Potential Consequences Of A DWI Conviction In Arkansas

An Arkansas DWI conviction can bring jail or prison, fines, driving restrictions, and a criminal record that remains after the sentence ends. Your exposure depends on the offense date, qualifying prior offenses, and facts such as a child passenger; a separate administrative license case can affect your driving before trial.

At Wesley Rhodes, Attorney at Law, Little Rock criminal defense attorney Wesley Rhodes represents people facing DWI charges in Central Arkansas. He has practiced criminal defense since 2016.

What A DWI Conviction Requires

Under Ark. Code § 5-65-103, DWI covers operating or being in actual physical control of a vehicle while intoxicated, or with a breath or blood alcohol concentration of 0.08 or more. The intoxication route can involve alcohol, a controlled substance, another intoxicant, or a combination. It requires substantially altered reactions, motor skills, and judgment creating a clear and substantial danger; taking medication alone does not establish those facts.

DWI can apply at any age. Arkansas also has a separate underage DUI offense for drivers under 21: operating or being in actual physical control while under the influence of alcohol, or with an alcohol concentration of at least 0.02 but less than 0.08. The sentencing rules below concern DWI, not that separate offense. See DWI and underage DUI in Arkansas.

Jail And Prison Exposure

These are the ordinary incarceration ranges under current law, before the child-passenger rules discussed below. The first three levels are unclassified misdemeanors; the fourth and fifth are unclassified felonies. A sixth or subsequent qualifying offense is a Class B felony.

Ark. Code §§ 5-65-111 and 5-4-401. The repeat-offense periods run from the first qualifying offense. Earlier offense dates require review under the law applicable at that time. Fines and licensing use separate counting rules.

The State must establish the qualifying priors. Certified convictions from another state can count when they concern an equivalent offense, and certain intoxication-related negligent-homicide convictions count under § 5-65-111(j). Bring the judgments and offense dates for every prior case, including cases outside Arkansas. See repeat and felony DWI charges.

A Passenger Under 16

A passenger under 16 raises the incarceration minimums for the first through fifth offenses to 7 days, 30 days, 120 days, 2 years, and 3 years, respectively. The second- and third-offense public-service alternatives rise to at least 60 and 120 days. Section 5-65-111(i) provides an affirmative defense to these increased minimums if the driver was no more than two years older than the passenger. See DWI cases involving aggravating facts.

Public Service And Supervision Are Different

Public service is a sentencing choice the statute permits for the first three DWI levels; it is not guaranteed. Arkansas excludes DWI from Act 346 first-offender treatment. A court may still impose probationary supervision to monitor compliance, but that supervision is in addition to the mandatory penalties, not a substitute for them. (Ark. Code § 5-65-108.)

Fines And Other Expenses

For the first five DWI levels, the fine ranges below come from Ark. Code § 5-65-112. Its repeat-offense increases use a five-year window, even though incarceration and felony status use longer periods:

• First offense: $150 to $1,000.
• Second offense within five years of the first: $400 to $3,000.
• Third through fifth offense within five years of the first: $900 to $5,000.

These selected ranges do not state the fine ceiling for a sixth-or-later Class B felony. Do not calculate the fine solely from the incarceration tier. Separate court costs, approved program expenses, interlock charges, and applicable reinstatement fees can add to the amount you pay. Obtain an itemized court balance and a Driver Services reinstatement checklist; a fine is not a quote for the total cost of the case.

License Suspension And Restricted Driving

The administrative licensing process is separate from the criminal prosecution. Under § 5-65-402, the suspension notice sets an effective date 30 days after the notice is given. A receipt for a valid, unexpired license can serve as a temporary permit for up to 30 days. An existing suspension or other restriction is not erased by that receipt.

Under § 5-65-104, the DWI license periods are six months for a first offense, 24 months for a second, 30 months for a third, and a four-year revocation for a fourth or later offense within the applicable five-year period. Qualifying prior convictions and certain administrative actions affect the count. A refusal allegation has its own license consequences; a first qualifying refusal carries 180 days under § 5-65-205.

Interlock use requires proof of compliance. A first-offense court waiver can apply to required work in an employer’s vehicle when you do not own or control the business, medically documented inability to provide a deep-lung sample, or the absence of a certified provider within 100 miles of your residence. Under the rules effective July 1, 2026, an interlock reading above 0.025%, missed rolling retest, or missed service appointment during the final 60 days of the original period or an extension can trigger another 60 days, subject to statutory exceptions and review. Obtain Driver Services’ requirements before scheduling removal. See DWI license suspension, interlock, and reinstatement.

For a sustained suspension, reinstatement requires the applicable education or treatment, victim-impact-panel documentation, fees, and any other requirements on your record. The passage of the suspension period alone does not restore driving privileges. Driving while suspended or revoked under the DWI law can bring a separate conviction requiring 10 to 90 days in jail and allowing a fine up to $1,000. (Ark. Code §§ 5-65-105, 5-65-402.)

If The Charge Is Dismissed Or You Are Acquitted

Section 5-65-402(d)(2)(B) requires reversal of the administrative suspension, disqualification, or revocation based on the dismissed or acquitted charge, with reinstatement at no cost for that action. The charge also cannot count as a prior offense in a future administrative suspension.

Give Driver Services proof of that disposition and apply for reinstatement. Section 5-65-402(g) permits that proof instead of the program-completion and fee route for the affected charge. You must still be granted reinstatement before driving. A separate refusal action or unrelated hold is not cleared merely because the DWI charge ended favorably; obtain confirmation of the status of each action.

