Arkansas DWI Laws Explained

By Javier Marín, Editor·Last reviewed September 2026·How we check this

Arkansas charges impaired driving as DWI — Driving While Intoxicated, under Arkansas Code Annotated §5-65-103. A DWI arrest triggers two parallel processes: a criminal case in district or circuit court and an administrative license action by the Office of Driver Services. Both move quickly, and a driver has only seven days from arrest to request a hearing on the administrative side.

The legal threshold

Arkansas's per-se DWI thresholds:

Adults 21 and older: 0.08% BAC.
Aggravated DWI: 0.15% BAC and above.
Drivers under 21: 0.02% BAC under the Underage DUI law (a separate offense from adult DWI).
Commercial drivers (CDL): 0.04% BAC.
Drug or polysubstance DWI: impairment by any controlled substance, prescription medication, or combination, prosecuted on impairment evidence rather than a numerical threshold.

Arkansas can also charge DWI on impairment evidence below 0.08% if the prosecution shows the driver was actually impaired, but the per-se threshold removes the need to prove impairment beyond the BAC reading.

The seven-day hearing window

After a DWI arrest, the officer typically issues a notice of administrative license suspension and confiscates the physical license, replacing it with a 30-day temporary permit. The driver has seven calendar days from the arrest date to request an administrative hearing with the Office of Driver Services. The hearing addresses three narrow questions: did the officer have reasonable cause to stop and arrest, was the BAC at or above 0.08%, and did the chemical test follow proper procedure. Winning the administrative hearing prevents the administrative suspension but does not affect the criminal case.

First-offense penalties

An Arkansas first-offense DWI conviction at the standard 0.08% threshold typically produces:

Jail time: 24 hours to one year, with most first-offense sentences served at 24 hours or via community service.
Fines: $150 to $1,000 in base fines, plus court costs and administrative fees that often double the total.
License suspension: six months administrative, often concurrent with any court-imposed suspension.
Mandatory IID: ignition interlock device installation for at least six months, paid by the driver. Operating a vehicle without the IID during the restriction period is a separate offense.
Alcohol/Drug Education and Treatment Program (ADETP): court-ordered substance evaluation and program completion before reinstatement.
SR-22 financial responsibility filing for at least three years — see Arkansas car insurance.
Probation: up to one year of supervised or unsupervised probation depending on the court.

Aggravated DWI at 0.15% and above

Arkansas's aggravated DWI threshold of 0.15% BAC carries enhanced penalties even on a first offense: longer minimum jail time, higher fines, longer license suspension (up to one year on a first), and longer IID requirement. Aggravated DWI is also given more weight in the lookback period for second and subsequent offenses.

Mandatory ignition interlock

Since 2015, Arkansas has required an ignition interlock device on every DWI conviction, no matter how low the BAC was. The IID prevents the vehicle from starting if the driver's breath shows alcohol, runs random rolling tests during operation, and reports data to the state's IID program. The driver bears the installation cost (about $100 to $150) and the monthly monitoring fee (about $70 to $100). The IID stays installed for at least six months on a first offense and longer on repeat offenses or aggravated cases.

Repeat offenses

Arkansas's lookback for DWI enhancement is five years from the prior offense date. A second DWI within five years brings:

Mandatory minimum 7 days in jail (or 30 days of community service in lieu).
Fine $400 to $3,000.
Two-year license suspension with one-year IID requirement.

A third DWI within five years brings 90 days to one year in jail, $900 to $5,000 fine, and a 30-month license revocation. A fourth DWI within five years is a felony in Arkansas, carrying one to six years in state prison and a four-year license revocation.

Operating Without an IID

Arkansas treats Operating Without an Ignition Interlock Device as a standalone misdemeanor offense, separately punishable from the underlying DWI. A first conviction adds an additional six months to the IID requirement and may include jail time and fines. The state shares IID compliance data between the IID provider and the DFA, so a missed monthly report or a tampering attempt can trigger an automatic violation.

Refusal to test

Arkansas's implied-consent statute, ACA §5-65-205, treats refusal of the chemical test at a DWI stop as a separate administrative offense. A first refusal carries a six-month suspension, a second within five years carries a two-year suspension, and a third refusal is a five-year suspension. Refusal does not bar prosecution for DWI — the prosecution can proceed on field-sobriety and impairment evidence alone — and refusal cases are not always eligible for an early restricted permit.