The Complete Guide to Arkansas DWI/DUI Laws and Penalties
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The Complete Guide to Arkansas DWI/DUI Laws and Penalties
Arkansas DUI/DWI penalties, costs and punishments vary based on the number of prior charges on your record, and whether anyone was injured.
Most driving while intoxicated arrests are prosecuted as a misdemeanor DWI, but a 4th DWI or a DWI with an injury will result in a felony charge by the prosecution.
There is a 10-year look-back period per the 2024-2025 Arkansas laws – once a DWI or DUI charge is more than 10 years old, it is not considered a prior conviction, thus is not a factor when deciding whether your next charge is a felony or not.
For 43+ years, we have won a wide range of criminal cases, including DWI/DUI, violent crimes, property crimes, and drug offenses. If you need legal help, submit your case via the form on this page, or call 501-838-4043. Otherwise, read on!
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How much does a DUI cost? Arkansas DWI fines range from $150 to $1,000 plus penalty assessments and fees that can raise the total cost to $15,000+, depending on your DWI charge. DWI with injury or property damage may also require you to pay those who were injured.
Arkansas DWI/DUI penalties can be avoided or reduced
Most DUI consequences outlined below can either be reduced or eliminated if DUI charges are dismissed or reduced to a lesser offense. To do this, you will need to work with an experienced DWI/DUI attorney.
For example, if you act quickly and call our office, a skilled DWI/DUI lawyer can request a DMV hearing to save your license, and use trial-proven defense strategies to secure a positive outcome to your case.
Collateral consequences of Arkansas DWI/DUIs
Arkansas DUIs/DWIs can affect professional licenses, insurance and certifications.
Mandatory ignition interlock device installation is required.
Auto insurance costs go up and trigger SR22 requirements.
Job applicants are usually asked about prior convictions and background checks will show them unless the conviction has been expunged.
DWI/DUI Arkansas convictions can affect university admission decisions and qualifying for financial aid.
Non-US citizens must explain DUI arrest details when asked by DHS when applying for visas, change of status, green cards or entering the US.
To learn more, consult a Pulaski County DUI attorney for a Free review of your case.
Penalties for DWI/DUI convictions
First DWI/DUI in Arkansas
Fine for first DWI: A first misdemeanor DWI in Arkansas carries a fine between $150 and $1,000, plus court costs and administrative fees that can raise the total to over $2,000 depending on the county and court.
First DWI jail time: Up to one year in jail, though most first-time offenders receive a suspended sentence, probation, or mandatory treatment instead of full incarceration.
License: The Arkansas Department of Finance and Administration (DFA) automatically suspends a driver’s license for six months for a first DWI. If the driver refuses a chemical test, the suspension increases to 180 days to one year, depending on prior refusals. Drivers may be eligible for a restricted ignition interlock license to drive to and from work, school, or treatment after the first 30 days of suspension.
Education: First-time offenders are typically required to complete an alcohol education or treatment program approved by the Arkansas Department of Health or the court.
Vehicle: Installation of an ignition interlock device (IID) is required for at least six months following license reinstatement.
Second DWI/DUI in Arkansas
For a misdemeanor second-offense DWI in Arkansas, the consequences and penalties are as follows:
Fines and fees: A second DWI in Arkansas carries a fine between $400 and $3,000, plus court costs and administrative fees that can raise the total to more than $4,000, depending on the jurisdiction and court costs.
Second DWI jail time: Punishable by a minimum of 7 days and up to 1 year in jail. Courts may allow participation in an approved treatment program in lieu of part of the jail sentence.
License: The Arkansas Department of Finance and Administration (DFA) imposes a 24-month license suspension for a second offense within five years of the first. If the driver refused a chemical test, the suspension is two years. After 45 days of “hard suspension,” eligible drivers may apply for an ignition interlock restricted license for limited driving purposes (work, school, treatment).
Education: Second-time offenders may be allowed to complete an alcohol education or treatment program approved by the Arkansas Department of Health or the sentencing court. Completion of a longer program is common for repeat offenses.
Vehicle: Second DWI consequences include mandatory installation of an ignition interlock device (IID) in the offender’s vehicle.
