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

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 Offense

For a first DWI within the past 10 years, the driver is looking at a misdemeanor charge and:

• 24 hours to one year in jail (minimum of seven days if there was a passenger under the age of 16)
• $150 to $1,000 in fines, and
• a six-month license suspension (if no priors within the past five years).

During this revocation period, the licensee may be able to obtain a restricted license. However, depending on the circumstances, the restricted license might require the use of an ignition interlock device.

Arkansas DWI Penalties for a 2nd Offense

For a second DWI within the past 10 years, the driver is looking at a misdemeanor charge and:

• seven days to one year in jail (minimum of 30 days if there was a passenger under the age of 16)
• $400 to $3,000 in fines, and
• a 24-month license suspension (if the driver has one prior DWI within the past five years).

During this revocation period, the licensee may be able to obtain a restricted license, which might require the use of an IID.

Arkansas DWI Penalties for a 3rd Offense

For a third DWI within the past 10 years, the driver is looking at a misdemeanor charge and:

• 90 days to one year in jail (minimum of 120 days if there was a passenger under the age of 16)
• $900 to $5,000 in fines, and
• a 30-month license suspension (if the driver has two prior DWIs within the past five years).

During this revocation period, the licensee may be able to obtain a restricted license, which might require the use of an IID.

Arkansas's Felony DWI Penalties

A DUI is a felony in Arkansas if the driver has three or more prior convictions within the past 10 years or the current offense involves deaths.

Felony DUI Charges for Three or More Prior Convictions

When a driver has three or more qualifying prior convictions, the driver is looking at:

• one to six years in prison and $900 to $5,000 in fines for a fourth offense
• two to 10 years in prison and $900 to $5,000 in fines for a fifth offense, and
• five to 25 years in prison and up to $15,000 in fines for a sixth offense.

After conviction, the driver's license will also be revoked for four years, and revoked drivers are precluded from obtaining a restricted driving permit.

Felony DUI Charges for Deaths

A DWI can also be charged as a felony if it results in a fatality. An intoxicated driver who negligently causes the death of another person can be charged with negligent homicide, a class B felony. A conviction will result in five to 25 years in prison and up to $15,000 in fines.

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 at least a portion of the jail time. However, the judge must explain the reasons for not ordering jail time.

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:

• $100 to $500 in fines and a 90-day license suspension for a first offense
• at least 30 days of community service, $200 to $1,000 in fines, and a one-year license suspension for a second offense, and
• at least 60 days of community service, $500 to $2,000 in fines, and a three-year license suspension for a third offense.

For a third offense, the judge can order license suspension until the driver turns 21.

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.