In 2025/2026, there were over 14,000 misdemeanor DWI dispositions in the state of Arkansas. Those individuals were all arrested based on probable cause for being intoxicated or having a BAC over the legal limit (0.08%) while operating a motor vehicle. Whether those arrests were lawful or supported by reliable evidence is open to challenge. Harry Warden examines the stop, arrest, testing, and evidence before deciding how to defend the case. 

If you’ve been arrested for a DWI, you need accurate answers to your most burning questions, most of which only Arkansas DWI law can answer. Was the stop and arrest legal? What are the rules about breath and blood tests? Will my driver's license be suspended? What are the criminal penalties for my actions? 

Don’t worry - we’ll cover all of that on this page.

You can call Warden Law Firm at [501-291-0422 for a free consultation and case evaluation. 

Seven-Day Driver’s-License Deadline:

Under Arkansas Code § 5-65-402(a)(2)(B) the Office of Driver Services must receive a written hearing request within seven calendar days after notice of the suspension, revocation, disqualification, or denial is given. The temporary license receipt typically authorizes driving for no more than 30 days, but it does not extend the hearing-request deadline.

Officers look for specific driving behavior when they are out on patrol - exiting a lane, weaving in and out of traffic, sporting an expired tag. This kind of behavior would give them reasonable suspicion to stop you and probable cause to arrest you.

Once they pull you over based on reasonable suspicion, Arkansas Code § 5-65-103(a)(1-2) gives the State two principal ways to prove DWI. Under either theory, the State must connect the alleged condition to your operation or actual physical control of a motor vehicle.

First, a person violates the law by operating or being in actual physical control of a motor vehicle while intoxicated.

Arkansas law defines “intoxicated” as being influenced or affected by alcohol, a controlled substance, another intoxicant, or a combination of substances to such a degree that the driver’s reactions, motor skills, and judgment are substantially altered and the driver presents a clear and substantial danger of physical injury or death. (Arkansas Code § 5-65-102(4)).

This theory does not require a BAC of 0.08% or higher - here, the State can rely on the evidence gathered by the officer. To gather that evidence, the officer might:

• Make and document observations - odor, slurred speech, bloodshot eyes, fumbling with items
• Gather statements - asking you “have you been drinking?”
• Incur field sobriety tests - the walk-and-turn, one-leg stand, and horizontal gaze nystagmus (HGN). These are voluntary - the only test you can’t turn down is a chemical test.
• Incur portable breath tests (PBT) - a roadside breathalyzer. Also voluntary, and not the required chemical test.

Then, the prosecution might try to get video and witness testimony to argue that alcohol, prescription medication, marijuana, another controlled substance, or a combination of substances substantially altered your abilities.

Second, a person violates Arkansas Code § 5-65-103(a)(2) by operating or being in actual physical control of a motor vehicle with an alcohol concentration of 0.08% or higher in the person’s breath or blood.

This is commonly called the per se limit. It allows the State to pursue a DWI conviction based on the reported alcohol concentration even when the parties dispute whether the driver appeared intoxicated. The defense can still examine whether the State lawfully obtained the sample, used an approved method, followed required procedures, maintained the instrument, and can establish that the result is reliable and admissible.

You do not have to be observed driving for the State to file a DWI charge. Arkansas Code § 5-65-103(a)(2) also applies when a person is in “actual physical control” of a motor vehicle.

Actual physical control depends on the surrounding facts. Courts have considered the location of the person, the location of the keys, whether the engine was running, how the vehicle was started, and whether the person had the present ability to operate it.

In Stephenson v. City of Fort Smith (2000), the Arkansas Court of Appeals held that the evidence did not establish actual physical control when an intoxicated person was asleep in a parked truck, the keys were on the dashboard rather than in the ignition, and the vehicle’s heat had been activated by remote start. That decision does not create a universal rule for every parked-vehicle case. In fact - out of the 13 major Arkansas Court of Appeals cases, only 3 of them ruled a not-guilty based on the actual physical control issue. You can learn about these cases in our Arkansas actual physical control guide.

Arkansas’s DWI law can also apply on private property. The motor-vehicle provision of § 5-65-103 does not limit the offense to public streets or highways.

Actually - nothing! There is not a law in the Arkansas criminal code that penalizes a driver’s refusal of a field sobriety test (i.e. a horizontal gaze nystagmus test, walk-and-turn test, or one-leg stand test). This is different than refusing a chemical, blood, or breath test - if you refuse that, you will pick up an additional criminal charge, and your license will be automatically suspended under Arkansas implied consent law.

