DUI Laws in Arkansas (DWI)

Overview

Arkansas uses the term DWI (Driving While Intoxicated) and treats drunk driving offenses with progressive severity. A first DWI is a misdemeanor with no mandatory jail time, but penalties escalate rapidly — a fourth DWI within five years is a Class D felony carrying up to six years in prison. Arkansas has one of the shortest lookback periods in the country at just five years, meaning prior offenses older than five years do not count toward repeat-offender enhancements. The state mandates IID installation starting with a first offense and requires all DWI offenders to complete a state-approved alcohol education program.

Official term: DWI

BAC Limits

Penalties by Offense

Felony threshold: 4th DWI offense within 5 years. Lookback period: 5 years — Arkansas has one of the shortest lookback periods in the nation; only DWI convictions within the past 5 years count toward repeat-offender penalties and felony thresholds.

Additional Penalty Details

Implied Consent Law

Under Arkansas Code Section 5-65-202, any person operating a motor vehicle in Arkansas is deemed to have given consent to a chemical test of blood, breath, or urine when a law enforcement officer has reasonable cause to believe the person is DWI. The driver may choose between a breath test and a blood test (unless the officer has probable cause for both).

Refusal penalties: Refusing a chemical test results in an automatic 180-day license suspension for a first refusal. A second refusal within 5 years results in a 2-year suspension. A third or subsequent refusal results in a 3-year suspension. The refusal is admissible as evidence in court. Arkansas also imposes a $500 refusal fee. The administrative suspension begins immediately and is separate from any criminal DWI penalties.

Aggravating Factors

DUI with Injury

Classification: Class D Felony (DWI causing serious physical injury); Class B Felony (negligent homicide) or Class C Felony (manslaughter) if death results

DWI causing serious physical injury: 1 to 6 years in prison, fines up to $10,000, license revocation, and mandatory restitution. Negligent homicide (DWI causing death): 5 to 20 years in prison. Manslaughter: 3 to 10 years in prison. If the driver was also driving on a suspended license or had a prior DWI felony, penalties are enhanced further. Victims may also pursue civil damages independently.

Underage DUI

Drivers under 21 with a BAC of 0.02% or higher face a mandatory 90-day license suspension for a first offense and a 1-year suspension for a second offense. The underage driver must complete a substance abuse education program and may be required to perform community service. If the BAC is 0.08% or higher, the underage driver is charged under the standard DWI statute with full adult penalties. Additionally, the underage zero-tolerance violation goes on the driver's record and can affect employment, insurance rates, and educational opportunities.

Diversion Programs

Program: Drug Court / DWI Court

Arkansas operates Drug Courts in many judicial districts that accept DWI offenders with substance abuse issues. These courts provide an alternative to traditional sentencing through intensive supervision, regular drug and alcohol testing, mandatory treatment, and frequent court appearances over a 12-24 month period. Some jurisdictions also offer pre-trial diversion for first-time DWI offenders, allowing charges to be reduced or dismissed upon successful completion of conditions.

Eligibility: Drug Court: typically available for repeat DWI offenders (second or subsequent offense) with documented substance abuse issues. Not available for DWI causing death or serious injury. Pre-trial diversion (where available): limited to first-time offenders with BAC below 0.15%, no aggravating factors, and no prior criminal history. Availability varies significantly by judicial district — check with your local prosecutor's office.

How Long a DUI Stays on Your Record

A DWI conviction remains on your Arkansas criminal record permanently. Arkansas law does allow sealing of certain criminal records, but DWI convictions are generally not eligible for sealing or expungement. The conviction appears on your driving record maintained by the Arkansas Department of Finance and Administration (DFA) indefinitely. For repeat-offense calculations, Arkansas uses a 5-year lookback period — one of the shortest in the nation — so a DWI from more than 5 years ago does not count toward enhanced penalties.

Key Statutes

Ark. Code Section 5-65-103

Primary DWI statute — defines driving while intoxicated as operating a vehicle with BAC of 0.08% or more, or while intoxicated by alcohol, drugs, or controlled substances; establishes offense classifications and penalties

Ark. Code Section 5-65-104

Penalties for DWI — specifies jail sentences, fines, license suspensions, IID requirements, and community service for first through fourth-and-subsequent offenses

Ark. Code Section 5-65-202

Implied consent law — establishes that operating a vehicle constitutes consent to chemical testing; outlines refusal penalties including administrative license suspension and fees

Ark. Code Section 5-65-111

DWI causing death or serious physical injury — establishes felony classification and enhanced penalties when a DWI results in death or serious bodily harm to another person

Related

DUI license recovery in Arkansas →