Arkansas · DWI
Arkansas DWI laws and penalties
Arkansas's legal BAC limit is 0.08%. For a first offense, Arkansas's statute provides jail of 24 hours to 1 year, a fine of $150 to $1,000, and a license suspension of 6 months. The license hearing, the ignition interlock rule and the statute behind every figure are below.
In Arkansas the offense is called DWI (driving while intoxicated). It is the offense most states call DUI.
Figures read from official pages on .
Arkansas DWI laws at a glance
- Legal BAC limit
- 0.08%
- Standard US limit
- Enhanced penalty BAC
- None
- No higher tier in the law
- Zero tolerance (under 21)
- 0.02%
- Limit for drivers under 21
- Lookback period
- Varies
- Prior DWI offenses that count
License hearing: ask within 7 days
Within 7 calendar days after the notice of revocation. Count the days with the license-hearing window calculator.Higher BAC level. No high-BAC tier: penalties depend on the number of prior offenses and on a passenger under 16.
Ignition interlock. Follows every alcohol suspension unless a court waives it (for an employer-owned vehicle, a medical inability to blow, or no certified provider within 100 miles).
Lookback. 10 years for jail minimums; 5 years for the second-offense fine range and the license suspension.
01Penalties
Arkansas DWI penalties
| Penalty | 1st offense | 2nd offense |
|---|---|---|
| Jail (minimum) | 24 hours | 7 days |
| Jail (maximum) | 1 year | 1 year |
| Fine (minimum) | $150 | $400 |
| Fine (maximum) | $1,000 | $3,000 |
| License suspension | 6 months | 24 months |
Statutory ranges only. Actual outcomes vary by county, judge, and attorney. Does not include court fees, surcharges, or program costs.
02Compare
How Arkansas compares
Of the 49 states with a confirmed BAC limit, 48 (Arkansas among them) use 0.08%; Utah has 0.05%.
On this site's reading of the statutes, of the 49 states with a confirmed rule, 21 require an ignition interlock after every first conviction, 18 in some cases and 8 leave it to the judge; 2 do not require one. Arkansas requires one after every first conviction.
The 40 states with a fixed deadline give from 6 to 90 days to ask for a license hearing (the middle one is 10); Arkansas gives 7.
| State | BAC limit | Hearing request | Interlock, first offense | Jail, first offense | Fine, first offense | License, first offense |
|---|---|---|---|---|---|---|
| Arkansas (this page) | 0.08% | 7 days | Required | 24 hours to 1 year | $150 to $1,000 | 6 months |
| Louisiana | 0.08% | 30 days | Required | 10 days to 6 months | $300 to $1,000 | 12 months suspension |
| Mississippi | 0.08% | 30 days | At the judge's discretion | Up to 48 hours | $250 to $1,000 | 120 days |
| Missouri | 0.08% | 15 days | In some cases | Up to 6 months | Up to $1,000 | 30 days suspension, then 60 days restricted driving privilege |
| Oklahoma | 0.08% | 30 days | Required | 10 days to 1 year | Up to $1,000 | At least 180 days, and until the Impaired Driver Accountability Program is completed |
| Tennessee | 0.08% | No fixed deadline | Required | 48 hours to 11 months and 29 days | $350 to $1,500 | 1 year |
| Texas | 0.08% | 15 days | In some cases | 72 hours to 180 days | Up to $2,000 | 90 days to 1 year |
Every figure is the statute's own, read from the same kind of page. See DUI laws and penalties for all 50 states.
03The process
How a DWI case moves through the system in Arkansas
Arrest and booking
Police arrest a driver on suspicion of DWI and take the person to the local jail, where booking records the arrest, the charge and the times.
Release
A person is released after posting bail, on their own recognizance, or after a hold. Amounts and timing differ by county.
License action
Within 7 calendar days after the notice of revocation.
Arraignment
The first court appearance, where the charge is read and a plea (guilty, not guilty or no contest) is entered.
Pretrial resolution
A case can end in a plea to a reduced charge, in a diversion or deferred program where the state has one, in a trial, or in a dismissal, depending on the state and the facts.
Sentencing or trial
For a first offense, Arkansas's statute provides jail of 24 hours to 1 year, a fine of $150 to $1,000, and a license suspension of 6 months. See the penalties table above.