Field sobriety tests are not infallible. National Highway Traffic Safety Administration training materials report that the horizontal gaze nystagmus test was 77% accurate, the walk-and-turn test was 68% accurate, and the one-leg stand test was 65% accurate in the original validation research. This is because they don’t happen in controlled environments. Road surface, footwear, lighting, weather, traffic, age, balance, injuries, medical conditions, anxiety, fatigue, instructions, and the officer’s administration can influence the result of the test.

Our Arkansas Field Sobriety Tests Guide explains each test, standardized administration, common scoring issues, medical and environmental limitations, and how body-camera footage can differ from a written report.

We already know the legal threshold for a standard DWI per se charge is an alcohol concentration of 0.08% or higher in the person’s breath or blood. What many people don’t realize is that a result below 0.08% doesn’t get the charge thrown out. Remember - if the officer determines that you are “intoxicated,” which they can do without a BAC limit, you can still be arrested and charged.

A result of 0.04% or less creates a rebuttable presumption that the person was not under the influence of alcohol. It does not automatically require dismissal, and the statute allows other competent evidence to be considered. (Arkansas Code § 5-65-206(a)(1)).

Arkansas Code § 5-65-202 provides that a person who operates or is in actual physical control of a motor vehicle is deemed to have consented to one or more chemical tests of breath, saliva, or urine for alcohol concentration or controlled-substance content if that person was arrested for a DWI charge by the officer (Arkansas Code § 5-65-202(a)(1)).

Implied consent does not make every test request lawful. The arrest, reasonable-cause determination, testing request, warnings, sample collection, and administrative paperwork remain subject to statutory and constitutional requirements.

Blood testing receives additional constitutional protection. Absent exigent circumstances, Arkansas Code § 5-65-202(c)requires either a warrant supported by probable cause or the person’s express consent for a blood test. Whether officers had valid consent, a sufficient warrant, or a recognized exception can become a disputed issue.

Absolutely. An approved, independent test counts under Arkansas law, and the arresting officer must advise you of the right to obtain such an independent chemical test, and must reasonably assist in obtaining it. If officers fail to provide that notice or prevent the person from obtaining an independent test, evidence from the state’s chemical test may be excluded. Upon request, the person or the person’s attorney is also entitled to receive complete information concerning the chemical testing performed (Arkansas Code § 5-65-204(d)).

Officers sometimes fail to clearly define this option during the arrest. We use this failure to strengthen your defense.

Refusal has consequences separate from the DWI allegation. Arkansas Code § 5-65-205(a)(2) classifies refusal as a strict-liability offense and violation, and Arkansas Code § 5-65-205(a)(1)(B) directs the Office of Driver Services to suspend or revoke driving privileges.

A first refusal produces a 180-day suspension. A second refusal within five years produces a two-year suspension, a third within five years produces a three-year revocation, and a fourth within five years produces a lifetime revocation (Arkansas Code § 5-65-205(b)(2)(A)(i-iv)). The statute allows an immediate ignition-interlock restricted license after a first refusal only when the underlying arrest involved intoxication by alcohol (Arkansas Code § 5-65-205(b)(2)(B)(i-ii)).

The prosecution can also seek to introduce refusal evidence in the criminal case. A refusal case can still involve disputes about whether the officer lawfully requested the test, delivered the required warning, recorded an actual refusal, or mistook a medical or physical inability to provide a sample for refusal.

To qualify as valid under Arkansas Code § 5-65-204(b)(1)(a), alcohol testing must follow a Department of Health and State Board of Health approved method and applicable certification requirements. Breath-test litigation can involve issues related to the instrument’s validity, operator certification, observation procedures, maintenance and calibration records, interfering substances, sample quality, and other Department of Health and State Board of Health compliance rules.

There are two different kinds of breath tests: roadside portable breath tests (PBT) and evidentiary breath tests.

PBTs are for use by the officer to help them determine probable cause at the scene. This roadside device can contribute to an officer’s investigation, but is typically inadmissible in court - i.e., the result can’t be used as evidence against you.

The evidentiary test in Arkansas, however, is administered on an approved instrument: commonly the Intoxilyzer: under the oversight of the Arkansas Department of Health (ADH), which regulates breath testing statewide. ADH rules govern which instruments are approved, how they’re calibrated and maintained, who may operate them, and how the test must be administered. These are typically administered by a qualified officer once you are taken to the station for booking. While this is the official test used in court, the State still must establish the admissibility of the official chemical test based on validity rules outlined above.

