Arkansas DWI PENALTIES | Harry Warden's Guide

DWI Penalties in Arkansas 

Did you know that the total financial cost of being arrested and charged for a first-offense DWI in Arkansas is upwards of $7,000? This includes the administrative fine required by law, payment of attendance fees for your alcohol education and victim impact classes, ignition interlock monthly and installation fees, license reinstatement fee, and increased car insurance premiums. And with felony DWIs (4-6), you face the potential forfeiture of your vehicle, which makes you eat five or even six-digit losses.  

Then, there's a devastating loss of your time and energy (which is priceless). With a DWI charge, you are facing countless hours in court and administrative hearings, substantial prison time or community service hours, a required ignition interlock device in your car, required attendance in victim impact panels and alcohol education classes...and on and on the list goes. 

It may actually be more cost-effective to pay a private law firm a flat fee and monthly payments than it would be if you just took a plea deal. If a private attorney dismisses your charge, you don’t have to pay any of the above fines, go to any of the above classes, and your license is no longer suspended, which means no ignition interlock payments or increased car insurance premiums. This is something to seriously consider as you are deciding what to do after a DWI arrest. 

This page is the simplest breakdown of DWI penalties in Arkansas – from offenses one through six – as well as their underage DUI counterparts. The content comes directly from our attorneys, who have extensive practical knowledge from litigating DWIs at trial and a robust knowledge of Arkansas DWI law. 

Recently Arrested? Don’t Skip Your 7-Day Deadline 

After you are arrested, the law enforcement officer will give you a pink form. That form must be filled out and submitted to the Office of Driver Services to schedule a hearing to suspend your driver’slicense (Arkansas Code § 5-65-402). 

Penalties That Apply Universally to Offenses 1 - 6 

While jail time, fines, and license suspension periods increase with each offense, there are some penalties that all DWI defendants in Arkansas must face: 

• Payment of court costs – $300 
• Mandatory alcohol education or treatment program and payment of applicable fees –  $125 - $150 (Arkansas Code § 5-65-307(a)(3)(A)(i); Arkansas Code § 5-65-115(a)(2)(B)(i)). 
• Mandatory victim impact panel attendance and payment of applicable fees –  $40 - $50 (Arkansas Code § 5-65-121(b)(1-2)). 
• Installation of ignition interlock in your vehicle: $200 installation fee, with monthly payments of $80 per month. 
• Payment of license reinstatement fee ($150 for a DWI, $25 for a DUI) (Arkansas Code § 5-65-119(b)(1)(A)Arkansas Code § 5-65-304(d)(1)(A)). 
• SR-22 insurance filing fees. 
• A permanent criminal record that cannot be sealed until all conditions are completed, and 10 years have passed since the date of the conviction. 

While these requirements may seem small in comparison to jail time, the fees and hours add up.  

First-Offense DWI/DUI 

For a first DWI offense, Arkansas treats the charge as an unclassified misdemeanor. The penalties are as follows: 

• Between 24 hours to one year in jail (Arkansas Code § 5-65-111(a)(1)(A)). 
• Court may allow at least 30 days of community service in lieu of jail time (Arkansas Code § 5-65-111(a)(1)(A)). 
• The fine ranges from $150 to $1,000 under Arkansas Code § 5-65-112(1), plus $300 in court costs. 
• If a passenger under 16 was present, the minimum jail time increases to seven days, with at least 60 days of community service (Arkansas Code § 5-65-111(a)(1)(B); Arkansas Code § 5-65-111(a)(2)(B)). 
• 6-month drivers license suspension, during which time you can drive on a special state-administered license so long as you have an ignition interlock installed in your car (Arkansas Code § 5-65-104(a)(2)(A)(i)(a-c)). 
• For a first underage DUI, jail time is not required, but community service and alcohol education attendance are required (Arkansas Code § 5-65-306(a); Arkansas Code § 5-65-307(d)(1)(i)(a)). 
• A first offense DUI fine will range from $100 to $500 under Arkansas Code § 5-65-305(a)(1). 
• Ninety-day license suspension for a first underaged DUI offense. An ignition interlock is not available for DUI offenders (Arkansas Code § 5-65-304(b)(2)(A)). 

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. 