Third DWI/DUI in Arkansas
A third DWI conviction in Arkansas is a misdemeanor with the following consequences and penalties:
Fines and fees: A third misdemeanor DWI in Arkansas carries a fine between $900 and $5,000, plus court costs and administrative fees that can increase the total to over $6,000, depending on the jurisdiction.
Third DWI jail time: Punishable by a minimum of 90 days and up to 1 year in jail. Courts may authorize participation in a certified residential treatment program in lieu of part of the jail sentence, but at least 90 days of confinement is mandatory.
License: The Arkansas Department of Finance and Administration (DFA) imposes a 30-month driver’s license revocation for a third offense within five years of the first. If the driver refused a chemical test, the revocation extends to three years. After 45 days of “hard suspension,” offenders may apply for a restricted ignition interlock license for limited driving purposes (such as work, school, or treatment).
Education: A third DWI comes with the requirement to complete a long-term alcohol or substance abuse treatment program approved by the Arkansas Department of Health or the court, with the goal of working to gain their license back.
Vehicle: Third DWI consequences include mandatory installation of an ignition interlock device (IID) in the offender’s vehicle for a minimum of two years following license reinstatement. This is in line with the State’s requirement of having an ignition interlock device installed in their vehicle for a period equal to the driver’s license suspension time. In this case, 30 months, or more than two years.
Fourth DWI/DUI in Arkansas (Felony)
A fourth or subsequent DWI offense within five years is typically charged as a Class D felony in Arkansas, carrying the following penalties:
Fines and fees: Fines range from $900 to $5,000, plus court costs and administrative fees that can raise the total to more than $6,000, depending on the county and court.
Fourth DWI jail time: A fourth DWI in Arkansas is punishable by a minimum of one year and up to six years in state prison. If the offender has prior felony DWI convictions, the sentence can increase further under habitual offender statutes
License: The Arkansas Department of Finance and Administration (DFA) revokes a driver’s license for four years for a fourth DWI offense within five years. In some cases, the revocation may be permanent if aggravating factors exist, such as a prior felony DWI or a refusal to submit to a chemical test.
Education: Defendants must complete a mandatory alcohol education or treatment program approved by the Arkansas Department of Health or ordered by the court.
Vehicle: Fourth-offense DWI consequences include mandatory installation of an ignition interlock device (IID) in the offender’s vehicle for at least three years if they qualify for a restricted driving permit following revocation.
Record: A fourth DWI conviction results in felony status, which can permanently affect employment, housing, and firearm rights.
Arkansas uses a five-year “look-back period” to determine whether prior convictions count toward felony DWI status. This period is based on the dates of prior DWI offenses, not conviction dates.
Convictions that count as “priorable offenses” in Arkansas include:
Driving while intoxicated (alcohol or drugs)
Operating a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher
DWI involving an injury or death
“Wet reckless” or reduced DWI-related pleas
Given the serious consequences of a felony DWI conviction, it is critical to consult an experienced Arkansas DWI defense lawyer immediately to develop a strong defense strategy and protect your rights.
DWI/DUI with Injury in Arkansas
When someone is injured in a DWI-related crash, defendants face much more severe penalties than for a standard DWI. A DWI causing injury in Arkansas can be a felony offense, and since the Arkansas Code classifies DWI felonies as a Class B felony, this has the potential to put you in jail for 20 years. 21
Fines and fees: Fines vary depending on the degree of the felony, plus court costs and penalty assessments. You’re looking at a potential total financial impact of more than $12,000.
Restitution: Defendants are liable for restitution to all injured parties, including payment for medical expenses, lost wages, and property damage, as ordered by the court.
Felony DWI jail time: A felony DWI – which is typically Class B – in Arkansas carries a minimum of five years and up to twenty years in state prison.
License: The Arkansas Department of Finance and Administration (DFA) can revoke a driver’s license for up to five years, and in cases involving serious injury or repeat offenses, the revocation may be permanent.
Probation and education: Defendants must complete a mandatory alcohol education or treatment program approved by the Arkansas Department of Health or court.
Vehicle: Felony DWI convictions include mandatory installation of an ignition interlock device (IID) for three years if the offender later qualifies for restricted driving privileges.
