Little Rock DWI And DUI Defense Attorney For The Criminal Case And Your License
Last updated on October 27, 2026
A DWI arrest in Arkansas can start two proceedings: a criminal charge in court and an administrative suspension of your driver’s license. The license deadline can arrive before your first court date. What you do next should account for both proceedings, the testing evidence, and the consequences of a conviction.
Before pleading guilty just to get the case over with, understand the penalties and what the State must prove. At Wesley Rhodes, Attorney at Law, Little Rock attorney Wesley Rhodes represents people facing DWI and underage DUI charges throughout Central Arkansas. He has practiced criminal defense since 2016. Consultations are free.
Seven Calendar Days After Notice
Driver Services must receive your written hearing request within seven calendar days after the suspension notice is given. The trigger is notice, not automatically the arrest date or your court date. Mailed notice is deemed delivered on its postmark date. Follow the notice’s instructions and retain proof of receipt. A hearing request does not automatically stay the suspension. (Ark. Code § 5-65-402(a).)
DWI Versus Underage DUI In Arkansas
Arkansas uses DWI for driving while intoxicated and DUI for a separate underage offense. DWI is not limited to adults. Both offenses require operation or actual physical control of a motor vehicle; an officer does not have to see the vehicle moving in every case.
| Charge | Alcohol Level Or Impairment Standard |
|---|---|
| DWI: any age Ark. Code § 5-65-103 |
Intoxication from alcohol, drugs, another intoxicant, or a combination; or a blood or breath alcohol concentration of 0.08 or more. |
| Underage DUI: under 21 Ark. Code § 5-65-303 |
A chemically measured alcohol concentration of at least 0.02 but below 0.08; or being under the influence of alcohol or a similar intoxicant. |
Ark. Code §§ 5-65-102, -103, -303. The alcohol-concentration alternatives do not require separate proof of visible impairment.
For DWI, intoxication means substantial impairment of reactions, motor skills, and judgment that creates a clear and substantial danger of injury or death. Underage DUI’s influence alternative requires even slight impairment of those abilities, with danger of injury or death arising from the driver’s inexperience and lack of skill. A trace of alcohol alone does not establish every element of underage DUI.
A driver under 21 can face DWI at 0.08 or above, or below that level if the State proves intoxication. Underage DUI is an unclassified misdemeanor. A first offense carries a $100 to $500 fine, public service, and a 90-day license suspension. A second brings a one-year suspension; a third or later offense brings revocation for three years or until age 21, whichever is longer. Separate minor-in-possession charges may also arise. See DWI versus DUI in Arkansas. (Ark. Code §§ 5-65-304 through -306.)
DWI Cases In Little Rock And Central Arkansas
Your citation, summons, and court notices identify where to appear. Misdemeanor DWI cases can be heard in district court, including the district courts serving Little Rock and surrounding communities. Felony prosecutions proceed in circuit court, although a preliminary felony appearance can occur before a district judge. The State must prove the criminal charge beyond a reasonable doubt.
A district court conviction can be appealed for a new trial in circuit court. Arkansas Rule of Criminal Procedure 36 ordinarily requires filing the certified district court record within 30 days after judgment is entered. A separate affidavit procedure applies when the clerk fails to prepare the requested record; it has its own requirements and a 40-day deadline. Get advice immediately after a conviction rather than assuming a notice of appeal alone preserves the case.
What Happens After A DWI Arrest
Arrest, Testing, And Release
The officer seizes your license. If it is unexpired and appears valid, the dated receipt can authorize driving for up to 30 days; it does not cure an existing suspension. Keep the receipt, citation, testing paperwork, and release conditions together. Check your actual driving authority before getting behind the wheel.
Request The License Hearing
Follow the notice-based deadline above even if no criminal court date has been set. Preserve the notice and envelope. The license hearing addresses the administrative action; it does not decide guilt in the criminal case.
