Proof of Interlock
Before a suspended or revoked license can be reinstated, the driver must complete a series of statutory and administrative requirements, including approved alcohol education or treatment, required victim-impact programming, ignition interlock obligations, and reinstatement fees. These requirements apply to both DWI (over 21) and DUI (under 21) defendants.
Alcohol Education or Treatment Program
Before reinstatement, Arkansas requires defendants to complete either an alcohol education program or an alcoholism treatment program. Arkansas contracts with several substance abuse treatment services, each one servicing a different area of the state. Defendants don’t have to complete both – they may choose to do the education program or the treatment program.
Once the program is completed, the defendant must provide proof that the required program was completed. Alternatively, the defendant can work with a private attorney to dismiss the charges, which will eliminate the need for this requirement (5-65-104(b)(1)(B)(i)).
Victim Impact Panel
A Victim Impact Panel (VIP) allows victims/witnesses to describe their experience in relation to the defendant’s actions while the defendant is present. A defendant’s attendance, proof of attendance, and payment of the fee is required for them to successfully reinstate their license after suspension.
Fees
A DWI defendant must pay a reinstatement fee totaling $150.00. They can submit their payment online at mydmv.arkansas.gov, or at any Arkansas State Revenue Office. They also must pay any fees related to the required alcohol education program and victim impact panel – up to $125.00and $40.00 respectively per enrollee. For underaged drivers, a fee of twenty-five dollars ($25.00) is required for each DUI occurrence to reinstate their license.
Proof Of Interlock
5-65-118(b)(5)(B) stipulates that you must show proof of ignition interlock installation before you can reinstate your driving privileges after the suspension period is complete.
Will I Go to Jail For My Second DWI?
At the end of the day, the State’s goal is to eliminate habitual offenses. Their strategy is to jack up the jail time and pursue the charges more aggressively. So…yes, jail time is far more likely. Even community service requirements are increased — at least 30 days are required in leu of jail time.
Factors that can affect jail exposure include:
- Your BAC level
- Whether anyone was injured
- Whether property damage occurred
- The amount of time between your first and second DWI
- The court handling your case
An experienced DWI attorney can help you navigate the community service, home monitoring, treatment programs,
Arkansas DWI Arraignment And The Not-Guilty Plea
At arraignment, the court advises the accused of the charges and penalties, and asks for a plea. A not-guilty plea preserves the right to examine the evidence, challenge the State’s case, negotiate if appropriate, and proceed to trial.
You’ll Learn The Penalties For a DWI 2 in Arkansas
Arkansas DWI laws set specific penalties for second-time offenders, though judges have discretion within these ranges.
You'll Make Your Plea
Pleading “not guilty” does not mean you are lying, or challenging the authority of the State. Doing so simply requires the prosecutor to carry the constitutional burden of proving guilt beyond a reasonable doubt.
You'll Take It to Trial
Arkansas does not permit a court to place a DWI defendant into the ordinary first-time-offender probation program before adjudication. Ark. Code Ann. § 5-65-108 specifically excludes DWI charges from that procedure. This means that DWIs must be tried in court.
Facing legal challenges is incredibly stressful, but your aggressive litigating style, meticulous preparation, and courtroom advocacy completely changed the experience for me.
A.J.
Evidence A DWI 2nd Offense Lawyer Will Review
After arraignment, the defense obtains discovery. Depending on the case, discovery may include:
- Officer reports and handwritten notes
- Dash-camera and body-camera recordings
- Dispatch records and 911 calls
- Field sobriety test evidence
- Breath-testing records
- Blood, urine, or saliva laboratory reports
- Machine maintenance and calibration documents
- Witness statements
- Photographs and collision evidence
- Medical records relevant to observed symptoms
The defense compares the report against the recordings and physical evidence. An officer may characterize movement as poor balance even though video shows an injury, uneven terrain, unsuitable footwear, confusing instructions, anxiety, fatigue, or substantially better performance than the written report suggests.
DWI 2nd Motions & Defenses
The officer lawfully stopped or detained the driver
The officer had probable cause to arrest
The accused actually operated or controlled the vehicle (i.e. actual physical control)
Police properly administered field sobriety exercises
Medical or environmental factors explained the observations
Police complied with chemical-testing procedures
Preparing a DWI 2nd Offense For Trial in Arkansas
Trial preparation for a DWI 2nd offense 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.
ARKANSAS DWI SECOND OFFENSE
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 DWI defense. Call our office today for your free consultation.
How Long Does a Second DWI Stay on Your Record in Arkansas?
Today in 2026, there is a 10-year waiting period to seal convictions for misdemeanor Driving While Intoxicated offenses (that's your first offense through your third offense). This comes from Act 1060 (2021), which amended Arkansas Code Ann § 5-65-111, changing the “look-back” period and mandatory waiting period for misdemeanor DWI charges from 5 years to 10 years.
Is Jail Mandatory For a Second DWI in Arkansas?
Arkansas law imposes a jail time range for second DWI convictions: 7 days to one year. Several factors contribute to the judge's decision, such as your BAC level, whether an accident occurred, and whether or not your refused a test. Our DWI attorneys can work to achieve other sentencing options, including community service or participation in treatment programs.
Will I Lose my Driver’s License for a Second DWI?
Your license will almost certainly be suspended for a second DWI offense, and the administrative suspension period is two years. Arkansas drivers are entitled to an ignition interlock restricted license, which allows for travel to and from work and other essential places.
Can a Second DWI Be Reduced or Dismissed?
A prosecutor or court may dismiss a charge if they are unable to prove beyond a reasonable doubt that someone committed a DWI offense. A defense attorney may use evidentiary defects, suppression rulings, lack of proof, or failure to establish an element to support a dismissal.
What Happens If I Win My Arkansas DWI Trial?
The court enters an acquittal, and the State cannot impose criminal punishment for that DWI charge. The acquittal may also require reversal of the related administrative suspension and reinstatement of driving privileges through the applicable process.
Your Choice of Representation Matters
A DWI 2nd 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 second 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.