Arkansas's DWI Laws and Penalties for a 1st, 2nd, and 3rd Conviction

Learn about the penalties—including fines, jail, and license suspension—for a DWI/DUI conviction in Arkansas.

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Arkansas law prohibits driving while intoxicated (DWI). The offense is also commonly called "driving under the influence" (DUI).

This article explains how Arkansas law defines driving while intoxicated and the penalties you can expect for a first, second, and third DWI conviction.

Arkansas's DWI Law

Arkansas's DWI law makes it illegal to operate or be in actual physical control of a motor vehicle while intoxicated by drugs or alcohol. So, basically, there are two parts: operating or being in physical control of a vehicle and being intoxicated. However, these two parts require a bit more explanation.

Operating or Being in Physical Control of a Vehicle Under Arkansas DWI Laws

While "operation" is self-explanatory (it refers to actual driving), "actual physical control" does not require a running engine or a vehicle in motion—the driver just needs to have the ability to exert control over the vehicle.

Arkansas's Definition of "Intoxicated"

For purposes of Arkansas's DWI laws, "intoxicated" means the person has a blood alcohol concentration (BAC) of .08% or greater or the person's reaction and motor skills are substantially altered as the result of ingesting alcohol, a controlled substance, or any other intoxicant.

Arkansas DWI Penalties for a 1st, 2nd, and 3rd Offense

When convicted of a DWI, the judge generally decides how much jail time and fines to impose but is required to stay within certain parameters.

What Counts as a Prior DWI Conviction in Arkansas

These guidelines are based upon how many prior DWI convictions a person has within the last ten years (five years for license-related penalties)—including Arkansas DWI convictions, as well as DUI and DWI convictions from other states.

Most DUI Convictions are Misdemeanors in Arkansas

A first, second, or third offense DWI is a misdemeanor and usually carries jail time, fines, and license suspension.

Jail Time and Fines for Arkansas DWI Convictions

1st Offense

2nd Offense

3rd Offense

Jail

24 hours to 1 year (minimum 7 days if minor under 16 years old present)

7 days to 1 year (minimum 30 days if minor under 16 years old present)

90 days to 1 year (minimum 120 days if minor under 16 years old present)

Fines

$150 to $1,000

$400 to $3,000

$900 to $5,000

Community Service for DWI Offenses in Arkansas

If the judge finds good cause to do so, he or she can order community service instead of incarceration. However, the judge must explain the reasons for not ordering jail time and order community service within the following guidelines.

1st Offense

2nd Offense

3rd Offense

Community Service

Minimum 24 hours (7 days if minor under 16 years old present)

Minimum 30 days (60 days if minor under 16 years old present)

Minimum 90 days (120 days if minor under 16 years old present)

License-Related Consequences for Arkansas DUI Convictions

The suspension periods for a DWI depend on how many prior DWI suspensions and convictions the driver has had in the last five years (this includes any DWI-related suspension). Here are the suspensions for a first, second, and third offense.

1st Offense

2nd Offense

3rd Offense

Suspension Period

6 months

24 months

30 months

Getting a Restricted License in Arkanas

A driver can request a restricted license during the suspension period. With a restricted license, the motorist has limited driving privileges but, depending on the circumstance, may have to install an ignition interlock device (IID).

Implied Consent and Refusing a Chemical or Breath Test in Arkansas

Arkansas's "implied consent" laws require all drivers lawfully arrested for a DWI to submit to a chemical or breath test. Motorists who refuse testing face similar revocation and IID periods as they would for a DWI conviction.

Arkansas's Underage DWI Law and Penalties

Drivers who are under the age of 21 at the time of arrest can be cited for an "underage DWI" for driving while under the influence of alcohol or any other intoxicant or have a BAC of .02% or more but less than .08%. Convicted drivers will be required to complete an alcohol education course and face the following penalties:

1st Offense

2nd Offense

3rd Offense

Community Service

None required

At least 30 days

At least 60 days

Fines

$100 to $500

$200 to $1,000

$500 to $2,000

License Suspension

90 days

1 year

3 years or until 21 years old (whichever is longer)

Plea Bargaining and Talking to an Arkansas DWI Lawyer

While you may be hoping to have the DWI charge diverted or dismissed, Arkansas strictly prohibits the dismissal or "pleading down" of a DWI. However, due to the impact a DWI can have on a person's life and license, it is always a good idea to speak to a qualified DWI attorney about your situation.

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You should not send any sensitive or confidential information through this site. Any information sent through this site does not create an attorney-client relationship and may not be treated as privileged or confidential. The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties.

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