04Sources
Where Arkansas's figures come from
- Ark. Code Ann. § 5-65-103 (arkleg.state.ar.us)Main statute · Higher BAC level · Lookback period · First offense: jail, minimum · First offense: jail, maximum · Second offense: jail, minimum · Second offense: jail, maximum
- Ark. Code Ann. § 5-65-103(a)(2) (arkleg.state.ar.us)BAC limit, age 21 and over · BAC limit under 21
- Ark. Code Ann. § 5-65-402(a)(7)(A) (arkleg.state.ar.us)License hearing request · First offense: fine, minimum · First offense: fine, maximum · First offense: license · Second offense: fine, minimum · Second offense: fine, maximum · Second offense: license
- Ark. Code Ann. § 5-65-118(a)(1)(A)(i) (arkleg.state.ar.us)Ignition interlock, first offense
Show the exact words behind each figureHide the exact words
- Main statute
Ark. Code § 5-65-103
Ark. Code Ann. § 5-65-103
guilty of violating § 5-65-103, for a first offense,
- BAC limit, age 21 and over
0.08%
Ark. Code Ann. § 5-65-103(a)(2)
breath or blood was eight-hundredths (0.08) or
- Higher BAC level
None set by the law
Ark. Code Ann. § 5-65-111(a) (Act 274 of 2021; the chapter as a whole was read)
(a)(1) A person who pleads guilty or nolo contendere to or is found guilty of violating § 5-65-103, for a first offense, ... guilty of an unclassified misdemeanor and may be imprisoned for not less than: (A) Twenty-four (24) hours but no more than one (1) year; or (B) Seven (7) days but no more than one (1) year if a passenger under sixteen (16) years of age was in the motor vehicle or motorboat at the time of the offense.
- BAC limit under 21
0.02%
Ark. Code Ann. § 5-65-303(a)(2)
hundredths (0.02) but less than eight-hundredths (0.08) in his or her breath,
- Lookback period
Varies (see the note on the page)
Ark. Code Ann. §§ 5-65-111, 5-65-112, 5-65-104
guilty of violating § 5-65-103 for a second offense occurring within ... ten (10) years of the first offense ... may be imprisoned for not less than: (A) Seven (7) days but no more than one (1) year
- License hearing request
7 days
Ark. Code Ann. § 5-65-402(a)(7)(A)
within seven (7) calendar days after the notice of the revocation,
- Ignition interlock, first offense
Required after a first conviction
Ark. Code Ann. § 5-65-118(a)(1)(A)(i)
the Office of Driver Services shall place a restriction on a person who has violated § 5-65-103 for a first or second offense that requires the person's motor vehicle to be equipped with a functioning ignition interlock device in addition to any other penalty authorized by this chapter.
- First offense: jail, minimum
24 hours
Ark. Code Ann. § 5-65-111(a)(1)(A)
(A) Twenty-four (24) hours but no more than one (1) year;
- First offense: jail, maximum
1 year
Ark. Code Ann. § 5-65-111(a)(1)(A)
Same passage as above.
- First offense: fine, minimum
$150
Ark. Code Ann. § 5-65-112(1)
No less than one hundred fifty dollars ($150) and no more
- First offense: fine, maximum
$1,000
Ark. Code Ann. § 5-65-112(1)
than one thousand dollars ($1,000) for the first offense;
- First offense: license
6 months
Ark. Code Ann. § 5-65-104(a)(2)(A)(i)(a)
Six (6) months for the first offense of
- Second offense: jail, minimum
7 days
Ark. Code Ann. § 5-65-111(b)(1)(A)
(A) Seven (7) days but no more than one (1) year; or
- Second offense: jail, maximum
1 year
Ark. Code Ann. § 5-65-111(b)(1)(A)
Same passage as above.
- Second offense: fine, minimum
$400
Ark. Code Ann. § 5-65-112(2)
No less than four hundred dollars ($400) and no more than
- Second offense: fine, maximum
$3,000
Ark. Code Ann. § 5-65-112(2)
three thousand dollars ($3,000) for the second offense occurring within five
- Second offense: license
24 months
Ark. Code Ann. § 5-65-104(a)(2)(B)(i)
Suspension for twenty-four (24) months for a second
05Related
Related pages
- CalculatorDUI License-Hearing WindowThe hearing request window listed for each state, counted from a date you enter.
Note: This page summarizes state statutes and published figures. It is general information, not legal advice, and it may be out of date or incomplete. Penalty ranges are statutory ranges; actual outcomes depend on the case. See the Disclaimer.