A Complete Guide to Arkansas DUI Laws: From First Offense to Felony Charges

June 20, 2025

A Complete Guide to Arkansas DUI Laws: From First Offense to Felony Charges

Introduction

Arkansas, often called the "Natural State," takes a firm stance against impaired driving, classifying offenses primarily as Driving While Intoxicated (DWI). The state's laws are designed to deter individuals from operating vehicles under the influence of alcohol or drugs, imposing a progressive scale of penalties that increase significantly with each subsequent offense. Understanding Arkansas's DWI regulations is crucial for anyone driving on its roads.

The General Framework of Arkansas DWI Laws

In Arkansas, a person can be charged with DWI if they are found to be operating or in actual physical control of a motor vehicle or a motorboat while intoxicated. "Intoxicated" means being influenced by alcohol, a controlled substance, or any other intoxicant or combination thereof, to a degree that impairs the person's faculties to operate a vehicle safely.

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Per Se DWI Law: Arkansas also operates under a "per se" law, meaning that if your Blood Alcohol Concentration (BAC) is at or above a certain legal limit, you are considered to be intoxicated, regardless of whether there is visible impairment in your driving ability.

For drivers 21 and older: The legal BAC limit is $0.08%$ .
For commercial vehicle operators: The legal BAC limit is $0.04%$ .
For drivers under 21 (Underage DUI/DWI): Arkansas has a "zero tolerance" policy for drivers under 21. If a driver under 21 has a BAC of $0.02%$ or higher, they can be charged with Underage Driving Under the Influence (DUI). It's important to note the distinction: "DUI" generally refers to underage drivers in Arkansas, while "DWI" applies to all drivers at the $0.08%$ BAC limit or higher.

Even if your BAC is below the legal limit, you can still face DWI charges if an officer has enough evidence to prove that your driving ability was impaired to an extent that rendered you incapable of safe operation.

Implied Consent Law

Arkansas enforces an implied consent law. By operating a motor vehicle on the state's public roads, you are legally deemed to have given your consent to a chemical test (such as breath, blood, or urine) if a law enforcement officer has reasonable grounds to believe you are driving while intoxicated.

Refusal to Test: Refusing to submit to a chemical test in Arkansas comes with immediate and severe administrative penalties, separate from any criminal proceedings for the DWI itself. Furthermore, your refusal can be used as evidence against you in court, implying consciousness of guilt.

First refusal: 180-day driver's license suspension.
Second refusal (within 5 years): 2-year driver's license suspension.
Third refusal (within 5 years): 3-year driver's license revocation.
Fourth or subsequent refusal (within 5 years): Lifetime license revocation.

It's critical to understand that these administrative suspensions take effect regardless of whether you are ultimately convicted of DWI.

Arkansas DWI Statistics

Impaired driving remains a significant public safety concern in Arkansas. According to the National Highway Traffic Safety Administration (NHTSA) data for 2022, Arkansas recorded 643 total traffic fatalities. While specific 2023 full year DWI-related fatality data is still being compiled and verified, preliminary reports from the Arkansas Highway Safety Program indicate that alcohol-related fatalities remain a persistent challenge, and the state continues efforts through programs like "Drive Sober or Get Pulled Over" to reduce these numbers. Some studies have even listed Arkansas among states with a higher rate of drunk driving traffic deaths. These statistics highlight the serious risks and the reason behind Arkansas's progressive DWI penalty structure.

Penalties for DWI in Arkansas

Arkansas's DWI penalties are substantial and escalate considerably with each subsequent conviction within a specific look-back period. The state often allows for public service in lieu of some jail time for first and second offenses, but mandatory minimums still apply.

First Offense DWI (Misdemeanor)

For a first-time DWI conviction in Arkansas (no prior convictions within the last 10 years):

Jail Time: 24 hours to 1 year. The court may order public service in lieu of jail time (e.g., 24 hours of community service).
Fines: $150 to $1,000, plus a mandatory $300 court cost and other fees.
License Suspension: 6-month driver's license suspension. An Ignition Interlock Device (IID) restricted license may be available during this suspension period, especially if there was no refusal to test.
Ignition Interlock Device (IID): While the installation order is discretionary for a first offense, judges often order it for at least 6 months following license reinstatement. It is mandatory if you get a restricted license during the suspension period.
Substance Abuse Education/Treatment: Mandatory attendance in a court-ordered alcohol and drug education or treatment program.
Victim Impact Panel (VIP): Mandatory attendance at a Victim Impact Panel session.

