Arkansas DWI Laws: Complete 2025 DUI Charges Guide
Arkansas enforces strict DWI laws with severe penalties for impaired driving offenses. The state uses DWI (Driving While Intoxicated) terminology as well as DUI (Driving Under the Influence), and implements comprehensive consequences including license suspension, fines, and mandatory ignition interlock devices. Arkansas takes a firm stance on drunk driving with escalating penalties for repeat offenses and enhanced punishments for aggravating factors.
Getting Started
If you’re arrested for a DWI in Arkansas, you face both administrative and criminal consequences that operate independently. The Arkansas Department of Finance and Administration (DFA) handles administrative license actions, while criminal charges proceed through the court system. Arkansas imposes immediate license suspension upon arrest and requires completion of multiple requirements for license reinstatement.
Important Note: While this page provides detailed information about Arkansas DWI laws, DUI.org does not offer legal advice. Laws can change, so consult a qualified DUI attorney for personalized guidance.
Definitions to Know
DWI (Driving While Intoxicated)
Arkansas uses DWI rather than DUI or Operating a Vehicle Under the Influence (OVI) terminology. DWI refers to Driving While Intoxicated by alcohol or drugs.
IID (Ignition Interlock Device)
An IID is a breathalyzer installed in your vehicle that prevents it from starting if alcohol is detected.
Arkansas Department of Finance and Administration
The Department of Finance and Administration handles driver licensing, administrative suspensions, and ignition interlock oversight. The DFA’s actions are separate from criminal court proceedings. You must address both DFA and court mandates to fully resolve your DWI case and restore your driving privileges.
Steps to Take After DWI Arrest in Arkansas
- Hire an Attorney
Legal counsel can help you navigate both administrative and criminal proceedings in Arkansas’s complex DWI system.
- Address License Suspension
You can expect immediate administrative license suspension following an arrest under Arkansas’ implied consent laws.
- Request an Administrative Hearing
You have 7 days to contest your administrative license suspension and request a hearing through the DFA.
- Apply for a Restricted License
If eligible, you may apply to obtain limited driving privileges through the Arkansas DFA ignition interlock program.
- Install an IID
For most DWI offenses, you will need to have an ignition interlock installed in your vehicle through an approved Arkansas IID provider.
Explore IIDs - Complete Substance Abuse Evaluation and Treatment
You will need to undergo an assessment through an Arkansas-approved evaluator before you can seek full license reinstatement.
- Pay Fines and Fees
DWI convictions in Arkansas come with significant financial penalties and you will need to satisfy paying court fines, administrative fees, and license reinstatement costs.
- Complete DUI Education Program
You will need to attend mandatory alcohol education courses through approved Arkansas providers.
- Attend Court Proceedings
Appear for all scheduled court dates and comply with judicial orders.
- Avoid Further Violations
Any additional violations during probation or license restriction can result in severe escalated penalties.
DUI Laws in Arkansas
What Are the Legal Driving Alcohol Limits in Arkansas?
Arkansas DWI BAC limit laws make it illegal to drive with specific blood alcohol concentration levels. Law enforcement uses breathalyzers and blood tests to measure impairment levels for prosecution under Arkansas DWI laws.
| Driver Category | BAC Limit | Arkansas DWI Classification |
| Adults 21 and older | 0.08% | Standard DWI |
| Commercial drivers | 0.04% | Commercial DWI |
| Drivers under 21 | 0.02% | Zero Tolerance DWI |
Arkansas DWI Degree Levels
Arkansas classifies Arkansas DWI penalties based on offense count and aggravating factors. The state imposes progressively severe consequences for repeat offenses within 10 years.
