DWI Laws in Arkansas

In Arkansas, driving while intoxicated (DWI) is a criminal offense. A driver who is caught using drugs or alcohol could face serious penalties, such as jail, large fines, and a suspended driver's license.

What Are the DWI Laws in Arkansas?

In Arkansas, you can get a DWI if you operate or are in physical control of a motor vehicle while intoxicated. (Ark. Code § 5-65-103 (2025).)

What Does "Intoxicated" Mean?

A prosecutor can prove a person is guilty of a DWI by using a chemical test to show an illegal blood alcohol concentration (BAC) or by showing that the person appeared "intoxicated."

If you drive with a BAC of .08% or higher, you can be found guilty of a DWI, whether or not your driving ability was actually impaired. In other words, the prosecution technically doesn't need to show that a driver was driving dangerously or appeared intoxicated. A prosecutor merely needs to show that the driver's BAC was above the legal limit. (Ark. Code § 5-65-103 (2025).)

However, the prosecution doesn't need a blood or breath test result to convict a person of a DWI. You can also get a DWI for being intoxicated while driving. In Arkansas, "intoxicated" means a person's "reactions, motor skills, and judgment are substantially altered" as the result of ingesting alcohol, drugs, or other intoxicants, or any combination of these. (Ark. Code §§ 5-65-102, 5-65-103 (2025).)

What Does "Actual Physical Control" Mean?

Arkansas's DWI laws don't require a person to drive a car to be convicted of a DWI. Instead, Arkansas's law allows a DWI conviction if a person was in "actual physical control" of a motor vehicle. (Ark. Code § 5-65-103 (2025).)

Actual physical control doesn't require the vehicle to be moving or have a running engine. Instead, the prosecution needs to show only that the driver had the ability to exert control over the vehicle. For instance, someone in the driver's seat with the key in the ignition—but without the engine on—could be considered to be in actual physical control of the vehicle. (Wiyott v. State, 683 S.W.2d 220 (Ark. 1985).)

What Are the Penalties for a DWI?

In Arkansas, the penalties for DWIs generally increase with each new conviction. For purposes of counting prior DWIs, DWI convictions stay relevant for 10 years.

First DWI Penalties

A first DWI is a misdemeanor and has the following penalties:

• 24 hours to 1 year in jail
• $150 to $1,000 in fines, and
• a license suspension (see below).

The minimum jail sentence is 7 days if there was a passenger younger than 16 in the vehicle. (Ark. Code §§ 5-65-104, 5-65-111, 5-65-112 (2025).)

Second DWI Penalties

A second DWI within the past 10 years is a misdemeanor and has the following penalties:

• 7 days to 1 year in jail
• $400 to $3,000 in fines, and
• a license suspension (see below).

The minimum jail sentence is 30 days if there was a passenger younger than 16 in the vehicle. (Ark. Code §§ 5-65-104, 5-65-111, 5-65-112 (2025).)

Third DWI Penalties

A third DWI within the past 10 years is a misdemeanor and has the following penalties:

• 90 days to 1 year in jail
• $900 to $5,000 in fines, and
• a license suspension (see below).

The minimum jail sentence is 120 days if there was a passenger younger than 16 in the vehicle. (Ark. Code §§ 5-65-104, 5-65-111, 5-65-112 (2025).)

Community Service Instead of Jail

In some misdemeanor DWI cases, a judge can order community service instead of jail time (for at least a portion of the jail sentence). However, the judge must have good cause to do so and must state the reasons for not ordering jail time. (Ark. Code § 5-65-111 (2025).)

Felony DWI

A DWI is a felony in Arkansas if a person is killed or it's a driver's fourth DWI in the past 10 years. (Ark. Code § 5-65-111 (2025).)