Record: A conviction for felony DWI with bodily injury results in permanent felon status, which can affect employment, professional licensing, firearm rights, and future sentencing exposure.
DWI/DUI Resulting in Fatality in Arkansas
A DWI causing death in Arkansas exposes the defendant to prosecution for negligent homicide or manslaughter—both serious felony offenses that carry severe prison sentences and lifelong consequences.
Depending on the facts and the driver’s conduct, prosecutors may pursue one of the following charges:
Negligent homicide while intoxicated – Arkansas Code § 5-10-105(a)(1)(A): Causing the death of another person as a result of operating a vehicle while intoxicated or with a BAC of 0.08% or higher.
Manslaughter – Arkansas Code § 5-10-104(a)(3): Recklessly causing the death of another person, which some can attribute to actions such as driving drunk at high speeds or with prior DWI convictions.
Aggravated vehicular homicide (habitual offender enhancement): A driver with multiple prior DWI convictions (i.e. a DWI felony) who causes a death may face enhanced felony sentencing, including extended imprisonment under habitual offender laws.
Penalties:
Negligent homicide while intoxicated is a Class B felony, punishable by 5 to 20 years in state prison and fines up to $15,000.
Manslaughter is a Class C felony, carrying 3 to 10 years in prison and fines up to $10,000.
Additionally, State v. Colvin set a precedent for elevated homicide charges in repeat DWI cases, making this charge even more catastrophic for offenders.
BWI in Arkansas
A Boating While Intoxicated (BWI) charge in Arkansas is treated similarly to a DWI on the road. Under Arkansas law, it is illegal to operate any motorized watercraft while under the influence of alcohol, drugs, or any intoxicating substance that impairs the ability to safely operate a vessel.
Fines and fees: A first-offense BWI in Arkansas carries a fine between $150 and $1,000, plus court costs and fees that can exceed $2,000, depending on the county and court. Repeat offenses substantially increase fines—up to $5,000 for subsequent convictions.
BWI jail time: A first-offense BWI is punishable by up to one year in jail, though courts often impose probation, community service, or treatment for first-time offenders. A second or third offense within five years can lead to mandatory jail sentences ranging from 7 days to 1 year.
License and boating privileges: The Arkansas Department of Finance and Administration (DFA) and Arkansas Game and Fish Commission (AGFC) may suspend boating privileges for six months after a first offense. A second offense results in a two-year suspension, and a third offense can lead to permanent revocation of boating privileges. These suspensions are separate from any driver’s license penalties.
Probation and education: Courts typically impose six months to one year of probation for first-time offenders and require completion of an alcohol education or boating safety course approved by the Arkansas Department of Health and AGFC.
Vehicle (Watercraft): While ignition interlock devices (IIDs) are not typically required for boats, repeat offenders may face court-ordered alcohol monitoring conditions as part of probation or restricted boating privileges.
Record: A BWI conviction appears on the defendant’s criminal record and can affect professional licensing, insurance rates, and employment, particularly for commercial or maritime operators.
CDL DWI in Arkansas
A Commercial Driver’s License (CDL) DWI in Arkansas carries far harsher consequences than a standard DWI. Because commercial drivers are held to stricter safety standards, they can be charged with DWI for operating a commercial motor vehicle with a blood alcohol concentration (BAC) of 0.04% or higher, compared to the 0.08% limit for non-commercial drivers.
Fines and fees: A first-offense CDL DWI carries fines between $150 and $1,000, plus court costs and administrative fees that can exceed $2,000. However, the real penalty lies in the impact on the driver’s career—many commercial drivers lose their jobs after a single DWI conviction.
CDL suspension and disqualification: The Arkansas Department of Finance and Administration (DFA) will disqualify a CDL for one year upon a first DWI conviction or chemical test refusal. If the DWI occurred while transporting hazardous materials, the disqualification increases to three years. A second DWI conviction or test refusal results in a lifetime CDL disqualification, with reinstatement possible only after 10 years under limited circumstances.
Regular driver’s license: In addition to losing CDL privileges, a driver’s non-commercial license will be suspended for at least six months, and in some cases longer if aggravating factors or prior DWIs exist.