First Appearance And Plea
The first appearance addresses the charge, your rights, counsel, and pretrial release. It is not necessarily the arraignment at which you enter a plea. Rule 8.3 protects an adequate opportunity to confer with counsel before further proceedings, apart from the release inquiry, unless counsel is validly waived or refused.
Discovery And Investigation
Request the report, available dash-camera and body-camera recordings, testing forms, breath-instrument and operator records, and any blood laboratory file. Section 5-65-204(e) provides access, upon request, to full information about qualifying chemical testing. Compare the records with your account and any independent recordings.
Pretrial Motions
The defense can seek exclusion of evidence obtained unlawfully or admitted without the required foundation. Identify the specific violation, the evidence it affected, and the available remedy. A flaw in the investigation does not automatically dismiss the charge.
Trial, Plea, Or Other Lawful Disposition
At trial, the State must establish every element beyond a reasonable doubt. Before a plea, review the prior-offense count, mandatory penalties, license consequences, and remaining defenses. Excluding a test does not necessarily end the case if other admissible evidence can establish intoxication.
Ark. R. Crim. P. 8.3, 16.2, 17.1; Ark. Code §§ 5-65-103, -204(e), -402.
Arkansas does not allow an ordinary plea reduction from DWI under § 5-65-103 to another offense such as reckless driving. Act 346 first-offender treatment is unavailable. Those restrictions do not remove the State’s burden of proof or prevent an acquittal or a dismissal required by law. Probationary supervision may be added to monitor compliance with mandatory DWI penalties. (Ark. Code §§ 5-65-107, -108.)
What The Driver Services Hearing Decides
The State’s burden here is a preponderance of the evidence, meaning more likely than not. The hearing addresses the officer’s reasonable grounds, the alleged driving or control, and the applicable alcohol, drug, or refusal basis. Testing cases also involve required warnings, collection and testing rules, and results. Refusal cases include whether the test was refused and the required warning was given.
Hearings may occur by telephone and are not recorded. If Driver Services cannot hold the hearing within the statutory twenty-day period, it must issue a temporary permit valid until the hearing. An adverse disposition can be reviewed anew in circuit court in the county of the alleged offense by filing within 30 days. The petition must include the agency decision and be properly served; filing does not itself stay the action. These are separate requirements from a criminal appeal. See DWI license hearings and judicial review. (Ark. Code § 5-65-402(a)-(c).)
Arkansas DWI Penalties By Offense
The number and dates of qualifying prior offenses determine the sentencing tier. Criminal incarceration uses ten-year periods for the second through fifth tiers and a twenty-year period for a sixth or later offense. The fine and administrative-license schedules use different counts.
| DWI Offense | Ordinary Incarceration Range |
|---|---|
| First Ark. Code § 5-65-111(a) |
Unclassified misdemeanor: 24 hours to 1 year. |
| Second within 10 years Ark. Code § 5-65-111(b) |
Unclassified misdemeanor: 7 days to 1 year. |
| Third within 10 years Ark. Code § 5-65-111(c) |
Unclassified misdemeanor: 90 days to 1 year. |
| Fourth within 10 years Ark. Code § 5-65-111(d) |
Unclassified felony: 1 to 6 years. |
| Fifth within 10 years Ark. Code § 5-65-111(e) |
Unclassified felony: 2 to 10 years. |
| Sixth or later within 20 years Ark. Code § 5-65-111(f) |
Class B felony: 5 to 20 years. |
Ark. Code §§ 5-65-111, 5-4-401. Lookbacks run from the first qualifying offense in the applicable period. Older offenses require the law applicable to the offense date.
With a passenger under 16, the incarceration minimums rise to 7 days, 30 days, 120 days, 2 years, and 3 years for the first through fifth offenses. The statute provides an affirmative defense to those incarceration enhancements when the driver was no more than two years older than the passenger. See child-passenger and aggravated DWI rules.