Second-Offense DWI/DUI (Within 10 Years of First) 

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 (Arkansas Code § 5-65-111(b)(1)(A); Arkansas Code § 5-65-111(b)(2)(A)). 
• 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 (Arkansas Code § 5-65-111(b)(1)(B); Arkansas Code § 5-65-111(b)(2)(B)). 
• Fines increase to between $400 and $3000 (Arkansas Code § 5-65-112(2)). 
• 24-month license 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)). 
• A second underage DUI requires 30 days of community service (Arkansas Code § 5-65-306(b)(1)). 
• DUI second offense fines range between $200 - $1000 (Arkansas Code § 5-65-305(a)(2)). 
• One year license suspension for a second underaged DUI offense. An ignition interlock is not available for DUI offenders (Arkansas Code § 5-65-304(b)(2)(B)). 

The mandatory minimum jail sentence is one of the most important changes from a first offense. Even with strong litigation, judges have less flexibility to avoid jail time entirely on a second DWI. 

Third-Offense DWI/DUI (Within 10 Years of First) 

A third-offense DWI becomes dramatically more serious. Courts now consider the defendant a habitual DWI offender, and penalties include: 

• Between 90 days and one year in jail (Arkansas Code § 5-65-111(c)(1)(A)). 
• 90 days of community service may be used as an alternative to jail time (Arkansas Code § 5-65-111(c)(2)(A)). 
• If a passenger under 16 was present, the jail range increases to 120 days to one year, with at least 120 days of community service (Arkansas Code § 5-65-111(c)(1)(B); Arkansas Code § 5-65-111(c)(2)(B)). 
• Fine between $900 to $5,000 (Arkansas Code § 5-65-112(3)). 
• 30-month drivers license suspension, during which time you can drive on a special state-administered license so long as you have an ignition interlock installed in your car (Arkansas Code § 5-65-104(a)(2)(A)(i)(a-c)). 
• A third or subsequent underage DUI requires one year of community service (Arkansas Code § 5-65-306(b)(2)). 
• DUI third or subsequent offense fines range from $500 - $2000 (Arkansas Code § 5-65-305(a)(3)). 
• A license revocation for a third or subsequent underaged DUI 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 (Arkansas Code § 5-65-304(b)(2)(C)). 

A third DWI is the last offense level where the charge remains a misdemeanor. The next offense crosses into felony territory, with substantially greater exposure.  

Fourth-Offense DWI/DUI (Within 10 Years of First) | Felonies Start Here 

A felony DWI conviction threatens your basic civil rights and professional privileges “ you risk loss of firearm rights, limitations on employment, and effects on professional licensing. 

A fourth DWI occurring within 10 years of the first is an unclassified felony, and results in the following penalties: 

• One to six years in jail (community service is not available as a substitute) (Arkansas Code § 5-65-111(d)(1)). 
• If a passenger under 16 was present, jail time goes up to two to six years (Arkansas Code § 5-65-111(d)(2)). 
• Fines are the same for a third and subsequent DWI charge within 5 years - between $900 to $5,000 (Arkansas Code § 5-65-112(3)). 
• Your license will be revoked for four years. The State will not provide you the right to immediately install an ignition interlock device, and after your license revocation period is over, you will be required to install an ignition interlock device for a period of time set by the Office of Driver Services (Arkansas Code § 5-65-104(a)(2)(D)(i); Arkansas Code § 5-65-104(a)(2)(D)(ii)). 
• The state can seize your car/boat and vehicle title at the court's discretion, and the sheriff may sell it to the highest bidder (Arkansas Code § 5-65-117(a)(1)(A); Arkansas Code § 5-65-117(a)(2)(B)). 

Fifth-Offense DWI/DUI (Within 10 Years of First) 

Five DWIs within 10 years remains an unclassified felony, but with substantially harsher exposure: 

• Mandatory minimum 2 years in prison, up to 10 years (Arkansas Code § 5-65-111(e)(1)). 
• Fines are the same for a third and subsequent DWI charge within 5 years - between $900 to $5,000 (Arkansas Code § 5-65-112(3)). 
• Your license will be revoked for four years. The State will not provide you the right to immediately install an ignition interlock device, and after your license revocation period is over, you will be required to install an ignition interlock device for a period of time set by the Office of Driver Services (Arkansas Code § 5-65-104(a)(2)(D)(i); Arkansas Code § 5-65-104(a)(2)(D)(ii)). 
• The state can seize your car/boat and vehicle title at the court's discretion, and the sheriff may sell it to the highest bidder (Arkansas Code § 5-65-117(a)(1)(A); Arkansas Code § 5-65-117(a)(2)(B)). 

