Arkansas Drunk Driving Fines & Penalties

Learn about the penalties for a DWI / DUI conviction in Arkansas.

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What are the penalties for a DWI/DUI in Arkansas?


1st Offense

2nd Offense

3rd Offense

4th Offense

Jail

24 hours to 1 year

7 days to 1 year

90 days to 1 year

1 to 6 years

Fines and Penalties

$150 to $1,000

$400 to $3,000

$900 to $5,000

$900 to $5,000

License Suspension

6 months

2 years

30 months

4 years

IID** Required

Yes

Yes

Yes

Yes

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

**Ignition Interlock Device

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

Under 21

.02%

21 or older

.08%

Commercial

.04%

** BAC = blood alcohol content

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

You may want to try our BAC Calculator, however I wouldn't let any results encourage you to drink and drive.

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.

 

1st Offense

2d Offense

3rd Offense

Refusal to take test

6 month license revocation

2 year license revocation

3 year license revocation

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.

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.

Drinking and Driving Laws in Arkansas

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.

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.

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