First offense
Classification: Unclassified Misdemeanor
Jail Time: Up to 1 year
Arkansas DWI Fines (5 year look-back period): $150-$1,000
License Suspension (5 year look-back period): 6 months
Second offense (within 10 years)
Classification: Unclassified Misdemeanor
Jail Time: 7 days – 1 year
Arkansas DWI Fines (5 year look-back period): $400-$3,000
License Suspension (5 year look-back period): 24 months
Third offense (within 10 years)
Classification: Unclassified Misdemeanor
Jail Time: 90 days – 1 years
Arkansas DWI Fines (5 year look-back period): $900-$5,000
License Suspension (5 year look-back period): 30 months
Fourth offense (within 10 years)
Classification: Unclassified Felony
Jail Time: 1-6 years
Arkansas DWI Fines (5 year look-back period): $900-$5,000
License Suspension (5 year look-back period): 4 years
Felony vs Misdemeanor DWI in Arkansas
Most first and second Arkansas DWI offenses are misdemeanors, but certain circumstances elevate charges to felony level. Arkansas DWI sentencing becomes significantly more severe for felony convictions.
A DWI becomes a felony in Arkansas if:
- It’s your fourth or subsequent offense within ten years
- The DWI caused serious bodily injury
- The DWI resulted in death
- You have prior felony DWI convictions
Felony DWI convictions carry prison sentences, substantial fines, and extended license suspensions compared to misdemeanor charges.
Refusing a Chemical Test Under Arkansas DWI Law
Arkansas enforces implied consent laws requiring chemical testing when officers suspect impaired driving. Refusing testing triggers automatic Arkansas DWI license suspension separate from criminal charges.
Arkansas DWI test refusal consequences:
- First refusal: 6-month license suspension
- Second refusal: 2-year license suspension
- Third refusal: 3-year license suspension
- Enhanced criminal penalties if convicted
DUI Penalties & Consequences
Penalties for DWI Offenses in Arkansas
Arkansas DWI penalties and fines increase substantially with each conviction. The state imposes mandatory minimum sentences and fees that cannot be waived or reduced below specified amounts.
Aggravating Factors That Increase Arkansas DWI Penalties
Arkansas DWI sentencing includes enhanced penalties for aggravating circumstances that demonstrate increased danger to public safety.
Aggravating factors in Arkansas include:
- Child passenger under 16 years old
- Causing bodily injury or property damage
- Excessive speeding while intoxicated
- Driving in a school zone
- Previous DWI convictions
- Refusing chemical testing
- Driving on suspended license
Will a DWI conviction land you in jail?
License Suspension
Who Determines if You Can Continue Driving After a DWI
Two separate entities control your driving privileges after an Arkansas DWI arrest, each operating independently with different procedures and timelines.
Arkansas Department of Finance and Administration (DFA)
Handles administrative license suspension based on test results or refusal. This occurs 30 days after arrest regardless of criminal case outcome.
Arkansas Courts
Impose additional license suspension as part of criminal sentencing. Court-ordered suspensions often run concurrently with administrative suspensions.
How Long Will Your License Be Suspended?
Arkansas DWI license suspension periods vary based on offense history, BAC level, and whether you refused testing. Administrative and criminal suspensions may overlap or run consecutively.
| Offense Type | Administrative Suspension | Criminal Suspension |
| First offense (0.08-0.14%) | 6 months | 6 months |
| Second offense | 24 months | 6 months |
| Third offense | 30 months | 6 months |
| Test refusal (first) | 6 months | Enhanced penalties |
Steps to Reinstate Your License
To reinstate your driver’s license after Arkansas DWI suspension, you must complete all requirements and pay associated fees to the Arkansas DFA.
Required steps include:
- Serve your full suspension period
- Pay reinstatement fees to Arkansas DFA
- Complete required education or treatment programs
- Attend Victim Impact Panel class and submit a completion certificate to Driver Control
- Install ignition interlock device if mandated
- Pass Arkansas Driver’s License Exam
Restoring Your Driving Privileges
After Arkansas DWI conviction, specific programs allow limited driving privileges during suspension periods. These options require strict compliance with state requirements and ongoing monitoring.