For a first, second, or third DWI, the court may order public service instead of imprisonment and must state its reasons in writing. The service minimums are 30 days for a second offense and 90 days for a third; with a passenger under 16, they become 60 and 120 days. The statutory age defense addresses the incarceration enhancements, not those service minimums.
| Offense Within The Five-Year Schedule | Fine And Administrative License Period |
|---|---|
| First | $150 to $1,000 fine; six-month suspension. |
| Second | $400 to $3,000 fine; 24-month suspension. |
| Third | $900 to $5,000 fine; 30-month suspension. |
| Fourth or later | $900 to $5,000 under the DWI fine schedule; four-year revocation with no restricted permit. |
Ark. Code §§ 5-65-104, -112. A Class B DWI also carries the general felony fine ceiling of $15,000 under § 5-4-201. Costs and program expenses are additional. Fine and administrative-prior determinations are separate.
For example, a prior DWI seven years earlier may increase the incarceration tier without increasing the five-year fine or license tier. Administrative counting can include qualifying suspensions as well as convictions, but a dismissal or acquittal of the related charge changes that result. The disposition matters as much as the arrest entry.
License Suspension, Interlock, And Reinstatement
For the first through third alcohol-DWI suspensions, an interlock restricted license can be available immediately if Driver Services authorizes it. Installation alone does not authorize driving. The device and license restriction must cover the vehicles you intend to operate, subject to statutory exceptions. A fourth or later offense within the five-year license period brings a four-year revocation without a restricted permit.
The interlock option does not apply to controlled-substance DWI. A first-offense hardship permit may be available at Driver Services’ discretion if the statutory extreme-hardship and transportation conditions are met; repeat DWI within five years is excluded from that hardship provision. (Ark. Code §§ 5-65-104, -120.)
Limited Interlock Waivers And The July 2026 Rules
A first offender may petition the court for an installation waiver under § 5-65-118(g) based on required use of an employer’s vehicle owned by a business the person does not own or control, a doctor-certified inability to provide a deep-lung breath sample, or the absence of a certified provider within 100 miles of home. A waiver requires a court order; it is not permission to ignore a suspension.
Under the rules effective July 1, 2026, removing the license restriction requires a provider compliance certificate. Qualifying failed or missed tests and missed servicing during the final 60 days or an extension can add another 60 days. The statute includes exceptions for specified prompt clean retests and other documented circumstances, plus provider reconsideration. Keep device reports and supporting evidence. (Ark. Code § 5-65-118(h); Act 841 of 2025.)
Completing Reinstatement
Reinstatement requires the applicable education or treatment program, victim impact panel, fees, and interlock requirements. Completing a jail sentence does not itself restore driving privileges. Driving during a DWI suspension or revocation is a separate offense carrying 10 to 90 days in jail and a possible fine up to $1,000. (Ark. Code §§ 5-65-105, -115, -121.)
A dismissal or acquittal matters. Section 5-65-402(d)(2)(B) requires reversal of the affected administrative action, reinstatement at no cost, and exclusion of that charge from future administrative-prior counting. Provide the disposition, apply, and receive reinstatement before driving. Unrelated suspensions or holds still need to be resolved.
Breath Tests, Blood Tests, And Your Additional Test
Arkansas’s implied-consent statute covers breath, saliva, and urine under its specified arrest, accident, or reasonable-cause conditions. Blood is treated separately: absent exigent circumstances, it requires a probable-cause warrant or express consent. The same qualification applies to blood testing after a fatal or serious-injury crash. An unconscious person is treated as not having withdrawn implied consent, but that provision does not erase the separate blood-testing limits. (Ark. Code §§ 5-65-202, -208.)
Blood Collection
Review the warrant or consent, any claimed emergency, who drew the blood, sample identity, handling, and the laboratory file. Section 5-65-204(c) distinguishes persons authorized to draw blood under consent or a warrant from the physician-or-licensed-nurse requirement for an exigency-based draw. See blood draws without consent.