While the portable breath tests are not admissible at trial, they are still used as evidence in some cases. Because of that, our advice is that both the PBT and the evidentiary test be taken no matter what.

Commercial drivers also face separate consequences. The 0.04% standard applies to operation or actual physical control of a commercial motor vehicle under Arkansas’s commercial-driving laws (Arkansas Code § 27-23-114 (a)(2)). It does not automatically replace the standard § 5-65-103 threshold whenever a CDL holder drives a personal vehicle. Additionally, if you are an underaged driver charged with a DUI (driving under the influence) under 5-65-303(a)(1-2), the limit is even lower - starting at 0.02% BAC. 

Arkansas law uses DWI (Driving While Intoxicated) and underage DUI (Driving Under Influence) for different offenses. 

The DWI statute applies when the State alleges intoxication or an alcohol concentration of 0.08% or higher. It is not limited to drivers who are 21 or older. A person under 21 can still be charged with a DWI when the evidence satisfies § 5-65-103. 

The underage DUI statute, Arkansas Code § 5-65-303(a)(1-2), applies when an underage person operates or is in actual physical control of a vehicle while under the influence of alcohol or a similar intoxicant, OR with an alcohol concentration of at least 0.02% but less than 0.08%.

For underage DUI, “under the influence” means that alcohol or a similar intoxicant affected the driver’s reactions, motor skills, or judgment, EVEN IN THE SLIGHTEST SCALE, or if they are a danger to themselves or others due to their lack of experience and skill. This language makes it clear - the State doesn't play around with DUIs. The standard for being considered “under the influence” is very, very low (Arkansas Code § 5-65-102(4)). 

There are no charge reductions available for DWIs in Arkansas. Under Arkansas Code § 5-65-107(a), a person arrested for violating § 5-65-103 must be tried on or plead to that charge, and the DWI charge cannot be reduced to a different offense.

That does not mean every arrest produces a conviction. The State can still lose the case when it cannot prove an element, evidence is suppressed, a necessary witness is unavailable, chemical-test evidence is inadmissible, or reasonable doubt remains at trial. A dismissal or acquittal is different from negotiating the DWI down to reckless driving or another lesser charge. 

Because of this rule, evidence underlying the charge becomes especially important. The defense must examine the alleged driving or actual physical control, observations of intoxication, field sobriety tests, chemical testing, constitutional issues, and police procedures. 

Arkansas increases DWI penalties as the number of qualifying prior offenses grows. The sentencing structure moves from an unclassified misdemeanor for a first, second, or third offense to an unclassified felony for a fourth or fifth offense. A sixth or subsequent DWI within 20 years of the first offense is a Class B felony. 

For a first DWI offense, Arkansas treats the charge as an unclassified misdemeanor. The jail range is 24 hours to one year, and the court may require at least 30 days of community service (Arkansas Code § 5-65-111(a)(1)(A)). If a passenger under 16 was present, the minimum jail time increases to seven days, with at least 60 days of community service. For a first underage DUI, jail time is not required, but alcohol education attendance is required. The fine ranges from $150 to $1,000 under Arkansas Code § 5-65-112(1), while a first offense DUI fine might range from $100 to $500 under Arkansas Code § 5-65-305(a)(1). 

A first administrative alcohol-related offense imposes a six-month suspension, during which time you can drive on a suspended license so long as you have an ignition interlock installed in your car (Arkansas Code § 5-65-104(a)(2)(A)(i)(a-c)). 

Read our First DWI Offense in Arkansas Guide for the arrest-to-resolution process, first-offense penalties, license deadlines, testing issues, defenses, and record consequences. If you need representation, visit our Little Rock DWI 1st Offense Lawyer page. 

For a second DWI offense within 10 years of the first, Arkansas again treats the charge as an unclassified misdemeanor, but the penalties increase. The jail range is seven days to one year, and the court may require at least 30 days of community service. If a passenger under 16 was present, the jail range increases to 30 days to one year, with at least 60 days of community service as an alternative. A second underage DUI requires 30 days of community service. Fines increase to between $400 and $3000 (Arkansas Code § 5-65-111(a)(1)(A); Arkansas Code § 5-65-112(2)). DUI second offense fines range between $200 - $1000 (Arkansas Code § 5-65-305(a)(2)).

