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
| 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 |
Other First Offense Penalties in Arkansas
- Alcohol and drug education or treatment program
- Victim impact panel
- $150 reinstatement fee
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
Other Third Offense Penalties in Arkansas
- Vehicle registration suspension for a repeat alcohol or drug offense within 5 years
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
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)
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