Arkansas DWI laws set a tiered penalty structure that gets steeper with each conviction, and a recent change to the lookback period means older offenses now count against you for longer. A first offense is an unclassified misdemeanor carrying a minimum of 24 hours in jail and a six-month license suspension; a fourth offense becomes a felony punishable by one to six years in prison. Prior convictions can be counted against you for ten years when prosecutors seek a fourth or fifth offense, and twenty years for a sixth.1FindLaw. Arkansas Code Title 5 Criminal Offenses – 5-65-111 Enhanced fines apply when your blood alcohol level is high or a child is in the car, and ignition interlock devices are required for most offenders who want to drive again.
The Blood Alcohol Thresholds
Arkansas treats a driver 21 or older as impaired at a blood alcohol concentration of 0.08%.2Arkansas Highway Safety Office. Impaired Driving Drivers under 21 face a zero-tolerance limit of 0.02%, which most people reach after one drink. A BAC of 0.15% or higher triggers enhanced fine ranges at every offense level.
The law also covers impairment from controlled substances and prescription medications, not just alcohol. There is no fixed concentration limit for drugs like marijuana, so officers rely on field sobriety evaluations and oral fluid testing to establish drug impairment.
How the Lookback Period Works
The lookback period is how far back the state can reach to count your prior DWIs when deciding what to charge you with on a new arrest. Arkansas previously used a five-year window for most offenses.3Arkansas Department of Finance and Administration. DUI, DWI, BUI, BWI Offenses Under House Bill 1062, the felony-level lookback now runs ten years for a fourth or fifth offense and twenty years for a sixth or subsequent offense.1FindLaw. Arkansas Code Title 5 Criminal Offenses – 5-65-111 Convictions you assumed had aged off your record may now be used to push a new arrest into felony territory.
First-Offense Penalties
A standard first-offense DWI is an unclassified misdemeanor. The criminal penalties include a mandatory minimum of 24 hours in jail (up to one year), though a judge can substitute community service. Fines range from $150 to $1,000, plus a $300 court cost.3Arkansas Department of Finance and Administration. DUI, DWI, BUI, BWI Offenses Your license is suspended for six months, and you must complete a substance abuse screening and any recommended treatment, along with attending a Victim Impact Panel.
If your BAC was 0.15% or higher, the fine range jumps to $400 through $3,000. Having a passenger under 16 in the vehicle triggers the same enhanced fine range and increases the minimum jail sentence from 24 hours to seven days. Either aggravating factor also extends the mandatory ignition interlock period from six months to one year.
Second-Offense Penalties
A second DWI remains an unclassified misdemeanor but carries a mandatory minimum of seven days in jail, fines between $400 and $3,000, and a 24-month license suspension.3Arkansas Department of Finance and Administration. DUI, DWI, BUI, BWI Offenses Community service can no longer be substituted for the minimum jail time. With a BAC of 0.15% or above, or a child passenger under 16, the fine range rises to $900 through $5,000 and the minimum jail sentence increases to 30 days.
Third-Offense Penalties
A third DWI is still classified as a misdemeanor, but the minimum jail sentence jumps to 90 days. Fines range from $900 to $5,000, and the license suspension lasts 30 months.3Arkansas Department of Finance and Administration. DUI, DWI, BUI, BWI Offenses A child passenger under 16 raises the minimum jail term to 120 days; a high BAC pushes fines to $2,000 through $10,000. This is the last offense level where the charge remains a misdemeanor.
Felony DWI: Fourth, Fifth, and Sixth Offenses
Once you reach a fourth DWI within the lookback window, the charge becomes an unclassified felony. The consequences step up with each additional conviction:
- Fourth offense: one to six years in prison and a four-year license revocation. With a child passenger under 16, the minimum prison term rises to two years.1FindLaw. Arkansas Code Title 5 Criminal Offenses – 5-65-111
- Fifth offense: two to ten years in prison. With a child passenger, the minimum rises to three years.1FindLaw. Arkansas Code Title 5 Criminal Offenses – 5-65-111
- Sixth offense: a Class B felony with a twenty-year lookback from the first offense. Class B felonies carry 5 to 20 years in prison and fines up to $15,000.1FindLaw. Arkansas Code Title 5 Criminal Offenses – 5-65-111
Refusing a Chemical Test
By driving on an Arkansas road, you have already given implied consent to a breath, blood, saliva, or urine test if an officer has reason to believe you are intoxicated.4Justia. Arkansas Code 5-65-202 – Implied Consent Refusing does not stop prosecution. It adds a separate administrative license suspension on top of any criminal penalty.