A second administrative alcohol-related offense imposes a 24-month suspension, during which time you can drive on a suspended license so long as you have an ignition interlock installed in your car (unless it is a DWI Drug charge, in which case you would have to request a restricted driving permit) (Arkansas Code § 5-65-104(a)(2)(B)(i)). 

Read our Second DWI Offense in Arkansas Guide for the applicable look-back periods, prior-conviction proof, public-service provisions, fines, license consequences, and defenses. For representation, visit our Little Rock DWI 2nd Offense Lawyer page. 

For a third DWI offense within 10 years of the first, Arkansas still classifies the offense as an unclassified misdemeanor, but the minimum jail time rises to 90 days and the maximum remains one year (Arkansas Code § 5-65-111(c)(1)(A)).Community service must be at least 90 days if used as alternative to jail time. If a passenger under 16 was present, the jail range increases to 120 days to one year, with at least 60 days of community service. A third or subsequent underage DUI requires one year of community service. The fine range will increase to between $900 to $5,000 (Arkansas Code § 5-65-112(3)). DUI third or subsequent offense fines range from $500 - $2000 (Arkansas Code § 5-65-305(a)(3)). 

A third administrative alcohol-related offense imposes a 30-month suspension, during which time you can drive on a suspended license so long as you have an ignition interlock installed in your car (unless it is a DWI Drug charge, in which case you would have to request a restricted driving permit) (Arkansas Code § 5-65-104(a)(2)(C)(ii)). 

Read our Third DWI Offense in Arkansas Guide for a complete breakdown. If you face a new charge, visit our Little Rock DWI 3rd Offense Lawyer page. 

A fourth DWI occurring within 10 years of the first is an unclassified felony. The imprisonment range is one to six years, and community service is not available as a substitute. If a passenger under 16 was present, the imprisonment range increases to two to six years. Underage DUI penalties require one year of community service for a fourth or subsequent charge. The fine range is the same for a third and subsequent DWI charge within 5 years - between $900 to $5,000 (Arkansas Code § 5-65-112(3)). DUI third or subsequent offense fines range from $500 - $2000 (Arkansas Code § 5-65-305(a)(3)). 

Another penalty that surprises people is the seizure of your vehicle for a fourth or subsequent DWI. The State is entitled by law to take your car or boat that you got your DWI in and sell it to the highest bidder (Arkansas Code § 5-65-117(a)(1)(A); Arkansas Code § 5-65-117(a)(2)(B)). 

For a fifth DWI offense within 10 years of the first, Arkansas classifies the charge as an unclassified felony and increases the imprisonment range to two to ten years. Community service is not available as a substitute. If a passenger under 16 was present, the imprisonment range increases to three to ten years. Fines and underaged stay the same from DWI 3rd Offense onward. 

For a sixth or subsequent DWI within 20 years of the first, Arkansas classifies the offense as a Class B felony (Arkansas Code § 5-65-111(f)).The sentence is imposed under the Class B felony range, and community service is not available as a substitute. The child-passenger enhancement is not separately listed for this level in the table. 

A DWI can quickly turn into a negligent homicide charge if the driver cases the death of another person while intoxicated or with a BAC of 0.08% or higher (Arkansas Code § 5-10-105(a)(1)(A)-(B)). The fine for DWIs 4 - 6 remains the same: between $900 and $5000 (Arkansas Code § 5-65-112(3)). 

These are not the only DWI penalties/consequences in Arkansas. A conviction can also involve fines, court costs, public service, an alcohol education or treatment program, a victim impact panel, license suspension or revocation, ignition-interlock requirements, and consequences for employment, insurance, professional licensing, and firearm rights. 

Arkansas does not use one look-back period for every consequence. Arkansas Code § 5-65-111 uses a 10-year period for the second through fifth incarceration classifications and a 20-year period for a sixth or subsequent offense. The DWI fine statute, Arkansas Code § 5-65-112, uses a five-year period to increase fines for a second or third or subsequent offense. Administrative driver’s-license consequences also use their own statutory rules. 

When a passenger under 16 was present, Arkansas law increases the minimum incarceration period for first through fifth offenses. With that said, if the driver was only two years older than the under-16-year-old, the enhancement does not apply (Arkansas Code § 5-65-111(i)). The purpose of these enhancements is to further penalize drivers with significant age gaps to their passengers, rather than peers or classmates who are closer in age. 