Fourth, Fifth, or Sixth DWI

A driver with three or more prior DWI convictions who is convicted of a new DWI will be guilty of a felony. The penalties are:

• Fourth DWI. One to six years in prison and $900 to $5,000 in fines.
• Fifth DWI. 2 to 10 years in prison and $900 to $5,000 in fines.
• Sixth DWI. 5 to 20 years in prison and up to $15,000 in fines.

A felony DWI will also lead to a license revocation (see below). (Ark. Code §§ 5-4-201, 5-4-401, 5-65-111, 5-65-112 (2025).)

Felony DUI Charges for Deaths

An intoxicated driver who is in an accident that kills another person can be charged with negligent homicide, a class B felony. The conviction penalties are 5 to 20 years in prison and up to $15,000 in fines. (Ark. Code §§ 5-4-201, 5-4-401, 5-10-105 (2025).)

License Suspensions for DWIs

Losing a license can be a serious hardship for people who don't have public transportation options. Arkansas imposes a license suspension or revocation for all DWIs. When determining how long a license suspension will be, Arkansas counts all DWIs within the previous 5 years.

The DWI license suspensions are:

• First DWI. 6 months.
• Second DWI. 24 months.
• Third DWI. 30 months.
• Fourth or Subsequent DWI. 4 years.

(Ark. Code § 5-65-104 (2025).)

During this revocation period, the licensee might be able to obtain a restricted license for a misdemeanor DWI. However, depending on the circumstances, the restricted license will likely require an ignition interlock device (IID). Drivers convicted of a fourth or subsequent DWI will be required to install an IID when their license is reinstated. (Ark. Code §§ 5-65-104, 5-65-118 (2025).)

Implied Consent and Refusal

Arkansas's implied consent law says that if you're driving a vehicle, you have given consent to taking a chemical test to determine the amount of alcohol or drugs in your blood. (Ark. Code § 5-65-202 (2025).)

Refusing a chemical test will result in a license suspension. When determining how long a license suspension will be, Arkansas counts all refusals within the previous 5 years. The refusal license suspensions are:

• First refusal. 180 days.
• Second refusal. 2 years.
• Third refusal. 3 years.
• Fourth refusal. 4 years.

(Ark. Code § 5-65-205 (2025).)

Underage DWIs

Arkansas has a separate underage DWI offense for drivers who are younger than the legal drinking age. An underage DWI carries different penalties than a standard DWI.

In Arkansas, it's illegal for drivers who are younger than 21 to have a BAC of .02% or more. If their BAC is .02% to .08%, they can be found guilty of an underage DWI. If their BAC is .08% or higher, they can be found guilty of a standard DWI. (Ark. Code § 5-65-303 (2025).)

Underage drivers can also be convicted of an underage DWI for being "under the influence," which means having their reactions, motor skills, and judgment altered or diminished to the slightest scale. (Ark. Code §§ 5-5-65-102, 5-65-303 (2025).)

The penalties for underage DWI are:

• First offense. $100 to $500 in fines, a 90-day license suspension, and an alcohol education course.
• Second offense. 30 days or more of community service, $200 to $1,000 in fines, a 1-year license suspension, and an alcohol education course.
• Third offense. 60 days or more of community service, $500 to $2,000 in fines, a 3-year license suspension (or until the driver turns 21, whichever is longer), and an alcohol education course.

(Ark. Code §§ 5-65-304, 5-65-305, 5-65-306 (2025).)

Plea Bargains and Getting Help From an Attorney

Unlike other states, Arkansas bars plea bargaining a DWI charge to obtain a conviction for "wet reckless" (reckless driving involving alcohol) or another lesser charge. The state even bars a prosecutor from dismissing a DWI charge. (Ark. Code §§ 5-65-107 (2025).)

Despite this ban on plea bargains and dismissals, a qualified attorney can help a person charged with a DWI fight the prosecution's case and obtain a not guilty verdict. A lawyer can look at the evidence and determine whether there are good defenses. An attorney can also help obtain the best sentence possible if a driver is convicted.