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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.
Ignition interlock required after a first conviction

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.

Arkansas uses two lookbacks: 10 years for jail minimums (Act 274 of 2021) but 5 years for the second-offense fine range and the license suspension. A first offense is an unclassified misdemeanor; an ignition interlock follows every alcohol suspension unless a court waives it; there is no high-BAC tier.

01Penalties

Arkansas DWI penalties

Statutory ranges for standard DWI convictions (no accident, no minor in vehicle).
Arkansas statutory DWI penalties, first and second offense
Penalty1st offense2nd offense
Jail (minimum)24 hours7 days
Jail (maximum)1 year1 year
Fine (minimum)$150$400
Fine (maximum)$1,000$3,000
License suspension6 months24 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.

Arkansas and the states that border it, first-offense figures side by side
StateBAC limitHearing requestInterlock, first offenseJail, first offenseFine, first offenseLicense, first offense
Arkansas (this page)0.08%7 daysRequired24 hours to 1 year$150 to $1,0006 months
Louisiana0.08%30 daysRequired10 days to 6 months$300 to $1,00012 months suspension
Mississippi0.08%30 daysAt the judge's discretionUp to 48 hours$250 to $1,000120 days
Missouri0.08%15 daysIn some casesUp to 6 monthsUp to $1,00030 days suspension, then 60 days restricted driving privilege
Oklahoma0.08%30 daysRequired10 days to 1 yearUp to $1,000At least 180 days, and until the Impaired Driver Accountability Program is completed
Tennessee0.08%No fixed deadlineRequired48 hours to 11 months and 29 days$350 to $1,5001 year
Texas0.08%15 daysIn some cases72 hours to 180 daysUp to $2,00090 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

The typical sequence, in general terms. Timing and details differ by county and by case.
  1. 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.

  2. Release

    A person is released after posting bail, on their own recognizance, or after a hold. Amounts and timing differ by county.

  3. License action

    Within 7 calendar days after the notice of revocation.

  4. Arraignment

    The first court appearance, where the charge is read and a plea (guilty, not guilty or no contest) is entered.

  5. 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.

  6. 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

Each figure was read on the official page linked here on Oct 26, 2026, and the quoted words were checked against the page the day it was read. The exact words are below so you can check them. Found a mistake? Write to hello@duiarrested.com with the state and the figure.
  • 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 figure
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

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.