How much do you have to drink (BAC*) for a DWI in Arkansas?

** BAC = blood alcohol content

How many drinks does it take? Check the BAC chart.

What if you refuse to take a chemical test in Arkansas?

Arkansas has an implied consent law. That means that if you refuse to submit to a chemical test you will be subject to a fine and automatic license suspension. Learn more about Arkansas’s implied consent law.

What is the minimum jail time?

Lookback Period: 5 years (Period of time that prior DWIs are relevant for sentencing. Also known as a “washout” period.)

Can you plead to a lesser offense than DWI in Arkansas?

No, a plea bargain for a conviction of "wet reckless" (reckless driving involving alcohol) is barred by statute in Arkansas.

1st DWI Offense

First Drunk Driving Conviction in Arkansas

• Jail: From 24 Hours to 1 Year or Public Service
• Jail: From 7 Days to 1 Year or Public Service (Child Under 16 in Vehicle)
• Fine: From $150-$1,000
• License Suspension: 6 Months
• Ignition Interlock Device May Be Allowed by Court
• Alcohol Education or Treatment Program (Possible $125 Fee)
• Attend Victim Impact Panel

More Information: First DWI Offense in Arkansas

Important Note from the Editor

Disclaimer: We try to keep the information provided here up to date. However, laws often change, as do their interpretation and application. Different jurisdictions within a state may enforce the laws in different ways. For that reason, we recommended that you seek the advice of a local attorney familiar with DUI cases in your area.

Arkansas - 2nd DWI Offense

Second Drunk Driving Conviction (Within 5 Years of 1st)

• Jail: From 7 Days to 1 Year
• Jail: From 30 Days to 1 Year (Child Under 16 in Vehicle)
• Fine: From $400-$3,000
• License Suspension: 24 Months
• Ignition Interlock Device May Be Allowed After 45 Days of Suspension
• Complete Alcohol Education or Treatment Program (Possible $125 Fee)
• Attend Victim Impact Panel

More Information: Second Offense DWI in Arkansas

3rd DWI Offense

Third Drunk Driving Conviction (Within 5 Years of 1st)

• Jail: From 90 Days to 1 Year
• Jail: From 120 Days to 1 Year (Child Under 16 in Vehicle)
• Fine: From $900-$5,000
• License Suspension: 30 Months
• Ignition Interlock Device May Be Allowed After One Year by Court
• Community Service: Minimum 90 Days
• Community Service: Minimum 120 Days (Child Under 16 in Vehicle)
• Complete Alcohol Education or Treatment Program (Possible $125 Fee)
• Attend Victim Impact Panel

More Information: Third Offense DUI in Arkansas

4th DWI Offense in Arkansas

Fourth Drunk Driving Conviction (Within 5 Years of 1st)

• Considered a Felony
• Jail: From 1 Year to 6 Years
• Jail: From 2 Years to 6 Years (Child Under 16 in Vehicle)
• Fine: From $900-$5,000
• License Suspension: 4 Years
• Complete Alcohol Education or Treatment Program
• Vehicle May Be Seized (If Within 3 Years of First DUI)
• Community Service: Minimum 1 Year
• Community Service: Minimum 2 Years (Child Under 16 in Vehicle)

Drinking and Driving Laws in Arkansas

Arkansas Drunk Driving and Wet Reckless Laws - Nolo.com

The State of Arkansas has a drunk driving law that prohibits a person from driving when they have a concentration of .08 percent or more alcohol in their blood system. Studies done by government researchers have shown that levels close to .05 percent impairs the driving ability of most individuals and at .08 percent, most individuals are legally impaired.

How many drinks does it take to reach the legal limit?

There isn't a correct answer to this question, the reaction of any individual to alcohol depends on many factors including, genetics, body weight, sex, and number of drinks consumed. Studies have show that blood alcohol content (BAC) could rise .05 percent for each drink taken, however this number is not consistent among all individuals. On average, it takes very little alcohol to become legally drunk, and calculating the number of drinks that would cause a person to be convicted of drunk driving is a futile effort at best. The best answer is to have zero drinks before you drive.

DUI / DWI Laws in Arkansas

In the State of Arkansas it is illegal to operate a motor vehicle if you are:

Intoxicated during the operation of a motor vehicle.

"Intoxicated" means influenced or affected by the ingestion of alcohol, a controlled substance, any intoxicant, or any combination of alcohol, a controlled substance, or an intoxicant, to such a degree that the driver's reactions, motor skills, and judgment are substantially altered and the driver, therefore, constitutes a clear and substantial danger of physical injury or death to himself and other motorists or pedestrians;

• A person whose blood contains 0.08 percent or more concentration of alcohol.
• A minor under who is under the influence of an alcoholic beverage or similar intoxicant.
• A minor who has a blood alcohol concentration of 0.02 or above

As you can see above, in the State of Arkansas has a defined "intoxicated" to cover alcohol, controlled substances and intoxicants. In addition, drivers under the age of 21 have a much lower (.02 companied to .08) legal BAC . This limit is approaching the "Zero" tolerance limits that many legislators would like to enforce for all drivers.

Number of DWI's in Arkansas

You will receive a fine that ranges from $150 to $1,000. Jail time from 1-365 days for a blood alcohol content (BAC) between .08-.15. If a person under the age of 16 was in the vehicle at the time of the offense, you will serve between 7-365 days in jail. Community service may be issued in lieu of jail time. Your license may be suspended for 6 months, however if allowed by the court, a ignition interlock restricted license may be issued.

You will receive a fine that ranges from $400-$3000. Jail time from 7-365 days in jail, or a minimum of 30 days community service may be issued in lieu of jail time. If a person under the age of 16 was in the vehicle at the time of the offense, you must serve between 30-365 days in jail or a minimum of 60 days community service. A 24 month license suspension, or, if allowed by the court, a ignition interlock restricted license may be issued after 12 months.

You will receive a fine that ranges from $900-$5000. Jail time from 90-365 days, or a minimum of 90 days community service may be issued in lieu of jail time if allowed by the court. If a person under the age of 16 was in the vehicle at the time of the offense, you will receive between 120-365 days in jail or a minimum of 120 days community service. A 30 month license suspension will also be issued, or, if allowed by the court, a ignition interlock restricted license may be issued after 12 months.

A 4th drunk driving conviction is a felony in the State of Arkansas. This is punishable by serving between 1-6 years in prison or 1 year of community service if allowed by the court. If a person under the age of 16 was in the vehicle at the time of the offense, you will receive between 2-6 years in prison or a minimum of 2 years of community service if allowed by the court. In addition, your license will be suspended for 4 years.

The Implied Consent Law in Arkansas

The implied consent law in Arkansas states that any person who operates a motor vehicle, by default, gives their consent to a blood, urine or breath test to determine if they are under the influence of alcohol or a controlled substance.

If you refuse to submit a chemical test of blood, breath or urine your license will automatically be suspended for 180 days on your first offense. You will also be denied the possibility of receiving an Ignition Interlock restricted license.

State of Arkansas Website - More DUI Information

State of Arkansas Website - DUI Laws

Other Arkansas Driving Laws Information on this Website

Cell Phone Driving Laws in Arkansas

Teen Driving Laws and Insurance Requirements in Arkansas