For the complete offense-by-offense comparison of incarceration, fines, child-passenger enhancements, public service, license consequences, and look-back periods, visit our Arkansas DWI Penalties Guide.

Yes. Arkansas’s definition of intoxication, found in Arkansas Code § 5-65-102(4) includes alcohol, controlled substances, other intoxicants, and combinations of substances. A valid prescription does not automatically defeat a DWI allegation. Common substances for DWI drug charges include:

• Illegal Drugs: Marijuana, cocaine, heroin, methamphetamine, ecstasy, etc. Prescription Medications: Opioids (e.g., Oxycodone, Hydrocodone), benzodiazepines (e.g., Xanax, Valium), muscle relaxants, sleeping pills, certain antidepressants, or any other prescribed drug that can cause impairment. Contrary to popular belief, having a valid prescription for the substance is not a valid defense if it affects your ability to drive.
• Over-the-Counter Medications: Certain cold medicines, antihistamines, or other non-prescription drugs that cause drowsiness or impair faculties.
• Combinations: Being under the influence of both alcohol and drugs, or multiple drugs simultaneously.

In a drug-related DWI case, the central question is not simply whether a laboratory found a substance. The State must connect the evidence to intoxication at the time of arrest. The defense can examine the lawfulness of the stop and arrest; accuracy of the field sobriety test, medical records that show timing and handling of the blood sample, laboratory methods, chain of custody, and dosage; and whether or not the Drug Recognition Expert (DRE) followed proper protocol. 

Drug-related administrative suspensions allow you to drive without an alcohol ignition-interlock device, since such a device does not detect controlled substances (Arkansas Code § 5-65-118(a)(1)(A)(iii); Arkansas Code § 5-65-118(a)(1)(B)(iii).

At the time of a DWI/DUI arrest, the defendant must surrender a license, permit, or other evidence of driving privileges (Arkansas Code § 5-65-304(a); Arkansas Code § 5-65-402(a)(1)(A-B); Arkansas Code § 5-65-402(a)(2)(A)(i)). After the arresting officer confiscates your physical driver’s license at the arrest, they will give you two copies of the same form to fill out: both will be pink. The form will be titled “Request for Administrative Hearing to Contest Suspension, Revocation or Disqualification of Driving Privilege Or Request Restricted Driving Permit.”

The first copy serves as both a dated receipt of the arrest and your temporary license for 30 days. Do not lose it! Your temporary driving privileges depend on having this document with you at all times. 

The other copy must be fully filled out and submitted to the DFA no more than seven (7) days after your arrest, in order to contest your license suspension and request an ignition interlock restricted driving permit (Arkansas Code § 5-65-402(a)(2)(B)). 

An attorney is not required to appear, but we always make sure our clients have representation during this hearing.

The suspension officer will either suspend your license, or they won’t. This is based on a number of facts surrounding the execution of the stop, search, testing, and arrest such as reasonable grounds, operation or actual physical control, the chemical test or alleged refusal, required warnings, and testing procedures. If your license is still suspended during this hearing, you are entitled to a restricted license upon installation of an ignition interlock device (Arkansas Code § 5-65-402(a)(8)(D-F)). 

We have all of our clients appear at this hearing, to ensure that they are able to stay on the road for work and essential travel. 

The burden of proof is on the state, and the decision is based on preponderance of the evidence - i.e., that it is more likely than not that the claim they put forward is true. This is lower than the beyond-a-reasonable-doubt standard used in the criminal case, and it is therefore easier for the State to successfully suspend a license (Arkansas Code § 5-65-402(a)(8)(C)).

With that said, the Office of Driver Services doesn't always win at the hearing. They may also rescind the suspension at any time. That's why our attorneys focus heavily on getting ready for the DWI trial, with the goal of dismissing the charge entirely so that your license can be completely reinstated.

After you appear at your license sentencing hearing and the 30-day temporary license is expired, you are entitled to an ignition-interlock temporary drivers permit, which requires you to install an ignition interlock device in your vehicle. This permit lasts until the end of your suspension period, and allows you to drive for work and other essential travel (Arkansas Code § 5-65-402(b)).

Drug-related DWI suspensions do not require the installation of an ignition interlock device (Arkansas Code § 5-65-118(a)(1)(A)(iii); Arkansas Code § 5-65-118(a)(1)(B)(iii)).

Instead, if the DWI/DUI drugs defendant would like to drive, they will need to request a restricted driving permit as underlined in § 5-65-120.