Probation and education: CDL holders convicted of DWI must complete a mandatory alcohol education or treatment program and may face one to two years of probation, depending on the court’s discretion and prior offenses.
Employment and record: A CDL DWI conviction becomes part of both the Arkansas Driver Control record and the Federal Motor Carrier Safety Administration (FMCSA) database, known as the Drug and Alcohol Clearinghouse, where it remains visible to all future employers. Even a first offense can permanently end a driver’s ability to work in commercial transportation.
Drug DWI in Arkansas
A Drug DWI (Driving While Intoxicated by Drugs) in Arkansas is treated just as seriously as an alcohol-related DWI. State law prohibits operating or being in actual physical control of a vehicle while under the influence of any controlled substance, prescription medication, or intoxicant that impairs the ability to safely operate a motor vehicle.
Fines and fees: Penalties for a first-time drug DWI are the same as for alcohol-related DWIs—fines between $150 and $1,000, plus court costs, probation fees, and other assessments that can exceed $2,000. Repeat drug DWI offenders face fines up to $5,000 depending on prior convictions.
Jail time: A first-offense drug DWI carries up to one year in jail, with mandatory minimum sentences for repeat offenses (7 days for a second offense, 90 days for a third, and 1 year for a fourth). Courts may substitute drug treatment or rehabilitation programs in place of jail time in some cases.
License suspension: The Arkansas Department of Finance and Administration (DFA) will suspend a driver’s license for six months on a first offense, 24 months for a second, and 30 months for a third. A refusal to submit to a blood or urine test automatically triggers a 180-day to one-year suspension under Arkansas’s implied consent law.
Treatment: Individuals convicted of a drug-related DWI must complete an approved drug education or rehabilitation program. Judges often require random drug testing as a condition of probation.
Vehicle: Like alcohol DWIs, drug DWI offenders may be required to install an ignition interlock device (IID) if alcohol was involved, or, if the offense was purely drug-related, the offender may be eligible for a restricted driving permit based on certain criteria guidelines. A Driver Control Hearing Officer will make the determination.
Record: A drug DWI conviction becomes part of the offender’s criminal and driving record, which can affect employment, professional licensing, and eligibility for certain federal programs or benefits.
Underage DUIs in Arkansas
An Underage DUI (Driving Under the Influence) in Arkansas applies to drivers under 21 years old who operate or are in actual physical control of a vehicle after consuming any amount of alcohol. Under Arkansas Code Annotated § 5-65-303, it is illegal for an underage driver to have a blood alcohol concentration (BAC) between 0.02% and 0.08%while operating a vehicle. This is also known as a zero-tolerance policy.
Fines and fees: An underage DUI conviction carries fines up to $500 for a first offense and $1,000 for a second or subsequent offense, plus court costs, probation supervision, and treatment fees that can significantly increase the total financial burden.
Jail time: While jail time is not mandatory for an underage DUI, judges may impose community service, probation, or juvenile detention depending on the circumstances and BAC level.
License suspension: The Arkansas Department of Finance and Administration (DFA) will suspend the driver’s license for 90 days on a first offense, one year for a second offense, and two years for a third offense. Refusing to take a breath or chemical test results in an automatic 180-day suspension under the state’s implied consent law.
Treatment: All offenders must complete an alcohol education or treatment program approved by the Arkansas Department of Health. Courts may also require attendance at a victim impact panel and impose random alcohol or drug testing during probation.
Vehicle: Underage DUI offenders are typically not required to install an ignition interlock device (IID) unless the offense involved a BAC above 0.08% or repeat violations. In some cases, a restricted license may be granted for school or work-related driving after a portion of the suspension is served.
Record: A conviction for underage DUI creates both a criminal record and a driving record entry with the DFA. This record can affect future employment, college applications, and eligibility for certain professional licenses. Completion of all court requirements may allow an offender to seek expungement after the applicable waiting period.
What are DWI Programs in Pulaski County (Little Rock) Arkansas?
