DUI Penalties In Arkansas

DWI penalties in Arkansas can be harsh. More importantly, beyond the criminal implications of jail time and fines, there are many secondary effects related to a DUI conviction, such as loss of license, increased fees for insurance and SR22 requirements, to employment consequences-especially if you are a commercial driver's license (CDL) or pilot's license holder.

The criminal consequences depend on the number of DUIs of which you have previously been convicted. While most DUI offenses are classified as misdemeanors rather than felonies, the Arkansas penalties for DWI convictions are typically much more serious than other misdemeanors. All DWI convictions require mandatory jail time. Contact us immediately if you are facing a DWI prosecution. Here is a listing of the potential court-related consequences:

Jail and Fines

DWI - for those convicted under Ark. Code Ann. § 5-65-101, et seq. (based on number of DWIs within 5 years of 1st offense)

  • DWI - 1st Offense: 1 day to 1 year in jail. $150 to $1,000. Unspecified amount of community service possible in lieu of jail.
  • DWI - 2nd Offense: 7 days to 1 year in jail. $400 to $3,000. 30 days minimum of community service possible in lieu of jail.
  • DWI - 3rd Offense: 90 days to 1 year in jail. $900 to $5,000. 90 days minimum of community service possible in lieu of jail.
  • DWI - 4th Offense (felony): 1 year to 6 years in prison. $900 to $5,000. 1 year minimum of community service possible in lieu of jail.
  • DWI - 5th Offense or above (felony): 2 years to 10 years in prison. $900 to $5,000. 2 years minimum of community service possible in lieu of jail.

DWI - While Driving a Commercial Vehicle - for those convicted under Ark. Code Ann. § 27-23-101, et seq.

  • DWI - 1st Offense or above: Up to 90 days in jail. Up to $500.

BWI (Boating While Intoxicated) (21 or older) (based on number of BWIs (21 or older) within 3 years of 1st offense)

  • BWI (21 or older) - 1st Offense: Up to 1 year in jail. $250 to $1,000.
  • BWI (21 or older) - 2nd Offense: 2 days to 1 year in jail. $500 to $2,500. 20 days minimum of community service possible in lieu of jail.
  • BWI (21 or older) - 3rd Offense or above: 60 days to 1 year in jail. $1,000 to $5,000.

BWI (under 21) (based on number of BWIs, regardless of age, with no limitation on look-back period)

  • BWI (under 21) - 1st Offense: No jail. $100 to $500.
  • BWI (under 21) - 2nd Offense: No jail. $200 to $1,000.
  • BWI (under 21) - 3rd Offense or above: No jail. $500 to $2,000.

Refusal to Submit to Chemical Test (regardless of number of offenses)

  • Refusal (regardless of age of person or whether non-CDL or CDL holder): No jail. No fines.
  • Refusal (BWI - 21 or older): No jail. $1,000 to $2,500.
  • Refusal (BWI - under 21): Not illegal.

NON-COMMERCIAL Driver's License Suspension/Revocation

DUI (based on number of DUIs AND DWIs within 5 years of 1st offense)

  • DWI - 1st Offense: 6 month suspension. DWI (alcohol) - Interlock License allowed immediately. DWI (drugs) - Restricted Permit allowed.6
  • DWI - 2nd Offense: 2 year suspension. Interlock License allowed immediately.
  • DWI - 3rd Offense: 30 month suspension. Interlock License allowed immediately.
  • DWI - 4th Offense or above: 4 year revocation. Interlock License NOT allowed.

BWI (Boating While Intoxicated) (based on number of BWIs within 3 years of 1st offense)

  • BWI - 1st Offense: 90 day prohibition from operating a motorboat.
  • BWI - 2nd Offense: 1 year prohibition from operating a motorboat.
  • BWI - 3rd Offense or above: 3 year prohibition from operating a motorboat.

Refusal to Submit to Chemical Test (based on number of Refusals - includes all Refusals, regardless of age of person or whether a Refusal (BWI) - within 5 years of 1st offense)

  • Refusal (21 or older) - 1st Offense: 180 day suspension. Interlock License allowed immediately.
  • Refusal (21 or older) - 2nd Offense: 2 year suspension. Interlock License NOT allowed.
  • Refusal (21 or older) - 3rd Offense: 3 year suspension. Interlock License NOT allowed.
  • Refusal (21 or older) - 4th Offense: Lifetime revocation. Interlock License NOT allowed.
  • Refusal (under 21) - 1st Offense: 90 day suspension. Interlock License allowed.
  • Refusal (under 21) - 2nd Offense: 1 year suspension. Interlock License NOT allowed.
  • Refusal (under 21) - 3rd Offense: Revoked until age 21 or 3 years, whichever is longer. Interlock License NOT allowed.
  • Refusal (under 21) - 4th Offense: Revoked until age 21 or 3 years, whichever is longer. Interlock License NOT allowed.
  • Refusal (BWI - 21 or older) - regardless of number of offenses: 6 month prohibition from operating a motorboat, in addition to underlying suspension for BWI.
  • Refusal (BWI - under 21): Not illegal.

COMMERCIAL Driver's License Suspension/Revocation

DWI / Refusal

  • DWI or Refusal (while driving a commercial vehicle) - 1st Offense: 1 year suspension of CDL.
  • DWI or Refusal (while driving a commercial vehicle and transporting hazardous materials) - 1st Offense: 3 year suspension of CDL.
  • DWI or Refusal (while driving a commercial vehicle) - "2nd Offense"8: Lifetime revocation of CDL.

If you are facing a DWI charge in Arkansas, contact us immediately by calling 901-410-0689 to begin addressing your issues.