Eligibility for a Restricted Driver’s License
Arkansas offers restricted licenses for essential driving needs during suspension periods. Eligibility requires meeting specific criteria and installing ignition interlock devices.
- Serve minimum suspension period (varies by offense)
- Have no other pending suspensions
- Install certified ignition interlock device
- Pay applicable fees and penalties
- Demonstrate legitimate driving need
How to Apply for Restricted Driver’s License
Arkansas restricted license applications require documentation and proof of compliance with all program requirements.
Application process includes:
- Install IID on vehicle through approved provider
- Provide employment or medical documentation
- Complete substance abuse assessment
- Submit application to Arkansas DFA
- Pay application and monitoring fees
- Attend required interviews or hearings
Arkansas Ignition Interlock Requirement
Arkansas ignition interlock requirement applies to most DWI convictions and restricted license programs. The device prevents vehicle operation if alcohol is detected and requires ongoing monitoring.
Key requirements include:
- Installation in all vehicles you operate
- Regular maintenance and calibration appointments
- Compliance with all program rules and procedures
- Payment of installation and monthly monitoring fees
- No tampering or circumvention attempts
- Regular reporting to monitoring agency
The device must be installed by Arkansas-certified providers, and proof of installation is required for license reinstatement or restricted license eligibility.
Selecting the right ignition interlock provider can make a world of difference.
Substance Abuse Evaluation and Treatment
Arkansas requires DWI offenders to complete substance abuse evaluation and potential treatment through state-approved providers. This process is mandatory for license reinstatement and court compliance.
Evaluation process includes:
- Initial screening by approved Arkansas evaluator
- Comprehensive assessment of substance use patterns
- Treatment recommendations based on evaluation results
- Completion of recommended education or treatment programs
- Documentation of completion for court and DFA
Arkansas-approved substance abuse programs address alcohol and drug issues while providing education about impaired driving consequences.
Understand what to expect and how to prepare for a substance abuse evaluation.
FAQs About DWIs in Arkansas
How long will a DWI stay on your record in Arkansas?
A DWI conviction remains on your Arkansas driving record permanently. For employment and background check purposes, felony DWI convictions may appear indefinitely, while misdemeanor convictions typically remain visible for several years.
Can you refuse a breathalyzer test in Arkansas?
You can refuse chemical testing, but Arkansas’s implied consent law triggers automatic license suspension. Arkansas DWI test refusal results in 6-month suspension for first refusal, with longer suspensions for subsequent refusals.
Will you need an ignition interlock device after a DWI in Arkansas?
Most Arkansas DWI convictions require ignition interlock installation, especially for restricted licenses and repeat offenses. The Arkansas ignition interlock requirement applies to nearly all impaired driving cases.
How much does a DWI cost in Arkansas?
Arkansas DWI fines range from $150-$5,000 depending on offense level, but total costs including legal fees, increased insurance, ignition interlock, and other expenses typically exceed $10,000 for first-time offenses.
Sources
- Arkansas Department of Finance and Administration. (n.d.). DUI/DWI Information. https://dfa-site.ark.org/driver-services/dui-dwi-information
- Arkansas Department of Finance and Administration. (n.d.). DUI, DWI, BUI, BWI Offenses. https://www.dfa.arkansas.gov/office/driver-services/dui-dwi-information/dui-dwi-bui-bwi-offenses
- Arkansas Department of Finance and Administration. (n.d.). Interlock Providers. https://www.dfa.arkansas.gov/office/driver-services/dui-dwi-information/interlock-providers
- Arkansas Department of Finance and Administration. (n.d.). Alcohol Education Directory. https://www.dfa.arkansas.gov/office/driver-services/dui-dwi-information/alcohol-education-directory
- FindLaw. (n.d.). Arkansas DWI Laws. https://www.findlaw.com/state/arkansas-law/
- National College for DUI Defense. (n.d.). Arkansas DWI Laws. https://www.ncdd.com/arkansas-dwi-laws
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