How Many Days in Jail for a BWI?

BWI penalties are outlined in Ark. Code § 5-65-103 and mirror many DWI penalties. Jail time for a first-offense BWIcan include:

• Minimum of 24 hours in jail

• Up to one year in jail for a misdemeanor conviction

• Higher penalties for repeat offenses or if minors were on board

Repeat BWI offenders face enhanced penalties, just like repeat DWI offenders.

How a BWI Is Different from a DWI in Arkansas

A Boating While Intoxicated (BWI) charge in Arkansas is just as serious as a DWI. Whether you're operating a fishing boat on Lake Ouachita or a jet ski on the Arkansas River, a BWI arrest can lead to jail time, fines, and a criminal record.

In most cases, you're arrested by an officer from the Arkansas Game and Fish Commission or another law enforcement agency. You’ll be taken to jail, booked, and given a court date. Your boat may be towed or held, and you may be subject to a chemical test under Arkansas’s implied consent law for boating.

At Ludwig Law Firm, we help people fight BWI charges and protect their reputations, boating rights, and livelihoods.

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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.

Even though your driver's license isn’t directly affected, a BWI can still:

• Show up in criminal background checks

• Impact future job opportunities

• Count as a prior conviction if you get a DWI later

License Suspension and Penalties for BWI

Unlike a DWI, a BWI does not suspend your Arkansas driver’s license, but the penalties are still severe:

• Fines of up to $1,000 for a first offense

• Mandatory alcohol education classes

• Community service

• Jail time depending on prior convictions

If the offense involves serious injury or death, you could face felony charges and long-term imprisonment.

How a Lawyer Can Fight BWI Charges

BWI cases may seem straightforward, but defenses do exist—and they’re often successful. We look for:

• Improper arrest procedures by wildlife officers

• Faulty breathalyzer or blood test administration

• Lack of probable cause for the stop

• Inaccurate field sobriety tests conducted on watercraft or docks

At Ludwig Law, we don’t assume guilt. We examine every part of the arrest. We also frequently collaborate with trial-ready firms like Warden Law Firm when a case requires a fast-moving courtroom strategy. When a client needs both finesse and firepower, a Ludwig and Warden partnership is the best option.