Your Additional Chemical Test
After police-directed testing, you may obtain an additional test from a qualified person of your choice. Officers must give written advice about that right and reimbursement if you are found not guilty, and reasonably assist when requested. Noncompliance can exclude the State’s test, but courts apply substantial compliance and reasonable assistance. They do not require officers to guarantee a successful result. (Ark. Code § 5-65-204(d); Johnson v. State, 2023 Ark. App. 589.)
What Matters In A Breath-Test Record
The printed number is only part of the evidence. The defense should compare the instrument and operator certifications, accuracy-check and maintenance records, test sequence, observation times, and recordings. Arkansas’s breath-sampling rule requires an uninterrupted observation period of at least 20 minutes immediately before collection. (5 CAR § 20-404.)
The Department of Health’s operator manual explains the concern about residual mouth alcohol and directs a new observation period after signs of wet belching or regurgitation. That makes the actual events and timing important; a diagnosis of reflux alone does not establish that a particular result was contaminated. A missing entry or procedural issue needs to be connected to the applicable admissibility rule or the reliability of the result.
What Happens If You Refuse A Chemical Test
A qualifying refusal under § 5-65-205 is a separate violation with its own license consequences. The statute concerns breath, saliva, or urine. Declining a blood draw does not prevent police from seeking a warrant, but these listed refusal penalties should not be applied indiscriminately to every blood-test refusal.
| Refusal Under § 5-65-205 | License Consequence |
|---|---|
| First | 180-day suspension. An interlock restricted license may be available for a first alcohol-related refusal. |
| Second within 5 years | Two-year suspension. |
| Third within 5 years | Three-year revocation. |
| Fourth within 5 years | Lifetime revocation. |
Ark. Code § 5-65-205. The statute counts qualifying prior refusal convictions and refusal-based administrative actions, subject to the applicable dismissal and acquittal rules.
Underage refusal under § 5-65-310 uses a different schedule: a first offense brings a 90-day suspension. An unlicensed Arkansas resident instead faces denial of license issuance for six months on a first offense. The statute charged matters; an under-21 driver facing regular DWI is not automatically governed by the underage-refusal schedule.
No chemical test does not mean no DWI case. The State can attempt to prove intoxication through driving, observations, statements, field tests, and other circumstances. Refusal can also be evidence. The defense must examine that remaining proof and any explanation for an incomplete test, rather than treating the absence of a number as an automatic defense. (Ark. Code § 5-65-103; Johnson v. State, 337 Ark. 196 (1999).)
At The Stop: Documents, Questions, And Consent
Keep your hands visible, explain before reaching for documents, and follow lawful directions. You can preserve your rights without arguing about the evidence at the roadside.
| Situation | What To Know |
|---|---|
| License, registration, and insurance | Provide the required driving documents when requested. Showing documents is different from answering questions about drinking or drug use. |
| Questions about drinking or drugs | You can clearly say, “I choose to remain silent.” Avoid volunteering an explanation of the suspected offense. Whether warnings are required or a request for counsel stops questioning depends on custody and interrogation. |
| A request to search | You may decline consent. Police may still search on independent legal grounds. State your position calmly and do not physically resist. |
| Field sobriety exercises | Walking, balance, and eye tests are not the chemical tests covered by § 5-65-205. Declining them does not itself trigger that chemical-refusal suspension. But reasonable suspicion can authorize officers to direct field tests without consent, and refusal can be evidence. |
Ark. Code §§ 27-16-601, 27-14-714, 27-22-104; Ark. R. Crim. P. 2.2, 11.1; Alley v. State, 2015 Ark. App. 31; Johnson v. State, 337 Ark. 196 (1999).
Chemical testing carries the separate rules explained above. After release, preserve the paperwork and recordings, note any medical limitation affecting testing, and address the hearing deadline promptly. Do not assume that everything said or done was recorded.
Drug DWI And Prescription Medication
Arkansas sets no numerical drug limit equivalent to 0.08. A drug-DWI prosecution must establish intoxication: substantial impairment of reactions, motor skills, and judgment creating the required danger. A prescription does not excuse intoxicated driving, but detecting a substance in blood or urine does not by itself establish the degree of impairment at the time of driving.
