DWI vs. DUI in Arkansas — What’s the Difference?

Many Arkansans use the terms DWI and DUI interchangeably — but under Arkansas law, they are not the same thing.

The difference matters because it affects:

• The age of the driver
• The BAC threshold required for charges
• The burden of proof
• The penalties
• How the case is handled in court
• Long-term consequences

Here’s a clear breakdown of DWI vs. DUI in Arkansas so you know exactly what these charges mean.

1. What Is DWI in Arkansas?

DWI = Driving While Intoxicated

Under Arkansas Code § 5-65-103, DWI applies to drivers of any age who are impaired by:

• Alcohol
• Drugs (illegal or prescription)
• A combination of substances

You can be charged with DWI if:

• Your blood alcohol concentration (BAC) is 0.08 or higher, OR
• The State proves you were intoxicated — meaning your reactions, motor skills, or judgment were substantially altered — even with a BAC below 0.08, OR
• The impairment was caused by drugs (including legally prescribed medications)

Arkansas DWI applies even if the vehicle was not moving. The statute applies to anyone in “actual physical control” of a vehicle — which courts have interpreted broadly to include sitting in the driver’s seat with keys nearby.

2. What Is DUI in Arkansas?

DUI = Driving Under the Influence — but in Arkansas, this charge applies only to drivers under 21.

Arkansas uses a “zero tolerance” policy for underage drivers. Under § 5-65-303, an underage driver commits DUI if they operate (or are in physical control of) a motor vehicle while:

• Their BAC is 0.02% or higher but less than 0.08%, OR
• They are “under the influence” — meaning their normal faculties are affected by alcohol or drugs even slightly

If an underage driver’s BAC is 0.08% or higher, they are charged with regular DWI — not the lesser DUI. Underage drivers can also face standard DWI charges if the State proves intoxication regardless of BAC.

3. Key Differences at a Glance

Factor	DWI	DUI (Under 21)
Who can be charged?	Drivers of any age	Only drivers under 21
BAC level	0.08+ or proven intoxication	0.02 to less than 0.08
Statute	§ 5-65-103	§ 5-65-303
Proof of impairment required?	Yes (or BAC 0.08+)	No — BAC alone is enough
Criminal classification	Misdemeanor (felony for 4th+ within 10 years)	Unclassified misdemeanor
Jail time?	Yes — minimum 24 hours for first offense	Generally no for first offense
Plea bargain to lesser offense?	Prohibited by § 5-65-107	Prohibited
License suspension?	6 months (1st), 24 months (2nd), 30 months (3rd)	90 days (1st), 1 year (2nd), 3 years or until 21 (3rd)

4. Penalties for DUI (Under 21)

A DUI under § 5-65-303 is an unclassified misdemeanor, but the penalties become progressively more severe with each offense:

Offense	Fine	License Suspension	Other
First	$100 – $500	90 days	Alcohol education course
Second	$200 – $1,000	1 year	30+ days community service, alcohol education
Third	$500 – $2,000	3 years or until age 21 (whichever is longer)	60+ days community service, alcohol education

Beyond the statutory penalties, a DUI conviction can have substantial collateral consequences for someone under 21:

• Long-term auto insurance increases
• Loss of college scholarships or financial aid
• Disciplinary action under student conduct codes (University of Arkansas, Arkansas State, UCA, and others have specific policies)
• Disqualification from certain professional licenses
• Background-check visibility for years before any sealing

5. Penalties for DWI (Standard Adult Charge)

DWI penalties under § 5-65-103 are significantly more severe than DUI, even for a first offense:

Offense (within 10 years)	Jail Range	Fine	License Suspension
First	24 hours – 1 year	$150 – $1,000	6 months
Second	7 days – 1 year	$400 – $3,000	24 months
Third	90 days – 1 year	$900 – $5,000	30 months
Fourth+ (Felony)	1 – 6 years prison	$900 – $5,000	4 years

Higher minimum jail times apply if a passenger under 16 was in the vehicle (7 days for first offense, 30 days for second, 120 days for third). For a more detailed breakdown, see our DWI penalties guide.

6. Can a DUI or DWI Be Reduced or Dismissed?

Arkansas law (§ 5-65-107) prohibits “pleading down” a DWI to a lesser offense like reckless driving. The same approach applies to underage DUI charges. That doesn’t mean these cases can’t be defeated — it means the path is through factual and constitutional challenges, not plea negotiation to a lesser offense.

Common defenses include:

Don’t forget the 7-day rule — Arkansas drivers have only 7 calendar days from arrest to request an administrative hearing to challenge license suspension. Missing this deadline forfeits the right to fight it.

Frequently Asked Questions

Can a 19-year-old get charged with regular DWI instead of underage DUI?

Yes. If the underage driver’s BAC is 0.08% or higher, or if they’re “intoxicated” (substantially impaired), they’re charged with regular DWI under § 5-65-103 — not the lesser DUI under § 5-65-303. An underage driver with a BAC of, say, 0.10% would face the harsher adult DWI charges, including possible jail time.

Does refusing the breath test help?

Under the implied consent law (§ 5-65-202), refusing a chemical test triggers automatic license suspension and can be used as evidence at trial. Refusal does not prevent prosecution. For some drivers, refusal makes the case worse, not better.

Are field sobriety tests required?

No. Field sobriety tests (walk-and-turn, one-leg stand, horizontal gaze nystagmus) are voluntary. You may decline without legal penalty — though refusal may be noted by the officer. The roadside portable breath test (PBT) is also generally voluntary, although the official chemical test at the station is covered by implied consent.

Is there a difference between DUI and DWI for boating?

Yes. Arkansas applies both standards to boating. § 5-65-303 covers underage Boating Under the Influence (BUI) for those under 21 with a BAC between 0.02% and less than 0.08%. The adult standard applies to operators 21+ at 0.08% or higher.

Can a DWI conviction be expunged in Arkansas?

Adult DWI convictions can be sealed after the “lookback period” of 10 years.

Does an out-of-state DUI/DWI count as a prior in Arkansas?

Generally yes. Arkansas courts can consider out-of-state DUI/DWI convictions as prior offenses for enhancement purposes, depending on whether the out-of-state offense is substantially similar to Arkansas’s statute. This means a DWI in Texas or Tennessee can make your “first” Arkansas DWI count as a second.

What if the test result is right at 0.08?

Borderline BAC results can sometimes be effectively challenged. Breathalyzer machines have margins of error, and the State must prove BAC at the time of driving — not at the time of testing. Time delays between driving and testing, calibration issues, and observation period violations are all potentially relevant. These are technical defenses where attorney experience makes a real difference.

The Bottom Line

DWI and DUI are not the same in Arkansas:

• DWI applies to drivers of any age and requires a BAC of 0.08+ or proof of intoxication. Penalties include jail time even for a first offense.
• DUI applies only to drivers under 21 and requires only a BAC of 0.02 to less than 0.08 — no proof of impairment is needed.

Both charges can significantly impact your future — but both can be successfully defended. Because Arkansas prohibits “pleading down” these charges to lesser offenses, the route to a better outcome is through factual and procedural challenges, not negotiation.

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.