The suspension for refusing is 180 days for a first refusal and two years for a second refusal within five years. No restricted driving permit is available during a second-refusal suspension.5Justia. Arkansas Code 5-65-205 – Refusal to Submit Prosecutors can also introduce the refusal as evidence at trial.
Ignition Interlock Devices and Restricted Licenses
After a DWI suspension, you may be eligible for a Special Ignition Interlock Restricted Driver’s License that lets you drive to work, school, and medical appointments. It requires a certified ignition interlock device installed in every vehicle you operate.6Justia. Arkansas Code 5-65-118 – Additional Penalties – Ignition Interlock Devices The device measures your breath before the engine will start and is calibrated to lock you out at a BAC between 0.02% and 0.05%.
The required interlock period matches your suspension length. Six months for a standard first offense, doubled to one year if your BAC was 0.15% or higher. A third or subsequent offense carries a mandatory interlock restriction regardless of circumstances.6Justia. Arkansas Code 5-65-118 – Additional Penalties – Ignition Interlock Devices You pay for the device yourself, usually $2.50 to $3.50 per day plus installation and removal fees. You will also need to file SR-22 insurance and keep it for three years after the conviction. First-time offenders can petition for a waiver of the interlock requirement, though judges grant these sparingly, and no waiver is available for repeat offenders.
If You Hold a Commercial Driver’s License
A DWI can end a CDL career. Federal regulations set a lower BAC threshold of 0.04% when you are operating a commercial vehicle, and any DUI conviction in any vehicle, including your personal car, counts as a major offense that triggers CDL disqualification.7eCFR. 49 CFR 383.51 – Disqualification of Drivers
A first DUI results in a one-year CDL disqualification. A second conviction triggers a lifetime disqualification, even years later and even in your personal truck.7eCFR. 49 CFR 383.51 – Disqualification of Drivers States may reinstate a lifetime-disqualified driver after ten years if the person completes an approved rehabilitation program, but any subsequent conviction after reinstatement makes the ban permanent. Refusing a chemical test counts the same as a conviction for CDL purposes.
Collateral Consequences of a Felony DWI
Federal law prohibits anyone convicted of a crime punishable by more than one year of imprisonment from possessing firearms or ammunition.8Office of the Law Revision Counsel. 18 U.S. Code 922 – Unlawful Acts A fourth-offense DWI in Arkansas qualifies, since it carries one to six years in prison. If you own firearms, a felony DWI conviction means you must give them up or face separate federal charges.
International travel also gets complicated. Canada treats DUI as a potentially serious criminal offense under its immigration law and can deny entry at the border. You may be able to enter after applying for criminal rehabilitation (available five years after completing your sentence) or by obtaining a temporary resident permit, but neither is guaranteed.9U.S. Customs and Border Protection. Entering Canada and the United States With DUI Offenses
Nurses, pharmacists, teachers, and others who hold state professional licenses are generally required to disclose criminal convictions to their licensing boards. Even a misdemeanor first offense can prompt a board investigation and lead to monitored sobriety, mandatory treatment, probationary license status, or temporary suspension. Failing to disclose when required is often treated as a separate violation with harsher discipline than the DWI itself.
The Financial Cost Beyond Fines
Court fines are the smallest part of the total. When you are arrested, your vehicle is typically towed and impounded. Towing fees generally run $75 to $350, with daily storage adding $15 to $75. A three-day impound with administrative release fees can easily total $300 to $700 before you reach a courtroom.
A private defense attorney for a first-offense DWI typically costs $2,000 to $5,000, with fees rising for cases involving high BAC, accidents, or prior offenses. Add the interlock lease, SR-22 insurance premiums that can increase your auto insurance by hundreds of dollars per year for three years, treatment or education program costs, and license reinstatement fees, and a first-offense DWI in Arkansas can run $5,000 to $10,000 or more.
Expunging a DWI Conviction
Arkansas allows misdemeanor DWI convictions to be expunged five years after completion of the sentence. That covers first, second, and third offenses, since all three are misdemeanors. An expungement seals the conviction from most background checks. Felony DWI convictions (fourth offense and above) are not eligible for expungement under this provision, and the five-year clock does not begin running until you have finished every part of the sentence, including probation and any court-ordered treatment.