A DWI in Arkansas is a felony starting with the fourth conviction within ten years. The first, second, and third offenses are misdemeanors. A fourth or fifth offense within ten years is an unclassified felony, and a sixth or subsequent offense within twenty years is a Class B felony carrying up to twenty years in prison. A single DWI incident can also produce a separate felony charge, regardless of prior history, if someone is killed.
The First Three Offenses Are Misdemeanors
Arkansas defines DWI as operating or being in actual physical control of a motor vehicle while intoxicated or with a blood alcohol concentration of 0.08 percent or higher.1Justia. Arkansas Code 5-65-103 – Driving or Boating While Intoxicated A first, second, and third offense are each unclassified misdemeanors.2Justia. Arkansas Code 5-65-111 – Sentencing – Periods of Incarceration – Exception Any jail time is served in a county or local facility rather than state prison. The maximum is one year on any of the three.
Having a child under sixteen in the vehicle does not push a misdemeanor DWI into felony territory, but it does raise the minimum jail time. A first offense with a child passenger carries at least seven days instead of twenty-four hours, a second at least thirty days instead of seven, and a third at least one hundred twenty days instead of ninety.2Justia. Arkansas Code 5-65-111 – Sentencing – Periods of Incarceration – Exception
When a DWI Becomes a Felony
The fourth DWI conviction within ten years is where the charge becomes a felony in Arkansas. Two tiers sit above it:
- Fourth offense within ten years: unclassified felony, one to six years in prison.
- Fifth or subsequent offense within ten years: unclassified felony, two to ten years in prison.
- Sixth or subsequent offense within twenty years: Class B felony, five to twenty years in prison.
The sixth-offense tier is the only one that reaches back two decades rather than one.2Justia. Arkansas Code 5-65-111 – Sentencing – Periods of Incarceration – Exception Prison time is served in the state system.
A child passenger under sixteen raises the floor on felony sentences as well. The minimum on a fourth offense becomes two years instead of one, and the minimum on a fifth or subsequent offense becomes three years instead of two.2Justia. Arkansas Code 5-65-111 – Sentencing – Periods of Incarceration – Exception
Fines on a fourth or fifth conviction fall into the “third or subsequent” band of the fine statute, which runs $900 to $5,000.3Justia. Arkansas Code 5-65-112 – Fines A sixth offense charged as a Class B felony is subject to the general felony fine ceiling, which allows fines up to $15,000. A fourth DWI within a five-year span carries a four-year license revocation.4Arkansas Department of Finance and Administration. DUI, DWI, BUI, BWI Offenses
A Fatal DWI Is a Felony on the First Offense
You do not need a prior record to face a felony charge if someone dies. Arkansas charges this as negligent homicide rather than an enhanced DWI. A person who negligently causes another’s death while driving with a BAC of 0.08 or higher, or while intoxicated, is guilty of a Class B felony punishable by five to twenty years in prison.5Justia. Arkansas Code 5-10-105 – Negligent Homicide The negligent homicide count is filed as a separate criminal charge on top of any DWI arising from the same incident, and prior DWI history is irrelevant to whether it applies.
How Arkansas Counts Prior Offenses
Whether a new DWI counts as a second, third, or fourth depends on which penalty is being calculated, and Arkansas uses different lookback windows for different consequences. This trips people up.
The incarceration statute counts prior convictions within ten years for the second through fifth offense tiers, and stretches to twenty years for the sixth.2Justia. Arkansas Code 5-65-111 – Sentencing – Periods of Incarceration – Exception The fine statute uses a five-year lookback.3Justia. Arkansas Code 5-65-112 – Fines Administrative license suspension periods also run on a five-year timeframe.4Arkansas Department of Finance and Administration. DUI, DWI, BUI, BWI Offenses
The practical result: two DWIs spaced seven years apart mean second-offender jail exposure, but first-offense fines and first-offense license suspension. And to answer the felony question specifically, only convictions inside the ten-year window (or twenty-year window at the sixth-offense tier) count toward the tier that makes the charge a felony. Older convictions drop out of the tally.
Penalty Snapshot by Tier
Misdemeanor DWI jail exposure runs from twenty-four hours to one year on a first offense, seven days to one year on a second, and ninety days to one year on a third.2Justia. Arkansas Code 5-65-111 – Sentencing – Periods of Incarceration – Exception Community service can sometimes stand in for jail time on a first offense.
Misdemeanor fines follow the five-year lookback: $150 to $1,000 on a first offense, $400 to $3,000 on a second within five years, and $900 to $5,000 on a third or subsequent within five years.3Justia. Arkansas Code 5-65-112 – Fines
Administrative license suspension is six months on a first offense, twenty-four months on a second within five years, and thirty months on a third within five years. The suspension process starts when the arresting officer takes the license and issues a notice; the driver has seven days to request a hearing. It runs independently of the criminal case, so a license can be lost before the DWI charge is ever resolved.4Arkansas Department of Finance and Administration. DUI, DWI, BUI, BWI Offenses
What Changes Once the DWI Is a Felony
Felony status carries collateral consequences that misdemeanor DWIs do not. A person convicted of a felony is disqualified from serving on a federal jury unless their civil rights have been legally restored.6United States Courts. Juror Qualifications, Exemptions and Excuses Federal law prohibits felons from possessing firearms, and Arkansas follows that restriction. A felony conviction can also disqualify a person from holding a hazardous materials endorsement on a commercial driver’s license, depending on the underlying conduct.
The CDL fallout does not wait for a felony, though. Under federal regulations, a first DWI conviction, even in a personal vehicle, brings a one-year CDL disqualification, and three years if the driver was operating a commercial vehicle carrying hazardous materials at the time. A second DWI conviction is a lifetime CDL disqualification. A state may allow reinstatement after ten years if the driver completes an approved rehabilitation program, but any DWI after reinstatement is a permanent disqualification with no possibility of reinstatement.7eCFR. 49 CFR 383.51 – Disqualification of Drivers
Cross-border travel takes a hit too. Canadian immigration law treats impaired driving as a serious criminal offense, and any DWI conviction, misdemeanor or felony, can make a person inadmissible at the border. Criminal rehabilitation can be applied for once at least five years have passed since the end of the sentence, including probation. A temporary resident permit is available for urgent travel, but approval is discretionary.8Government of Canada. Convicted of Driving While Impaired
A felony conviction shows up on background checks indefinitely in many states, including for positions involving driving, security clearances, or professional licenses. Between court fines, attorney fees, higher insurance premiums after reinstatement, and the cost of maintaining an ignition interlock device, the out-of-pocket total for a felony DWI routinely reaches tens of thousands of dollars over several years.