Arkansas · DWI · Checked October 2026

Arkansas DWI Penalties: First, Second and Third Offense

Arkansas DWI Penalties: What Are the Rules?

Arkansas sets DWI penalties by offense, and they rise with each conviction.

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
Lookback period
10 years

Arkansas DWI Penalties by Offense

DWI penalties in Arkansas
PenaltyFirst offenseSecond offenseThird offense
Chargeunclassified misdemeanorunclassified misdemeanorunclassified misdemeanor
Jail24 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 suspension6 months24 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 interlockRequired for a period equal to the license suspensionRequired for a period equal to the license suspensionRequired for a period equal to the license suspension

Other First Offense Penalties in Arkansas

  • Alcohol and drug education or treatment program
  • Victim impact panel
  • $150 reinstatement fee

Official source: other first offense penalties (Arkansas)

Other Second Offense Penalties in Arkansas

  • Vehicle registration suspension for a second alcohol or drug offense within 5 years, for the length of the license suspension or 1 year, whichever is longer, up to 5 years

Official source: other second offense penalties (Arkansas)

Other Third Offense Penalties in Arkansas

  • Vehicle registration suspension for a repeat alcohol or drug offense within 5 years

Official source: other third offense penalties (Arkansas)

When Penalties Are Higher in Arkansas

  • 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.
  • 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 revocation
  • Fifth offense within 10 years of the first: Unclassified felony: 2 to 10 years (3 to 10 years with a passenger under 16)
  • Sixth or subsequent offense within 20 years of the first: Class B felony

Official source: when penalties are higher (Arkansas)

When a DWI Is 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 felonyArk. Code Ann. § 5-65-111(d)-(f)

Official source: when a dwi is a felony (Arkansas)

How Far Back Prior Offenses Count in Arkansas

10 years. Criminal sentencing counts priors within 10 years of the first offense (20 years for the sixth-offense Class B felony). Out-of-state DWI convictions count. The Office of Driver Services applies a 5-year span for administrative suspension lengths.Ark. Code Ann. § 5-65-111 (as amended by Act 274 of 2021)

Official source: how far back prior offenses count (Arkansas)

More on DWI Law in Arkansas

See the full overview of DWI laws in Arkansas and read about first-offense DUI penalties across the states.

This page summarizes Arkansas law from official sources, checked October 2026. It isn't legal advice; 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.

What Is the Penalty for a Second DWI in Arkansas?

Jail: 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.. License suspension: 24 months (second offense within 5 years, per the Office of Driver Services).

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

Sources

  1. Penalties: Ark. Code Ann. § 5-65-111(a) (as amended by Act 274 of 2021)

dui.help is an independent guide, not a law firm or a government agency, and doesn't give legal advice. For advice on your case, talk to a lawyer licensed in your state; your state bar can refer you, and if you can't afford a lawyer, ask the court about a public defender.