Arkansas DWI penalties climb steeply with each offense. A first DWI carries 24 hours to one year in jail, a $150 to $1,000 fine, and a six-month license suspension. A fourth offense within ten years is a felony, and a sixth within twenty years is a Class B felony carrying up to 20 years.
Here’s the full ladder under the Arkansas Code, the license consequences that run on their own track, the costs that come with any conviction, and when a DWI can finally be sealed.
Three Rules That Shape Every Arkansas DWI Sentence
No reductions. The charge “shall not be reduced or dismissed,” and a person arrested for DWI must be tried on that charge or plead to it (§ 5-65-107).
No First Offender Act. Judges may not use first-time offender probation for a DWI charge. They can add probationary supervision only to monitor compliance with the mandatory penalties (§ 5-65-108).
A ten-year lookback. For jail and prison ranges, a prior DWI counts if it occurred within ten years of the first offense; a sixth offense looks back twenty years. Out-of-state DWI convictions count too.
Penalties at a Glance
Incarceration ranges come from § 5-65-111; fines from § 5-65-112:
| Offense | Jail or Prison | Fine |
|---|---|---|
| First Unclassified misdemeanor |
24 hours to 1 year, or public service instead | $150 to $1,000 |
| Second within 10 years Unclassified misdemeanor |
7 days to 1 year, or at least 30 days of public service | $400 to $3,000 |
| Third within 10 years Unclassified misdemeanor |
90 days to 1 year, or at least 90 days of public service | $900 to $5,000 |
| Fourth within 10 years Unclassified felony |
1 to 6 years | $900 to $5,000 |
| Fifth or more within 10 years Unclassified felony |
2 to 10 years | $900 to $5,000 |
| Sixth or more within 20 years Class B felony |
5 to 20 years | Up to $15,000 |
Two details matter. Public service is an alternative to jail only for the misdemeanor offenses, and the judge must state the reasons for choosing it in the written order. And the fines statute still ties the higher fine ranges to a prior offense within five years of the first, a shorter window than the ten years used for jail.
The Child-Passenger Enhancement
If a passenger under 16 was in the vehicle, every minimum goes up: 7 days for a first offense, 30 days for a second (or at least 60 days of public service), 120 days for a third (or at least 120 days of public service), 2 to 6 years for a fourth, and 3 to 10 years for a fifth. It’s an affirmative defense that the driver was not more than two years older than the passenger.
First Offense
A first DWI is an unclassified misdemeanor with 24 hours to one year in jail, though the court may order public service instead. The hours spent in custody after the arrest often count toward the minimum. Beyond the jail range and the fine, a first conviction brings a package of requirements:
- A presentence screening and assessment. The court must order one, covering your driving record and an alcohol problem assessment (§ 5-65-109).
- Alcohol education or treatment. Completion is required before your license is reinstated, with a program fee of up to $125 plus a reporting fee of up to $25 (§ 5-65-115).
- A victim impact panel. Required when your license is suspended for DWI, with a $40 fee (§ 5-65-121).
- An ignition interlock restriction. The Office of Driver Services places one after a first or second alcohol offense, and you pay for the device and monitoring. A court can waive it for a first offense only in narrow situations, such as no certified provider within 100 miles (§ 5-65-118).
For the full process from arrest to sentencing, see the first DWI in Arkansas guide.
Second and Third Offenses
A second offense within ten years carries 7 days to one year; a third carries 90 days to one year. Both remain unclassified misdemeanors, and the court may substitute public service for jail, at least 30 days for a second offense and at least 90 days for a third. Fines rise to $400 to $3,000 and $900 to $5,000, and the license suspensions lengthen to 24 and 30 months when the prior falls within five years. The education, victim impact panel, and interlock requirements apply again. See repeat DWI offenses.
Felony DWI: Fourth, Fifth, and Sixth Offenses
A fourth offense within ten years is an unclassified felony carrying 1 to 6 years; a fifth or later within ten years carries 2 to 10 years. A sixth or later within twenty years is a Class B felony, 5 to 20 years. Felony DWIs are prosecuted in circuit court, and a felony conviction brings the consequences of any felony, including the loss of firearm rights.
Two more penalties appear at this level. When a fourth or later offense falls within five years of the first, the court may order your vehicle seized and sold (§ 5-65-117). And when the priors fall within five years, the license consequence is a four-year revocation with no restricted permit.
The License Side Runs on Its Own Rules
The Office of Driver Services suspends your license separately from the criminal case, starting from the arrest, and it counts prior offenses within the five years before the current one (§ 5-65-104). For alcohol-related DWI:
| Offense | Suspension | Driving During It |
|---|---|---|
| First | 6 months | Interlock restricted license available immediately |
| Second within 5 years | 24 months | Interlock restricted license available immediately |
| Third within 5 years | 30 months | Interlock restricted license available immediately |
| Fourth or more within 5 years | 4-year revocation | No restricted permit; interlock required once reinstated |
A first offense involving a controlled substance also carries a six-month suspension, but the interlock license isn’t available; see drugged driving. A refusal is its own violation with its own suspensions: 180 days for a first refusal, two years for a second within five years, a three-year revocation for a third, and lifetime revocation for a fourth (§ 5-65-205). See refusing a breath test in Arkansas.
Seven Days
You have seven calendar days after the notice of suspension to request an administrative hearing in writing. Miss it and the chance to contest the suspension at that hearing is gone. See how to save your license after a DWI arrest.
The Costs Beyond the Fine
The statutory fine is rarely the biggest number. Add the education program and victim impact panel fees, the cost of leasing and monitoring an interlock device, court costs, reinstatement fees, higher insurance premiums, and time away from work. A commercial driver faces a separate CDL disqualification. See the true financial cost of a DWI in Arkansas.
When a DWI Can Be Sealed
Most Arkansas misdemeanors can be sealed once the sentence is complete. A DWI can’t. Under § 16-90-1405(b)(2), a misdemeanor DWI can’t be sealed until the applicable lookback periods under § 5-65-111 have elapsed, which in practice means ten years, and only after the sentence, court costs, and license reinstatement requirements are complete. Until then, the conviction counts as a prior for any new DWI. See sealing a criminal conviction.
What Moves the Outcome
Because Arkansas doesn’t allow DWI reductions, the case is fought on two fronts: the evidence, and the sentence within the range. On the evidence side, the stop, the field sobriety tests, and the breath or blood test all have legal requirements; see common DWI defenses. On the sentencing side, whether a prior actually counts matters enormously: its date, whether it ended in a conviction, and whether the State can prove it. So does the difference between jail and public service, and the fine within the range.
The Bottom Line
A first Arkansas DWI is a misdemeanor with a 24-hour jail minimum, a six-month suspension, an interlock, and a record that can’t be sealed for ten years. Each prior within the lookback raises the floor, and the fourth makes it a felony. With no reductions and no First Offender Act available, the defense of a DWI starts with the evidence and the record.
If you’re facing a DWI charge in Arkansas, the license deadline and your prior record should be reviewed in the first week.
Charged With DWI in Arkansas?
The penalties depend on your record and the evidence, and the license hearing deadline is seven days. Talk to a defense lawyer before it passes.
This post is provided for general informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship with Wesley Rhodes, Attorney at Law. Laws and procedures change; the information above reflects Arkansas law as of the date of publication. If you need legal advice about your specific situation, consult a qualified criminal defense attorney promptly.