Sixth-Offense DWI/DUI (Within 20 Years of First) 

A sixth DWI offense within 20 years is a Class B felony (Arkansas Code § 5-65-111(f)), which means all its penalties are on an entirely different level: 

• 5 to 20 years in prison (Arkansas Code § 5-4-401(a)(3)). 
• Fines up to $15,000 (Arkansas Code § 5-4-201(a)(1)). 
• License revocation of 4 years and long-term ignition interlock (Arkansas Code § 5-65-104(a)(2)(D)(i); Arkansas Code § 5-65-104(a)(2)(D)(ii)). 
• Vehicle forfeiture (Arkansas Code § 5-65-117(a)(1)(A); Arkansas Code § 5-65-117(a)(2)(B)). 

Enhancements and Additional Penalties 

Enhancements apply when the following factors are present no matter what offense youre on.

Child Passenger 

A passenger under 16 in the vehicle triggers a mandatory minimum 7 days in jail and may add a separate child endangerment charge (Arkansas Code § 5-65-111(a-d)). 

Accident Involved 

An accident – even without injuries – can strengthen the prosecution's case, as well as expose you to civil liability. 

Injury or Death 

A DWI can quickly turn into a negligent homicide (Class B Felony) or second-degree battery charge (Class C Felony) if the driver cases the death or life-threatening injury of another person while intoxicated or with a BAC of 0.08% or higher (Arkansas Code § 5-10-105(a)(1)(A)-(B); Arkansas Code § 5-13-202(a)(3)(B)(i); Arkansas Code § 5-13-202(b)(1)). 

Refusing a Chemical Test 

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 license 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. 

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)). 

Tampering With Ignition Interlock Device 

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) 

Driving Without License or Interlock During DWI License Suspension Period 

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)). 

Getting a DWI As a CDL Driver 

If a CDL or CLP holder is convicted of a first offense DWI or Refusal charge while operating a commercial vehicle or a non-commercial vehicle – or even if they simply blow above a 0.04% BAC – they will be disqualified from driving a commercial vehicle for one year (Arkansas Code § 27-23-112(b)(1)(A); Arkansas Code § 27-23-112(b)(1)(B)). 

If the commercial vehicle they were operating was transporting hazardous materials, they will be disqualified from driving a commercial vehicle for three years (Arkansas Code § 27-23-112(b)(1)(C)). 

If they catch a second conviction or refusal while in a commercial or noncommercial vehicle, they will be disqualified from driving a commercial vehicle for life (Arkansas Code § 27-23-112(b)(1)(D); Arkansas Code § 27-23-112(b)(1)(E)). 

A DWI Acquittal Can Wipe Both Administrative and Criminal Penalties Clean 

Arkansas law makes it clear that all penalties tied to a DWI are wiped clean upon a successful acquittal of charges. 

Your criminal charge is wiped clean, which means you have no criminal record, and if you get another DWI in the future, the count will reset, and you won’t be charged with a 2nd DWI or refusal (Arkansas Code § 5-65-205(c)(1-2); Arkansas Code § 5-65-104(a)(4)(B)). 

It also means that 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 (Arkansas Code § 5-65-104(b)(1)(A); Arkansas Code § 5-65-115(b)(1)(B); Arkansas Code § 5-65-115(d)(2); Arkansas Code § 5-65-304(c); Arkansas Code § 5-65-304(d)(2)(A-B); Arkansas Code § 5-65-307(d)(1)(ii); Arkansas Code § 5-65-310(c)(1-2); Arkansas Code § 5-65-310(f)(2)(A-B)). 

What Our Clients Often Ask Us About 

Several aspects of Arkansas DWI law surprise our clients and potential clients: 

How Long Before You Can Seal A DWI in Arkansas? 

You cannot seal your DWI until 10 years after your conviction date. There is no getting around this rule. 

Do Out of State DWIs Count? 

Out-of-state DWIs count towards enhanced penalties for subsequent charges, so long as they fall within the 10-year look-back period (Arkansas Code § 5-65-402(a)(6)(A)(i)). 

If You Win Your Case, Do Administrative Penalties Proceed? 

Contrary to what some sources may say, license consequences can absolutely be removed upon successful acquittal of a DWI case. The law could not be clearer on this point. See the above section for why that is. 

Can I Get A Plea Deal For My DWI? 

Arkansas law is very clear on this point – there are no charge reduction available for DWIs. 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. However, a DWI can be dismissed through trial work and motions to suppress.  

Talk to Warden Law Firm About an Arkansas DWI Charge 

If you are facing 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. Get Ludwig Warden PLC on Your Side today.