Repeat Offenses (Within 10 years for subsequent criminal charges, 5 years for license suspension periods)

Arkansas uses a 10-year "look-back" period for charging subsequent DWI offenses as repeat offenses. However, the administrative license suspension periods for refusals and convictions use a 5-year look-back.

Second Offense DWI (Misdemeanor):
- Jail Time: Mandatory minimum of 7 days up to 1 year. Public service (e.g., 30 days minimum) may be ordered in lieu of jail time.
- Fines: $400 to $3,000.
- License Suspension: 24-month (2-year) driver's license suspension.
- IID: Mandatory Ignition Interlock Device (IID) for 1 year or longer upon reinstatement.
- Substance Abuse Treatment & VIP: Mandatory evaluation, treatment, and Victim Impact Panel.
- Vehicle Impound/Forfeiture: Possible impoundment or even forfeiture of the vehicle.
Third Offense DWI (Misdemeanor):
- Jail Time: Mandatory minimum of 90 days up to 1 year. Public service (e.g., 90 days minimum) may be ordered in lieu of jail time.
- Fines: $900 to $5,000.
- License Suspension: 30-month (2.5-year) driver's license suspension.
- IID: Mandatory Ignition Interlock Device (IID) for at least 18 months upon reinstatement.
- Substance Abuse Treatment & VIP: Mandatory evaluation, treatment, and Victim Impact Panel.
- Vehicle Impound/Forfeiture: Possible impoundment or forfeiture.
Fourth Offense DWI (Class D Felony): (Fourth offense within 10 years of the first offense)
- Prison Time: Mandatory minimum of 1 year up to 6 years in state prison.
- Fines: $900 to $5,000.
- License Revocation: 4-year driver's license revocation.
- IID: Mandatory Ignition Interlock Device (IID) for 2 years upon license reinstatement.
- Vehicle Forfeiture: Mandatory vehicle forfeiture.
- Felony Criminal Record: A permanent felony conviction with severe lifelong implications.
Fifth or Subsequent Offense DWI (Class C Felony): (Fifth offense within 10 years of the first offense)
- Prison Time: Mandatory minimum of 2 years up to 10 years in state prison.
- Fines: $900 to $5,000.
- License Revocation: 4-year driver's license revocation.
- IID: Mandatory Ignition Interlock Device (IID) for 2 years upon license reinstatement.
- Vehicle Forfeiture: Mandatory vehicle forfeiture.

Aggravating Factors and Enhanced Penalties:

Certain circumstances can lead to even more severe penalties, including:

High BAC: A BAC of $0.15%$ or higher can lead to increased minimum jail time and fines.
Child Endangerment: If a passenger under the age of 16 was in the vehicle, penalties are enhanced, potentially leading to additional charges like child endangerment.
Causing Injury or Death: DWIs resulting in serious bodily injury or death can lead to felony charges such as vehicular assault, negligent homicide, or manslaughter, carrying substantial prison sentences.
Refusal to Submit to Chemical Test: As outlined, refusing a chemical test carries its own severe administrative penalties and can also negatively impact your criminal case.

Conclusion

Arkansas's DWI laws are a testament to the state's dedication to combating impaired driving. The escalating nature of its penalties, from mandatory jail time and significant fines for a first offense to lengthy prison sentences and permanent felony records for repeat offenders, highlights the seriousness with which these violations are treated. Understanding the legal BAC limits, the implications of the implied consent law, and the severe consequences of a DWI conviction is paramount for every driver in Arkansas. If you or someone you know faces a DWI charge in the "Natural State," seeking immediate legal counsel from an experienced Arkansas DWI defense attorney is strongly recommended to protect your rights and navigate the complexities of the justice system.

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