Is There An “Aggravated DWI” In Arkansas?
Arkansas has no separate “aggravated DWI” offense. A DWI is charged under the same statute whatever the circumstances. What raises the stakes are specific factors the law spells out: prior offenses, a child in the car, a test refusal, a crash that causes a death, and a commercial driver’s license.
At Wesley Rhodes, Attorney at Law, Little Rock criminal defense attorney Wesley Rhodes defends DWI charges, including cases involving these factors. For the full picture, from the seven-day license deadline to penalties and defenses, see our main DWI defense page.
The Factors That Raise The Stakes
| Factor | What It Changes |
|---|---|
| Prior DWIs | Higher mandatory minimums for a second or third offense within ten years; a fourth is a felony; a sixth within twenty years is a Class B felony with 5 to 20 years. See repeat DWI offenses. |
| A passenger under 16 | The minimums rise to 7 days, 30 days, 120 days, 2 years, and 3 years for the first through fifth offenses. It’s a defense if the driver was no more than two years older than the passenger. |
| A test refusal | A separate violation with its own license suspension, from 180 days up to lifetime revocation, and the refusal can be used at trial. See can you refuse a breath test? |
| A crash that causes a death | Can be charged as negligent homicide, a Class B felony when the driver was intoxicated. See manslaughter vs. negligent homicide. |
| A commercial driver’s license | A first DWI or refusal means a one-year CDL disqualification, even in your personal vehicle. See CDL DWI in Arkansas. |
Ark. Code §§ 5-10-105, 5-65-111, 5-65-205, 27-23-112.
What Doesn’t Change
However serious the facts, a DWI charge can’t be reduced to a lesser offense such as reckless driving (Ark. Code § 5-65-107), and the First Offender Act isn’t available (§ 5-65-108). The defense is built on the evidence: the stop, the arrest, the test, the video, and, in repeat cases, the proof of each prior. See common DWI defenses and the consequences of a DWI conviction.
Facing a DWI With Aggravating Facts?
The license deadline is seven days from your arrest. Let’s look at the evidence and what’s really at stake.
This page reflects Arkansas law as of October 2026. It is general information, not legal advice about your specific case.