Pulaski County Sobriety Court is a program that exists to improve safety and reduce DWI recidivism. After penalties are imposed, a DWI criminal defense attorney can refer a convicted DWI offender to the program, and an appointment will be set.
Additional District Courts in Pulaski County
In addition to the Pulaski County District court, there are also the following courts that may offer similar programs:
Little Rock District Court
Phone: (501) 371-4733
North Little Rock District Court
Phone: (501) 791-8562
Sherwood District Court
Phone: (501) 835-3693
Maumelle District Court
Phone: (501) 851-7800
Jacksonville District Court
Phone: (501) 982-9531
Cammack Village District Court
Phone: (501) 663-4593
While Arkansas DWI penalties are uniform statewide, Pulaski County judges often require offenders to participate in these education programs, especially where aggravating factors exist (e.g., high BAC, minors in the vehicle, or property damage).
Repeat and Felony DWI Sentencing in Pulaski County
Second, third, and fourth DWIs within five years carry mandatory jail time and higher fines:
Second offense: 7 days to 1 year in jail; 24-month license suspension
Third offense: 90 days to 1 year in jail; 30-month license suspension
Fourth offense (felony): 1 to 6 years in prison; 4-year license revocation
Pulaski County prosecutors are particularly strict in repeat DWI cases and may push for habitual offender enhancements or recommend substance abuse court programs for offenders with multiple convictions. 59
Additional Considerations to DWIs in Arkansas (2024–2025)
NTSB BAC Limit Recommendations
As of 2025, the National Transportation Safety Board (NTSB) has officially recommended that all states in the U.S. lower the legal BAC limit to .05% from .08%. Based on this data, legislators across the country, including those in Arkansas, are considering updating their framework to match the NTSB’s.
Lowering the per se BAC limit from 0.08% to 0.05% to align with recent NTSB recommendations.
Judicial Diversion Programs
Additionally, there is legislation that allows first-time misdemeanor DWI offenders to be eligible for judicial diversion programs, where successful completion of treatment and education could result in a dismissal of charges. Diversion does not apply to cases involving injury, high BAC, minors, or property damage.
Tired of Empty Promises? Ludwig DWI/DUI Attorneys Are Different.
We treat your case with urgency and respect — not judgment. You get updates, answers, and a plan to move forward.
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1 - Don’t plead guilty without talking to a lawyer
3 - Write down everything you remember about the stop
5 - Ask for a copy of the police report
2 - Request a DMV hearing fast
4 - Don’t post about your arrest
online
6 - Gather receipts or witnesses if you weren’t intoxicated
Surveillance footage, restaurant receipts, or designated drivers can support your defense.
7 - Follow all release and bond conditions
Even a first-time DUI can carry steep penalties. A skilled defense may reduce or dismiss your charges.
You have only 7 days to request a hearing to keep your license. Don’t miss this deadline.
Where you were, what was said, and what tests were given — your memory can reveal errors in the arrest.
Anything you say or share could be used against you in court.
We’ll analyze it for inconsistencies and legal violations.
Stay in compliance to avoid making the situation worse.
8 Things To Do After A DUI Arrest in Arkansas
How Our Arkansas DWI/DUI Lawyers Build Winning Cases
We Challenge the Traffic Stop and Arrest.
If the officer lacked probable cause or failed to follow protocol, the case may be thrown out.
We Analyze Test Accuracy.
Breathalyzers and field sobriety tests are flawed. We bring in experts to review and refute the results.
We Push for Dismissals or Reduced Charges.
When facts or procedures don’t hold up, we push prosecutors to drop or lessen the charges.
We Defend Your License and Record.
A DUI affects employment, insurance, and your future. We fight for outcomes that protect all three.
We Don’t Settle for the Easy Option.
We build every case as if it’s going to trial — because preparation wins.
After a DUI arrest, police and prosecutors may act like they’re offering you a break — but their goal is often a quick conviction and a permanent stain on your record. Ours is to challenge every flaw in their case and fight for your future. Here’s how we do it:
Ludwig: Law Made Simple
If you want to see different ways we can help you, take a look at our blog, Law Made Simple! Here, we break down ways to protect your rights, highlight recent clients wins, and provide commentary on the impact of current events on the legal landscape.
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