What Makes a DWI a Felony in Arkansas?

In Arkansas, a fourth DWI within 10 years is a felony with 1–6 years possible. Fifth and sixth offenses bring harsher felony ranges. Learn how Arkansas law defines felony DWI and related charges.

DWI/DUI

Ludwig Law Firm

10/7/20253 min read

Arkansas felony thresholds, explained by Arkansas DWI lawyers

Arkansas sets felony status by the number of prior DWI convictions and the lookback period:

A fourth DWI within ten years is a felony in Arkansas with 1 to 6 years of prison time possible. A fifth within ten years raises the range to 2 to 10 years, and a sixth within twenty years is a Class B felony with an even higher range. Separate from repeat counts, a DWI that causes a fatal crash can lead to felony negligent homicide charges.

As always - if you have a legal question you want answered in a future blog, submit it via the form on this page. If you need an attorney immediately, call 501-838-4043 to get connected with one. Now, let's dive in!

Acting Fast Can Help Your Case

Arkansas DWI cases move quickly. Early action helps protect license options and preserves crucial evidence. If you face a possible felony DWI count, call Ludwig Law Firm at 501-838-4043 or visit our DWI and DUI page.

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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.

When Arkansas DWI becomes a different felony

If an impaired driver causes a fatal crash, prosecutors may file negligent homicide. When DWI is the cause listed in the statute, negligent homicide is a Class B felony. That charge sits outside the repeat-offense pathway above and carries its own penalties.

Why this matters in Little Rock and across Arkansas

Felony status increases prison exposure, affects voting and firearm rights, and impacts employment and housing. It also raises license-loss timelines and can affect vehicle forfeiture exposure in some repeat scenarios. Understanding the count and the lookback is critical.

Ludwig’s Strategic Advantage: Why Our Arkansas defense lawyers simply win

Our firm tries cases in front of a jury all the time. In repeat-offense and catastrophic-injury DWI cases, that track record matters. For more than 43 years, Ludwig Law Firm has navigated Arkansas DWI statutes, sentencing ranges, and enhancement rules.

When a case calls for added trial strength, we partner with Harry Warden, a Little Rock criminal defense lawyer. Together, Ludwig and Warden Law Firms bring client care and courtroom power across Arkansas.

Why Arkansans Choose Ludwig DWI/DUI Lawyers

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 fourth DWI always a felony in Arkansas?
Yes. A fourth within ten years is an unclassified felony with 1–6 years possible.

What about a fifth or sixth DWI?
A fifth within ten years is an unclassified felony with 2–10 years. A sixth within twenty years is a Class B felony.

Can a first-time DWI be a felony?
Not for repeat-offense counting, but if a DWI crash causes a fatality, prosecutors may charge felony negligent homicide.

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.