Arkansas · DWI · Checked October 2026

DWI Laws in Arkansas

What Happens if You Get a DWI in Arkansas?

Arkansas calls it DWI, and the legal limit for adult drivers is 0.08 blood alcohol content.

License hearing deadline: 7 days to challenge your license suspension
First offense jail: 24 hours to 1 year; 7 days to 1 year if a passenger under 16 was in the vehicle. The court may order public service instead
First offense license: 6 months
Felony: A fourth DWI within 10 years of the first offense is an unclassified felony (1 to 6 years); a fifth within 10 years is an unclassified felony (2 to 10 years); a sixth or later within 20 years is a Class B felony

Researched and checked by the DUI Help Editorial Team ·October 3, 2026

Arkansas DWI Laws: Key Facts

Legal limit (adults): 0.08 BACArk. Code Ann. §§ 5-65-103, 5-65-303
Commercial drivers (CDL): 0.04 BAC
Drivers under 21: 0.02 BAC (Underage DUI covers a BAC of 0.02 through 0.079 for drivers under 21)
Lookback period: 10 years

Arkansas DWI Penalties by Offense

DWI penalties in Arkansas for a first, second and third offense
Penalty	First offense	Second offense	Third offense
Charge	unclassified misdemeanor	unclassified misdemeanor	unclassified misdemeanor
Jail	24 hours to 1 year; 7 days to 1 year if a passenger under 16 was in the vehicle. The court may order public service instead.	7 days to 1 year (second offense within 10 years of the first); 30 days to 1 year if a passenger under 16 was in the vehicle. Public service of at least 30 days (60 with a child passenger) may replace jail.	90 days to 1 year (third offense within 10 years of the first); 120 days to 1 year if a passenger under 16 was in the vehicle. Public service of at least 90 days (120 with a child passenger) may replace jail.
License suspension	6 months	24 months (second offense within 5 years, per the Office of Driver Services)	30 months (third offense within 5 years, per the Office of Driver Services)
Ignition interlock	Required for a period equal to the license suspension	Required for a period equal to the license suspension	Required for a period equal to the license suspension

First offense: Ark. Code Ann. § 5-65-111(a) (as amended by Act 274 of 2021) · Second offense: Ark. Code Ann. § 5-65-111(b) (as amended by Act 274 of 2021) · Third offense: Ark. Code Ann. § 5-65-111(c) (as amended by Act 274 of 2021)

When Penalties Are Higher

Passenger under 16 in the vehicle: Higher minimum jail: 7 days (first), 30 days (second), 120 days (third), 2 years (fourth), 3 years (fifth). It is an affirmative defense that the driver was not more than 2 years older than the passenger.Ark. Code Ann. § 5-65-111(a)-(e), (i)
Fourth offense within 10 years of the first: Unclassified felony: 1 to 6 years (2 to 6 years with a passenger under 16); 4-year license revocationArk. Code Ann. § 5-65-111(d)
Fifth offense within 10 years of the first: Unclassified felony: 2 to 10 years (3 to 10 years with a passenger under 16)Ark. Code Ann. § 5-65-111(e)
Sixth or subsequent offense within 20 years of the first: Class B felonyArk. Code Ann. § 5-65-111(f)

More on Arkansas DWI penalties · Estimate penalties for your situation

If You Refuse a Breath or Blood Test

License suspension of 180 days (first), 24 months (second within 5 years), 3-year revocation (third within 5 years), lifetime revocation (fourth within 5 years); victim impact panel and $150 reinstatement feeArk. Code Ann. § 5-65-205

Official source: if you refuse a breath or blood test in Arkansas

Getting a Interlock Restricted License or Restricted Driving Permit

You may request an uncontested hearing with Driver Control to determine eligibility for an interlock restricted license or a restricted driving permit, depending on the offense. Drug DWI and underage offenders may get a restricted driving permit at a hearing officer's discretion. You may drive for 30 days on the Official Driver's License Receipt if your license was valid at arrest.

Official source: getting a interlock restricted license or restricted driving permit in Arkansas

Ignition Interlock

First offense: Yes, for alcohol DWI: an interlock for a period equal to the license suspension before reinstatement Repeat offenses: Yes, for a period equal to the license suspension A Confirmation of Interlock Requirement form must be submitted to Driver Control

Official source: ignition interlock in Arkansas

Can a DWI Come Off Your Record?

A misdemeanor DWI can be sealed by uniform petition, but not until the applicable lookback periods under § 5-65-111 have elapsed Waiting period: After the § 5-65-111 lookback periods have elapsed Holders of a commercial license or permit at the time of a traffic offense committed in a motor vehicle cannot petition to seal it

Official source: can a dwi come off your record? in Arkansas

Drivers Under 21

Underage DUI: driving under 21 with a BAC of 0.02 through 0.079 Suspension of 90 days (first), 1 year (second), and 3-year revocation or until age 21, whichever is longer (third); alcohol education, victim impact panel, $25 reinstatement fee; a restricted driving permit may be issued

Official source: drivers under 21 in Arkansas

Driving After Using Drugs

Yes. DWI covers drugs; drug DWI carries the same suspension periods as alcohol DWI (6 months first, 24 months second, 30 months third, 4-year revocation fourth) and does not carry the interlock requirement

Official source: driving after using drugs in Arkansas

More on DWI Law in Arkansas

For the state's own guidance, see Arkansas DFA Office of Driver Services: DUI/DWI Information.

This page summarizes Arkansas law from official sources, checked October 2026. It isn't legal advice; laws change, and a lawyer licensed in Arkansas can advise on your case.

Frequently Asked Questions

What Is the Penalty for a First DWI in Arkansas?

Jail: 24 hours to 1 year; 7 days to 1 year if a passenger under 16 was in the vehicle. The court may order public service instead.. License suspension: 6 months.

How Long Do You Have to Request a License Hearing in Arkansas?

7 days. How it is counted: the arrest, when the officer takes your license and gives you the Notice of Suspension/Revocation/Disqualification (7 calendar days). Submit the DFA online DUI/DWI Administrative Hearing Request Form; hearings may be held at the nearest DFA Revenue office or by telephone. If you miss it, the suspension usually takes effect automatically.

When Is a DWI a Felony in Arkansas?

A fourth DWI within 10 years of the first offense is an unclassified felony (1 to 6 years); a fifth within 10 years is an unclassified felony (2 to 10 years); a sixth or later within 20 years is a Class B felony