Under this statute, a restricted driving permit is restricted to certain times and circumstances of use, and the granting of this permit is completely discretionary. The following should be proved:

• The denial of said license would cause “extreme and unusual” hardship
• The defendant is not a multiple traffic law offender
• The defendant does not present a threat to the general public
• Transportation to work, school, alcohol education program, or a hospital or clinic does not exist.

(Arkansas Code § 5-65-120(a)(1))

We strongly recommend against this, because it incurs another charge. Under § 5-65-123, this is considered a Class A misdemeanor, and can result in potential jail time (Arkansas Code § 5-65-123(e)).

The following scenarios would result in a criminal charge under this statute:

• Someone who is driving with an ignition interlock restricted license knowingly influences another person to blow into the interlock device and start the car for them - or simply allows this to happen.
• Someone knowingly starts a car equipped with an interlock device for someone who is supposed to be driving that car with an ignition interlock restricted license.
• Someone tampers with the ignition interlock in an attempt to circumvent the restrictions it places on starting the vehicle.
• Someone gives a vehicle not equipped with an ignition interlock device to a person who has an ignition interlock restricted license and is restricted from driving a car without an ignition interlock device.

Arkansas Code § 5-65-123(e)

Effective July 1, 2026, Arkansas made three core amendments to Arkansas Code § 5-65-118. They changed the ignition interlock BAC limit from a range of .02%-.05% to a fixed limit of .025% and instituted random retesting through a vehicle’s ignition interlock device, with each test recording the driver’s BAC and taking a photograph for verification (Arkansas Code § 5-65-118(a)(3)(A); Arkansas Code § 5-65-118(f)(2)(G)).

Failure to blow below a BAC reading of .025%, or failure to complete a required random retest, can result in 60 additional days being added to the required suspension or ignition interlock period, although a compliant retest within 10 minutes may prevent the extension when the photographs confirm the same person performed both tests. Interlock providers must verify compliance and issue a certificate, while drivers who are reported for a violation may request reconsideration and submit supporting evidence (Arkansas Code § 5-65-118(h)).

If you are convicted of driving without a license or permit, and the reason why you didn't have a license was because it was restricted or suspended as a result of a DWI charge, then the state will suspend your license for one year longer than the original suspension period. In addition to this, they will charge you with an unclassified misdemeanor, which requires between ten and 90 days in jail, as well as a $1,000 fine. They’ll also impound your license plate for 90 days (Arkansas Code § 5-65-105(1-2); Arkansas Code § 5-65-106(a)).

Under Arkansas Code § 5-65-104, the administrative license suspension periods for are six months for a first offense, 24 months for a second offense within five years, 30 months for a third offense within five years, and four-year revocation for a fourth or subsequent offense within five years. (Arkansas Code § 5-65-104(a)(2)(A)(i)(a); Arkansas Code § 5-65-104(a)(2)(B)(i); Arkansas Code § 5-65-104(a)(2)(C)(i); Arkansas Code § 5-65-104(a)(2)(D)(i)).

An ignition interlock device is available immediately for your first - third DWI alcohol offenses. If your license is revoked for a fourth or subsequent offense, you will be required to install an ignition interlock in your car “if you ever get your license back.” (Arkansas Code § 5-65-104(a)(2)(D)(ii)).

Additionally, previous offenses that count towards license suspension penalties are as follows:

• DWI 1-6 conviction in Arkansas or another state
• A negligent homicide conviction where the driver was intoxicated in Arkansas or another state
• A license suspension as a result of a DWI conviction in Arkansas

(Arkansas Code § 5-65-104(a)(4)(A-B)).

If you refuse a chemical test for a DWI, your license will be suspended as well, and those suspension periods are harsher. The suspension periods are 180 days for a first refusal, two years for a second refusal within five years, a three-year revocation for a third refusal within five years, and a lifetime revocation for a fourth or subsequent refusal within five years (Arkansas Code § 5-65-205(b)(2)(A)(i); Arkansas Code § 5-65-205(b)(2)(A)(ii); Arkansas Code § 5-65-205(b)(2)(A)(iii); Arkansas Code § 5-65-205(b)(2)(A)(iv)).

An ignition interlock is only immediately available after a first offense DWI refusal charge in Arkansas (Arkansas Code § 5-65-205(b)(2)(B)(i)).

