Arkansas DWI Laws: Penalties, BAC Limit & License (2026)

In Arkansas the offense is called driving while intoxicated (DWI), and Arkansas Code 5-65-103 makes it unlawful to operate or be in actual physical control of a motor vehicle with a blood or breath alcohol concentration (BAC) of 0.08 percent or more. A first DWI is an unclassified misdemeanor punishable by 24 hours to one year in jail, a fine of $150 to $1,000, and a six-month license suspension, according to the Arkansas Department of Finance and Administration.

This guide is part of our DUI Laws by State series.

What counts as a DWI in Arkansas

Arkansas charges the offense as driving while intoxicated under Arkansas Code 5-65-103, part of Title 5, Chapter 65 of the Arkansas Code, which is published by the Arkansas General Assembly. The statute defines the offense two ways: operating or being in actual physical control of a motor vehicle while intoxicated, or doing so with a BAC of 0.08 percent or more. Because the first definition does not require a specific number, a driver can be convicted below 0.08 if the State proves intoxication from alcohol, drugs, or a combination. Commercial drivers face a 0.04 percent limit, and drivers under 21 fall under the underage DUI law, which the Arkansas Department of Finance and Administration describes as covering a BAC of 0.02 to 0.079 percent. The 0.08 figure is the federal benchmark adopted by every state except Utah, which uses 0.05 percent, as the National Highway Traffic Safety Administration explains. A DWI under this section is treated as a strict liability offense.

First-offense DWI penalties in Arkansas (jail, fines, suspension)

A first DWI is an unclassified misdemeanor. Under Arkansas Code 5-65-111, the jail term runs from not less than 24 hours to no more than one year, and the court may order public service in lieu of the minimum jail time. The minimum rises to seven days if a passenger under 16 was in the vehicle. Arkansas Code 5-65-112 sets the fine at not less than $150 nor more than $1,000 for a first offense. The Arkansas Department of Finance and Administration imposes a six-month driver license suspension, and reinstatement requires completing an alcohol education or treatment program, attending a victim impact panel, installing an ignition interlock device, and paying a $150 reinstatement fee. A notable Arkansas rule under Arkansas Code 5-65-107 is that a DWI charge generally may not be reduced through plea bargaining.

Watch out: The driver license suspension handled by the DFA Office of Driver Services and the criminal case in court are two separate proceedings. You can resolve the criminal case and still face the administrative suspension, and the DFA sets a short deadline to request an administrative hearing after arrest.

Ignition interlock requirements in Arkansas

Arkansas is stricter than many states because it requires an ignition interlock device even on a first alcohol-related DWI. The mandate is in Arkansas Code 5-65-118(a)(1)(A)(i), which directs the Office of Driver Services to place an interlock restriction on a person who has violated 5-65-103 for a first or second offense, and 5-65-118(b)(1)(B) sets the duration, running the device until the original suspension imposed under 5-65-104 has been completed. The restriction does not apply when the driver was intoxicated by a controlled substance rather than alcohol. Arkansas Code 5-65-118(g) also lets a first offender petition the sentencing court for a waiver, which the court may grant in three situations: the person must operate an employer's vehicle in the course and scope of employment and does not own or control the business that owns the vehicle, a medical doctor certifies the person is unable to provide a deep lung breath sample, or a state-certified interlock provider is not available within 100 miles of the person's residence. The Arkansas Department of Finance and Administration lists the certified providers and handles the interlock restricted license, which allows driving a vehicle equipped with the device during the suspension. That license is available on a first alcohol offense but not for a DWI involving drugs or for a second or subsequent test refusal under Arkansas Code 5-65-205. The device requires a breath sample before the engine starts and at random intervals while driving, and the driver pays the daily cost of the device, commonly a few dollars per day.

License suspension and the administrative (ALS) process in Arkansas

Arkansas runs two tracks at once. The administrative suspension is handled by the DFA Office of Driver Services and is based on the arrest and chemical test result, independent of the criminal court outcome. According to the Arkansas Department of Finance and Administration, a first offense brings a six-month suspension, a second offense within the enhancement window brings a 24-month suspension, a third brings a 30-month suspension, and a fourth brings a four-year revocation. A driver who wants to contest the suspension may request a DUI/DWI administrative hearing through the DFA. To reinstate, the driver must complete the alcohol education or treatment program, attend the victim impact panel, install the ignition interlock device, pass any required portions of the driver license exam if the license was revoked, and pay the $150 reinstatement fee.

Repeat offenses and the Arkansas look-back period

Arkansas actually runs two different enhancement windows. Under Arkansas Code 5-65-111, a prior DWI counts toward enhanced jail time and felony offender status for 10 years, so a second DWI within 10 years carries 7 days to one year in jail and a third within 10 years carries 90 days to one year in jail. The fine enhancement in Arkansas Code 5-65-112 runs on a separate, shorter 5-year window: the $400 to $3,000 second-offense fine and the $900 to $5,000 third-offense fine apply only if the prior conviction falls within 5 years. A prior DWI 6 to 10 years old still enhances the jail exposure but not the fine. The felony threshold sits at the fourth offense: a fourth DWI within 10 years is an unclassified felony punishable by one to six years in prison, with a four-year license revocation. A fifth or subsequent DWI within 10 years is also an unclassified felony, and Arkansas Code 5-65-111(e) raises the range to no fewer than two years and no more than ten years, or three to ten years if a passenger under 16 was in the vehicle. A sixth or subsequent DWI within 20 years is a Class B felony. Beyond the offense count, a DWI that causes serious injury or death can be charged as negligent homicide or a related felony regardless of how many priors the driver has.

