Understanding Arkansas DWI Laws: What You Need to Know

Driving While Intoxicated (DWI) is a serious offense in Arkansas, carrying significant legal consequences. Understanding Arkansas DWI laws is crucial for all drivers to ensure compliance and avoid severe penalties. With stringent rules and potential long-term impacts, navigating the legal system without proper knowledge can be daunting. Here is an in-depth breakdown of Arkansas DWI laws, their penalties, and what you should know to protect yourself.

What Constitutes a DWI in Arkansas?

In Arkansas, a driver is considered legally intoxicated if their blood alcohol concentration (BAC) is 0.08% or higher. For commercial drivers, the limit is 0.04%, and for drivers under 21, a BAC of 0.02% or higher can result in a Driving Under the Influence (DUI) charge. 

Arkansas distinguishes between DWI and DUI, with DUI applying specifically to underage drivers. While the BAC threshold plays a major role in determining intoxication, officers may also charge drivers based on signs of impairment, such as erratic driving, slurred speech, or failure to pass field sobriety tests. The law is clear – any detectable level of impairment or illegal substance can lead to a DWI charge. 

Penalties for DWI Offenses

Arkansas takes a progressive approach to DWI penalties, meaning that repeat offenses carry increasingly severe punishments. Here is a closer look at what you can expect based on the number of offenses. 

First Offense

• Jail Time: 24 hours to 1 year 
• Fines: $150 to $1,000
• License Suspension: 6 months
• Additional Consequences: Mandatory attendance in a drug and alcohol education or treatment program 

Second Offense

• Jail Time: 7 days to 1 year
• Fines: $400 to $3,000
• License Suspension: 24 months
• Other Requirements: Ignition interlock device installation and participation in a Victim Impact Panel class

Third Offense

• Jail Time: 90 days to 1 year
• Fines: $900 to $5,000
• License Suspension: 30 months
• Consequences: Extended monitoring and ignition interlock device requirement

Fourth Offense

• Jail Time: 1 to 6 years (considered a felony)
• Fines: $900 to $5,000
• License Suspension: 4 years
• Additional Penalties: Permanent criminal record and possible vehicle forfeiture

Repeat offenders may face harsher penalties, including mandatory substance abuse treatment programs and longer license suspensions. Furthermore, felony DWI convictions can result in permanent consequences such as limited job opportunities, loss of firearm rights, and difficulty securing housing. 

Aggravating Factors That Increase DWI Penalties

Certain circumstances can lead to enhanced penalties beyond the standard sentencing guidelines: 

• High BAC Levels: Drivers with a BAC of 0.15% or higher may face longer jail time and higher fines. 
• Minors in the Vehicle: Transporting a minor while intoxicated can result in additional charges for child endangerment. 
• Causing Injury or Death: If a DWI results in a bodily injury or death, charges may escalate to vehicular manslaughter or felony DWI. 
• Prior Convictions: Multiple offenses within a specific timeframe (usually 5 years) will trigger stricter penalties. 

Implied Consent Law in Arkansas

Arkansas enforces an implied consent law, meaning that by operating a vehicle, drivers automatically consent to chemical tests (breath, blood, or urine) to determine intoxication. Refusal to submit to these tests can results in immediate penalties, including: 

• First Refusal: 180-day license suspension
• Second Refusal: 2-year license suspension
• Third Refusal: 3-year license suspension

Refusing a chemical test does not guarantee avoiding a conviction. In fact, refusal can be used as evidence of guilt in court, and the penalties for refusal are often as severe as a failed test. 

Recent Legislative Updates to Arkansas DWI Laws

As of January 2025, the Protect Arkansas Act brings additional changes to criminal law enforcement. Offenders convicted of certain felonies – including repeat DWI offenses – must serve their entire sentences without the possibility of early release. This legislative shift reflects Arkansas’s commitment to reducing impaired driving and keeping its residents safe. 

Moreover, the state continues to emphasize ignition interlock programs for repeat offenders. Drivers required to use these devices must blow into them before starting the car, and any detected alcohol will prevent vehicle operation. 

Steps to Take if Charged with a DWI

If you are charged with a DWI, taking immediate action is crucial. Follow these steps to protect your rights and improve your chances of a favorable outcome. 

1. Seek Legal Counsel Immediately

Contact an experienced DWI attorney who understands Arkansas law. An attorney can review your case, identify any legal defenses, and guide you through the court process. Legal representation is especially important if there are aggravating factors or prior offenses. 

2. Request an Administrative Hearing 

Upon arrest, the Department of Finance and Administration (DFA) may suspend your driver’s license. You have only seven days to request a hearing to contest this suspension. Failure to act within this timeframe will result in an automatic suspension. 

3. Comply with Court-Ordered Requirements

If convicted, you may need to complete several mandatory steps, including attending educational programs, installing an ignition interlock device, and paying fines. Compliance is necessary to regain driving privileges and avoid additional penalties. 

Common Defenses to DWI Charges

While DWI charges are serious, several defenses may be available depending on the circumstances of your arrest: 

• Challenging the BAC Results: Faulty breathalyzers, improper calibration, or errors during testing can lead to unreliable BAC readings. 
• Unlawful Traffic Stop: If law enforcement lacked probable cause to stop your vehicle, any evidence gathered during the stop may be inadmissible. 
• Field Sobriety Test Issues: Field sobriety tests are subjective and prone to human error. Medical conditions, fatigue, or poor weather conditions can affect performance.

A knowledgeable attorney can help determine the best defense strategy for your case.

Contact The Digby Law Firm Today

Understanding Arkansas DWI laws is essential to protect yourself and others on the road. The consequences of a conviction can be severe, but with the right legal guidance, you can navigate the system and minimize the impact on your life. 

If you’re facing a DWI charge, The Digby Law Firm can provide expert legal representation. Located in Benton, Arkansas, we serve clients statewide and offer a free consultation for all cases. Contact us at (501) 44-DIGBY or email Bobby@BobbyDigbyLaw.com to discuss your options today.