- Timing: Compare when medication was taken, when driving occurred, and when the specimen was collected. Preserve prescription and medical records relevant to those questions.
- Alternative explanations: Injury, illness, fatigue, and physical limitations may explain particular observations. Identify the specific symptom and supporting evidence rather than assuming a medical condition defeats the charge.
- Testing rules: State Crime Laboratory methods for analyzing controlled substances or other intoxicants are exempt from Department of Health approval under § 5-65-204(b)(2). An alcohol-testing objection does not automatically apply to a drug analysis.
The controlled-substance license restrictions also differ from alcohol cases. See drugged driving and prescription medication for a fuller explanation. (Ark. Code §§ 5-65-102, -103, -104, -204.)
How A DWI Defense Is Built
The Stop And Detention
Identify the legal basis for the initial stop and any extension. Compare the officer’s account with dispatch records and video. A later discovery does not answer whether the detention was justified when it occurred. See Arkansas search-and-seizure rules.
The Arrest And Field Tests
An arrest requires probable cause. Review the facts available before arrest, the test instructions and demonstrations, surface, lighting, footwear, and documented medical limitations. A reported clue should be compared with what the recording actually shows.
Breath And Blood Evidence
Match each result to the correct person, sample, instrument, and time. Examine required certifications, observation, collection authority, storage, and analysis. An issue may affect admissibility, evidentiary weight, or neither; identify the rule and its connection to the evidence.
The Additional-Test Advisement
Obtain the rights form and any recording of the request and response. What was explained, what assistance was requested, and what help was reasonably available determine whether § 5-65-204(d) was satisfied.
Driving Or Actual Physical Control
Where you sat, the key or fob, ignition system, engine, and evidence of earlier driving matter. Remote-start limitations can differ from a vehicle ready to move. See actual physical control in parked vehicles.
Prior Offenses
Match certified judgments to the person charged and confirm offense dates, dispositions, and statutory equivalence. Do not assume every arrest entry is a conviction or that the same prior count governs jail, fines, and licensing.
Felony DWI, Prior Offenses, And Fatal Crashes
A fourth qualifying DWI within ten years is a felony. An out-of-state DWI or equivalent conviction can count through a certified judgment. Prior negligent-homicide convictions under § 5-10-105(a)(1)(A) or (B), involving intoxication or the prohibited alcohol concentration, also count under § 5-65-111(j). Correct dates and dispositions can change the classification and sentencing range. See repeat and felony DWI charges.
- Prison release: A sixth-or-later DWI committed on or after January 1, 2025, requires at least 85% of the prison term. A qualifying prior restricted-release or no-earned-credit felony raises that to 100%. Eligibility does not guarantee release. See Arkansas release eligibility.
- Firearms: A felony DWI can trigger state and federal possession prohibitions. Restoration and statutory exceptions require separate analysis; completion of the sentence alone is not an answer.
- Vehicle forfeiture: For a fourth or later offense within five years, the court may order seizure and sale of the vehicle operated in the fourth offense, subject to protected secured interests.
A fatal crash can support a separate Class B negligent-homicide charge when the State proves negligent causation of death while intoxicated or at the prohibited alcohol concentration. A death alone does not establish those elements. Qualifying Class B negligent homicide is also on the restricted-release list for offenses committed on or after January 1, 2025. See negligent homicide and manslaughter.
Ark. Code §§ 5-10-105(a), 5-65-111(g), (j), -117, 5-73-103, 16-93-1802, -1803; 18 U.S.C. §§ 921(a)(20), 922(g)(1).