As a note, Arkansas runs these suspension periods concurrently, not consecutively. This means that if you are charged with both a DWI 1st offense and a refusal to submit, you will not receive a combined suspension time of one year. Instead, you’ll just receive the 180-day (six-month) suspension (Arkansas Code § 5-65-305(b)(2)).

Under Arkansas Code § 5-65-304, which governs underage DUI license suspension rules, the administrative license suspension periods are ninety days for a first offense, one year for a second offense, and a revocation for a third or subsequent offense. The revocation length will be either 3 years, or until the underaged person reaches 21 years of age - whichever is a longer amount of time. An ignition interlock is not available for DUI offenders, and both A DWI and DUI charge counts as a prior charge towards license suspension issues (Arkansas Code § 5-65-304(b)(2)(A); Arkansas Code § 5-65-304(b)(2)(B); Arkansas Code § 5-65-304(b)(2)(C)).

If you refuse a chemical test for an underaged DUI, you’ll get a 90-day suspension for your first offense, a year suspension for your second offense, and a revocation for your third or subsequent offense. The revocation will be for 3 years or until the offender turns 21 - whichever is longer. If you catch a DUI refusal charge and you also don't have a license, an additional six months will be added to your license suspension period for the first offense, a year for the second, and so on. If you are out of state, Arkansas will notify your origin state’s driver control office of the charge (Arkansas Code § 5-65-310(b)(1)(a); Arkansas Code § 5-65-310(b)(1)(b); Arkansas Code § 5-65-310(b)(1)(c) + (b)(2); Arkansas Code § 5-65-310(d)(1-2)).

License reinstatement requires completion of an approved alcohol education or treatment program, a victim impact panel when applicable, payment of reinstatement fees, and satisfaction of ignition-interlock requirements. If the case results in a dismissal or acquittal, the defendant would not have to complete the class, pay the fines, or install an ignition interlock device in their motor vehicle. They would simply have to provide proof of dismissal or acquittal to the Office of Driver Services.

Similarly, if an underaged driver catches a possession of liquor by a minor, DUI, or DUI refusal-of-chemical-test charge, they must complete an alcohol and driving ed program for underaged drivers before permit or license reinstatement is made available. For each additional violation of DUI-related offense during your license suspension, you are required to complete additional educational hours (Arkansas Code § 5-65-307(a)(1)(A); Arkansas Code § 5-65-307(a)(1)(B)).

A DWI arrest is an accusation, not proof of guilt. The available issues depend on the evidence, but a defense review typically asks:

• Did the officer have a lawful basis for the stop, detention, or encounter?
• Did the officer have probable cause to arrest?
• Was the person driving or in actual physical control? (Arkansas Code § 5-65-103(a)(1-2)).
• Do the observations establish statutory intoxication? (Arkansas Code § 5-65-102(4))
• Were field sobriety tests properly instructed, administered, scored, and recorded
• Was the chemical test lawfully requested and collected? (Arkansas Code § 5-65-202(a)(1))
• Did the State obtain a warrant to take a blood test? (Arkansas Code § 5-65-310(a)(1)(A-C); Arkansas Code § 5-65-202(c))
• Did the State follow approved testing methods and certification requirements? (Arkansas Code § 5-65-204(b)(1)(a))
• Did officers advise the person of the right to an independent test and provide reasonable assistance? (Arkansas Code § 5-65-204(d))
• Can the State authenticate the sample, records, instrument, and result? (Arkansas Code § 5-65-204(b)(1)(a))
• Do body-camera, dash-camera, dispatch, and witness evidence match the written report?
• Can the State prove every prior offense offered for enhancement?

No single defense applies to every Arkansas DWI case. Warden Law Firm identifies the issues supported by the record, files the appropriate motions, and prepares to litigate disputed facts and law.

The answer is yes, but first it’s helpful to understand what record sealing actually means. Arkansas commonly uses the term “sealing” rather than expungement. If you successfully seal your record under the Comprehensive Criminal Record Sealing Act of 2013, your crime is considered to have never happened. In other words, you can now legally check "NO" to the question "Have you ever been convicted of a criminal misdemeanor or felony?" when you are applying for jobs, which can be a huge advantage as you try to find new work and rebuild your life (Arkansas Code § 16-90-1417(b)(1)).