Watch out: Refusing a chemical test does not protect your license. A first refusal triggers a 180-day administrative suspension under Arkansas Code 5-65-205, and a second refusal within the enhancement window brings a 24-month suspension, longer than the suspension for simply failing the test.

Refusing a breath or blood test in Arkansas

Arkansas's implied consent law in Arkansas Code 5-65-202 provides that by driving on a public road you have consented to a breath, blood, or urine test if lawfully arrested for DWI. According to the Arkansas Department of Finance and Administration, a first refusal results in a 180-day suspension, a second refusal within the enhancement window results in a 24-month suspension, a third results in a three-year revocation, and a fourth results in a lifetime revocation. An interlock restricted license may be available on a first refusal but not on a second or subsequent refusal. Because a refusal carries its own suspension on top of the criminal case, refusing rarely helps, and Arkansas treats a refusal as a violation in its own right.

Can you expunge or seal a DWI in Arkansas

Arkansas allows a person to petition to seal certain DWI convictions, unlike states that bar DWI expungement entirely. Under the sealing provisions in Arkansas Code Title 16, Chapter 90 (the Comprehensive Criminal Record Sealing Act), a first-offense misdemeanor DWI can be petitioned for sealing under Arkansas Code 16-90-1405(a), which makes a person eligible to file immediately after completing the sentence, including any restitution, paying court costs, paying any driver's license suspension reinstatement fees, and finishing all other license reinstatement requirements. There is no separate waiting period before a first petition. A repeat filing is different: under 16-90-1405(b)(2) a person may not file a new petition to seal a DWI until the applicable look-back periods under Arkansas Code 5-65-111 have elapsed, and under Act 691 of 2025 a specialty court program judge may not order DWI sealing until those look-back periods run. Sealing does not physically destroy the record; law enforcement and the courts can still access it, and a sealed DWI still counts as a prior for the 10-year look-back. Felony DWIs and cases involving injury or death face stricter eligibility, and a person should confirm current eligibility with the court of conviction.

What to do after a DWI arrest in Arkansas

An Arkansas DWI creates two separate matters: a criminal case in court and an administrative license case at the DFA Office of Driver Services. The deadlines are short, so a common first step is to request the DUI/DWI administrative hearing within the window the DFA sets, because missing it generally lets the suspension take effect automatically. The criminal case moves on its own schedule from first appearance through resolution, and because Arkansas Code 5-65-107 bars reducing the charge, the options differ from many other states. General information cannot tell you how your case will come out, since the outcome depends on the specific facts, the evidence, and your record. Since the charge cannot be reduced, ask an Arkansas DWI lawyer for a free consultation on the DFA hearing deadline and your options in court (attorney advertising). Keep the arrest paperwork, any notice of suspension, and the test results in a safe place.

More Arkansas Laws

• Arkansas Expungement Laws
• Arkansas Warrant Search

Frequently Asked Questions

What is the BAC limit in Arkansas?

The per se limit is 0.08 percent BAC under Arkansas Code 5-65-103. Commercial drivers are limited to 0.04 percent, and drivers under 21 fall under a zero-tolerance underage DUI rule covering a BAC of roughly 0.02 to 0.079 percent.

How long do you lose your license for a first DWI in Arkansas?

A first DWI brings a six-month license suspension through the Arkansas DFA Office of Driver Services. Reinstatement requires completing an alcohol program, attending a victim impact panel, installing an ignition interlock device, and paying a $150 reinstatement fee.

Is a first DWI a felony in Arkansas?

No. A first DWI is an unclassified misdemeanor under Arkansas Code 5-65-111. A DWI becomes an unclassified felony on the fourth offense within 10 years, punishable by one to six years, a fifth or subsequent offense within 10 years carries two to ten years, and a sixth or subsequent offense within 20 years is a Class B felony.

Do you need an interlock for a first DWI in Arkansas?

Yes, in most cases. Arkansas Code 5-65-118 requires an ignition interlock device even on a first alcohol-related DWI, and the device runs until the original suspension is completed. A first offender may drive on an interlock restricted license during the suspension. Under 5-65-118(g) the court may waive the device if the person must operate an employer's vehicle for work, a medical doctor certifies the person cannot give a deep lung breath sample, or no state-certified provider is available within 100 miles of the person's residence.

What happens if you refuse a breathalyzer in Arkansas?

Under implied consent in Arkansas Code 5-65-202, refusing a breath, blood, or urine test triggers a 180-day suspension on a first refusal under Arkansas Code 5-65-205. Later refusals bring a 24-month suspension, a three-year revocation, and a lifetime revocation.

How long does a DWI stay on your record in Arkansas?

A DWI counts as a prior for 10 years under Arkansas's look-back period and stays on your record unless sealed. Under Arkansas Code 16-90-1405(a) a first-offense misdemeanor DWI may be petitioned for sealing immediately after the sentence, court costs, and license reinstatement requirements are complete.

Can you get a DWI expunged in Arkansas?

Arkansas allows a person to petition to seal a first-offense misdemeanor DWI under the state's record sealing law in Title 16, Chapter 90. Arkansas Code 16-90-1405(a) makes a person eligible immediately after completing the sentence, court costs, and license reinstatement requirements, with no added waiting period for a first petition. Sealing does not erase the record for law enforcement, and the DWI still counts as a prior.

What is the look-back period for DWI in Arkansas?

Arkansas uses a 10-year look-back period under Arkansas Code 5-65-111. Prior DWI convictions within 10 years count toward second, third, and felony offender status, including the felony fourth offense.

Can a DWI be reduced to a lesser charge in Arkansas?

Generally no. Arkansas Code 5-65-107 provides that a DWI charge may not be reduced through plea bargaining, which sets Arkansas apart from many states that allow a DWI to be pleaded down to a lesser offense like reckless driving.