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 Arkansas Department of Finance and Administration lists the interlock as a standard reinstatement condition tied to Arkansas Code 5-65-205, with the device installed for a period equal to the length of the license suspension. During the suspension, an eligible driver may apply for an interlock restricted license, which allows driving a non-commercial vehicle equipped with the device. That option is available on a first alcohol offense but not for a DWI involving drugs or for a second or subsequent test refusal. 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 counts prior DWIs within a 10-year look-back window, so penalties escalate sharply for offenses inside that period under Arkansas Code 5-65-111. A second DWI within 10 years carries 7 days to one year in jail and a fine of $400 to $3,000, and a third within 10 years carries 90 days to one year in jail and a fine of $900 to $5,000. The felony threshold sits at the fourth offense: a fourth DWI within 10 years is a felony punishable by one to six years in prison, with a four-year license revocation. 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 generally be petitioned for sealing after the person completes the entire sentence, including jail or public service, fines, the alcohol program, and the interlock and suspension period, and then clears the required waiting period without new charges. 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 the current waiting period and 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. Many people consult a licensed Arkansas DWI attorney to understand the charge, the hearing deadline, and the options for both the court case and the license case. Keep the arrest paperwork, any notice of suspension, and the test results in a safe place.