CDL Holders: DWI And Your Commercial License
Commercial disqualification can follow a qualifying DWI or refusal in your personal vehicle. Driving a commercial motor vehicle at 0.04 or more is also a separate Class B misdemeanor, carrying up to 90 days in jail and a fine up to $1,000. (Ark. Code §§ 27-23-114, 5-4-401, 5-4-201.)
| Qualifying Event | Commercial Disqualification |
|---|---|
| First DWI or qualifying refusal | One year, including qualifying conduct in a personal vehicle. |
| 0.04 or more in a commercial vehicle | One year for a first qualifying offense. |
| First qualifying offense while transporting placarded hazardous materials | Three years. |
| Second qualifying major offense from a separate incident | Lifetime. Eligible drivers may seek reinstatement after ten years with an approved rehabilitation program and Driver Services approval. |
Ark. Code § 27-23-112. Not every lifetime disqualification is eligible for reinstatement. An interlock or hardship permit does not authorize commercial driving.
CDL or commercial-learner-permit status also creates record restrictions. Arkansas limits sealing of covered traffic convictions committed while holding those credentials, and federal rules prohibit hiding covered convictions from the commercial driving record through masking, deferred judgment, or diversion. A personal vehicle does not avoid these rules. (Ark. Code §§ 16-90-1405, -1408; 49 C.F.R. § 384.226.)
Costs, Employment, Immigration, And Sealing
Costs Beyond The Fine
Budget for applicable court costs, treatment or education, the victim impact panel, reinstatement, and interlock installation and service. Also review towing or storage charges, bond expenses, insurance changes, and lost work time. These are separate from the statutory fine.
Employment And Professional Licensing
If your job requires driving or a professional license, check the employer’s and licensing board’s reporting rules promptly. A suspension can affect transportation or work before the criminal case ends. Keep the notice and disposition so you can accurately explain the case’s status.
Immigration
If you are not a U.S. citizen, obtain advice about the exact charge and your status before a plea. Drug allegations and repeated alcohol-related convictions can affect the analysis, including eligibility for immigration benefits. Calling an offense a misdemeanor does not resolve those questions. (USCIS Policy Manual, Volume 12, Part F.)
Sealing is a separate court process. For an initial misdemeanor petition, § 16-90-1405(a) ties filing eligibility to completing the sentence, required payments, and license-reinstatement requirements. Older offense dates may require a sixty-day wait: State v. Coleman (2026) applied that earlier rule to an initial petition concerning a 2018 DWI. A blanket ten-year wait for every misdemeanor DWI is not accurate.
Renewed petitions and felony DWI follow different rules, including applicable lookbacks, prior-record limits, and exclusions. Class B DWI is excluded from ordinary felony sealing unless a specific statutory exception applies. CDL restrictions require their own review. Bring the judgment, completion records, and any earlier petition or denial so eligibility can be checked under the correct law. (Ark. Code §§ 16-90-1405 through -1408.)
What To Bring To Your Consultation
- License and court papers: The citation, suspension notice and envelope, hearing-request receipt, court dates, release conditions, and Driver Services orders identify the deadlines and current restrictions.
- Testing records and your timeline: Bring the rights form and any result printout. Write down driving, medication, drinking, testing, and additional-test requests while you remember them.
- Recordings and witnesses: Preserve original video, messages, and the names of people who observed driving or testing. Tell counsel promptly about recordings held by others so preservation can be requested.
- Prior cases and work requirements: Bring judgments, dismissals, completion records, and any CDL or professional-license information. Those facts affect exposure and the consequences of a proposed resolution.
Get legal advice before voluntarily discussing the alleged drinking, drug use, or driving with investigators. Keep every court date and follow your release conditions while the evidence and license issues are reviewed.
Related Guides
After An Arrest
Evidence And Financial Consequences
Charged With DWI Or DUI In Arkansas?
Wesley Rhodes can review the charge, testing evidence, prior record, and license deadlines with you. Bring your paperwork so the consultation can address both the criminal case and your driving privileges.
If you’re facing DWI or DUI charges in Little Rock, North Little Rock, Conway, Benton, or elsewhere in Central Arkansas, call 501-301-4591 or contact us online for a free consultation.
This page reflects Arkansas law as of October 2026. It is general information, not legal advice about your specific case.