Yes, and it’s longer than many people might think . In 2021, Act 1060, which amends Arkansas Code Ann § 5-65-111, changed the “look-back” period and mandatory waiting period for misdemeanor DWI charges from 5 years to 10 YEARS. That means that today in 2026, there is a 10-year waiting period to seal convictions for misdemeanor Driving While Intoxicated offenses. The person must also satisfy sentence-completion, cost, restitution, license-reinstatement-fee, and other applicable requirements (Arkansas Code § 16-90-1405(a)(1-4)).

This amendment is considered a “retroactive” law, which “affects the acts or facts that existed before the act came into effect” (Black’s Law Dictionary, 7th Edition, pg. 1318). This means that, even if you were convicted with a misdemeanor DWI before Act 1060 was put into place, you still must wait until your 10-year waiting period is up.

To see proof that this is legitimate, you can visit Arkansas Crime Information Center’s Criminal History page, and find the form titled “PETITION AND ORDER TO SEAL MISDEMEANOR CONVICTION FOR DRIVING OR BOATING WHILE INTOXICATED.” If you click into the form, you’ll see that point seven (7) reads as follows:

“Pursuant to Ark. Code Ann.§5-65-111(b)(1) and/or (c)(1), it has been more than ten (10) years since Defendant’s first conviction for Driving or Boating While Intoxicated.”

Arkansas law could not be clearer - the waiting period to seal your DWI record is 10 years.

Read our Arkansas DWI Expungement and Record-Sealing Guide for eligibility rules, waiting periods, required documents, filing procedure, objections, and the legal effect of a sealing order.

The first days can shape both the license case and criminal defense.

• Submit your pink slip to request an administrative hearing within seven days of the arrest. Follow the instructions on the notice and make sure the Office of Driver Services receives the request on time.
• Preserve every document. Keep the citation, bond paperwork, temporary license receipt, testing forms, property inventory, and court notice.
• Write down what happened. Record the location, timeline, officer instructions, tests, statements, medical conditions, witnesses, and anything unusual while your memory is fresh.
• Preserve digital evidence. Save photographs, videos, location history, receipts, messages, and information identifying nearby surveillance cameras.
• Follow bond and court conditions. A new violation can create additional problems while the DWI case is pending.
• Avoid discussing the facts publicly. Social-media posts, text messages, recorded jail calls, and conversations with witnesses can become evidence.
• Have the evidence reviewed early. Video-retention periods and administrative deadlines do not wait for the first court date.

Yes. A BAC below 0.08% prevents the State from relying on the standard per se theory, but the State can still allege that alcohol, drugs, or another intoxicant substantially altered your reactions, motor skills, and judgment.

Yes. Arkansas law covers both operation and actual physical control. Whether the State can prove actual physical control depends on facts such as your location, the keys, the vehicle’s condition, and your present ability to operate it.

Roadside field sobriety exercises are different from chemical tests governed by implied consent. Declining roadside exercises does not create the same automatic license suspension as refusing a qualifying chemical test, although the State can attempt to use the surrounding circumstances as evidence.

No. Under the current language of § 5-65-111, a fourth DWI within 10 years of the first is an unclassified felony with an incarceration range of one to six years.

No. A passenger under 16 increases the statutory minimum incarceration period for qualifying first through fifth offenses. The DWI classification still depends on the offense level. Separate charges can arise from the facts, but child-passenger presence alone does not automatically reclassify every DWI as a felony.

Arkansas Code § 5-65-107 prohibits reducing the DWI charge to a different offense. The State can still dismiss a case when legally appropriate, and a judge or jury can acquit when the State does not prove guilt beyond a reasonable doubt.

For more answers about private property, parked vehicles, prescription medication, marijuana, CDL consequences, independent testing, refusal, boating, out-of-state licenses, and trial defenses, visit our Arkansas DWI Frequently Asked Questions.

Arkansas DWI law combines criminal prosecution, administrative license action, scientific evidence, constitutional rules, and escalating penalties. Missing a deadline or overlooking a testing issue can narrow your options before the case reaches trial.

Warden Law Firm prepares DWI cases for litigation from the beginning. Harry Warden, together with Ludwig Law Firm attorneys Kale Ludwig, Kyle Ludwig, Gene Ludwig, and Weston Sizemore when appropriate, examines the stop, actual physical control, officer observations, field sobriety tests, chemical testing, administrative paperwork, prior offenses, and every element the State must prove.

If you face a DWI charge in Little Rock, central Arkansas, Northwest Arkansas, or elsewhere in the state, call 501-291-0422 or visit our Arkansas DWI/DUI Defense page.