Commercial Driving Consequences

For a CDL holder, a first qualifying DWI conviction or test refusal can disqualify commercial driving for one year, including an offense in a personal vehicle. The period is three years when the qualifying offense occurs while transporting hazardous materials requiring placards. A second qualifying disqualifying offense arising from a separate incident can bring lifetime disqualification.

Arkansas permits limited restoration after at least ten years for eligible lifetime disqualifications following voluntary entry into and successful completion of an approved rehabilitation program. It is not automatic, and a later disqualifying offense after restoration can eliminate that route. An ordinary interlock license does not authorize commercial driving, and an Arkansas court cannot issue a restricted permit to operate a commercial motor vehicle. (Ark. Code § 27-23-112.)

The Criminal Record And Sealing

Completing the sentence does not automatically seal a DWI conviction. For misdemeanor DWI, § 16-90-1405 requires the applicable § 5-65-111 lookback periods to expire before a sealing petition may be filed, along with completion of the sentence and the statute’s payment and license-reinstatement requirements. It also excludes covered motor-vehicle offenses committed while the person held a CDL or commercial learner’s permit.

Felony DWI has a similar lookback restriction, but eligibility also depends on the felony classification, prior record, and statutory exclusions. Waiting out the lookback period does not make every felony DWI eligible. A petition and court order are required; sealed records also remain usable for specified purposes, including certain later criminal proceedings and licensing decisions. See sealing a criminal conviction in Arkansas.

Other Consequences To Address Before A Plea

Employment, Professional Licenses, And Insurance

Check whether your job requires a valid license, whether an employer policy requires reporting an arrest or conviction, and whether your professional board has a disclosure deadline. Bring those policies and any insurance notices to the consultation. The useful questions are what must be reported, when, and whether you can lawfully perform your driving duties.

Firearms And Immigration

A felony DWI can trigger Arkansas and federal firearm prohibitions. Completing the sentence does not itself restore firearm rights, and ordinary Arkansas record sealing does not restore the firearm right removed by a felony conviction. Any claimed restoration must satisfy the applicable state and federal rules. (Ark. Code §§ 5-73-103, 16-90-1417; 18 U.S.C. §§ 921(a)(20), 922(g)(1).)

If you are not a U.S. citizen, obtain immigration advice before entering a plea. For example, two or more impaired-driving convictions during the relevant statutory period create a rebuttable presumption against good moral character for immigration purposes. That can affect relief requiring good moral character; it does not mean every DWI automatically results in deportation. The immigration review should address your status, complete record, and proposed disposition. (Matter of Palma-Olvera, 29 I&N Dec. 355 (BIA 2025).)

Vehicle Forfeiture And A Fatal Crash

After a fourth or subsequent DWI conviction within five years, § 5-65-117 permits court-ordered vehicle seizure and forfeiture. The statute identifies the vehicle operated or controlled during the fourth offense. Seizure is discretionary, and a bona fide secured creditor’s interest is protected if the creditor neither knew of nor consented to the offense. Bring ownership and financing documents.

A fatal crash can support a separate Class B negligent-homicide charge when the State establishes negligent causation of death through operating a vehicle while intoxicated or at the statutory alcohol level. A death alone does not establish all those elements. See manslaughter and negligent homicide in Arkansas.

Release Restrictions For A Sixth Or Later DWI

A sixth or subsequent DWI committed on or after January 1, 2025, is a restricted-release felony under §§ 16-93-1802 and 16-93-1803. A person convicted and incarcerated for it must serve at least 85% of the sentence before release eligibility. A prior restricted-release felony or felony ineligible for earned release credits can require 100%. The 85% threshold is not a promised release date. See Arkansas release eligibility.

Challenging The Charge And Preparing For Sentencing

Arkansas prohibits reducing a DWI charge to a different, lesser offense through ordinary plea bargaining. That restriction does not relieve the State of proving the charge. The evidence review should address whether you operated or controlled the vehicle, whether intoxication or the statutory alcohol concentration is established, and whether each alleged prior qualifies.

The stop, arrest, and collection of chemical evidence also require review. Arkansas gives a tested person the right to an additional chemical test by a qualified person of their choice. Under § 5-65-204(d), failures involving the required written advice or assistance can exclude the State’s test. The court must determine the applicable remedy, and other evidence may still support an intoxication charge. An excluded test does not automatically end the case.

If a conviction remains possible, sentencing preparation should address the lawful public-service alternatives, documented treatment, work obligations, and compliance with court orders. Those materials help present a concrete sentencing request; they do not erase mandatory penalties or guarantee a particular sentence.

What To Bring And Preserve Now

• The citation, suspension notice, and envelope. They identify the charges, court date, and administrative deadline.
• Prior judgments and Driver Services notices. Criminal sentencing and licensing do not necessarily count the same prior events.
• Test paperwork and a written timeline. Note when you drove, when samples were taken, and what happened when an additional test was discussed.
• Existing video and witness information. Preserve recordings in their original form and identify businesses or witnesses with relevant footage before it is overwritten.
• Medical and prescription information relevant to the allegation. These records may help explain observations or test evidence. Do not change prescribed treatment without medical advice.
• Proof of completed requirements. Keep program certificates, payment receipts, interlock records, and any dismissal or acquittal order so compliance or reinstatement can be documented.

Related Guides

If you’re facing DWI charges in Little Rock, Pulaski County, Faulkner County, Saline County, or elsewhere in Central Arkansas, call 501-301-4591 or contact us online to schedule a free consultation.

This page reflects Arkansas law as of October 2026. It is general information, not legal advice about your specific case.