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  1. Home
  2. Arkansas
  3. DUI and DWI Laws in Arkansas

DUI and DWI Laws in Arkansas

Driving under the influence (DUI) and driving while intoxicated (DWI) are serious offenses in Arkansas with strict penalties. Understanding the differences between the two, the legal limits, consequences, and what to expect during and after a stop can help you stay compliant and protect your driving privileges.

DUI vs. DWI in Arkansas

Arkansas distinguishes between DUI and DWI based on the driver's age and blood alcohol concentration (BAC):

  • DWI applies to drivers 21 and older with a BAC of 0.08% or higher.
  • DUI is charged to drivers under 21 with a BAC of 0.02% or higher.

Additionally, drivers can be charged based on observed impairment, even if their BAC is below these limits.

Implied Consent Law

Arkansas enforces an implied consent law, meaning that by driving on public roads, you automatically consent to BAC testing if lawfully arrested for suspicion of impaired driving. Refusing a chemical test leads to automatic license suspension, regardless of whether you're convicted of a DUI or DWI.

Refusal penalties include:

  • 180-day license suspension for a first offense
  • Two-year suspension for subsequent refusals

Penalties for DWI Convictions

The penalties for a DWI depend on prior offenses within a 10-year period. All offenses carry the possibility of jail time, fines, license suspension, and mandatory education or treatment.

First Offense DWI:

  • Up to 1 year in jail (minimum 24 hours)
  • $150–$1,000 fine
  • 6-month license suspension
  • Mandatory alcohol education

Second Offense (within 5 years):

  • 7 days to 1 year in jail
  • $400–$3,000 fine
  • 24-month license suspension
  • Possible community service

Third Offense:

  • 90 days to 1 year in jail
  • $900–$5,000 fine
  • 30-month license suspension
  • Ignition interlock device required

Fourth and subsequent offenses are considered felonies and include harsher penalties such as extended imprisonment and permanent license revocation.

For a broader understanding of traffic rules that influence DUI stops, see Arkansas Traffic Laws Overview.

DUI Penalties for Drivers Under 21

A DUI for drivers under 21 is treated less severely than a DWI but still results in significant consequences:

  • First offense: $100–$500 fine, 90-day license suspension
  • Second offense: $200–$1,000 fine, one-year suspension
  • Third or subsequent: Up to $2,000 fine and revocation until age 21

Education and treatment programs may be required. These rules help uphold zero-tolerance laws for underage drinking and driving.

Ignition Interlock Requirements

After certain DUI or DWI offenses, Arkansas law mandates the installation of an ignition interlock device (IID), which prevents a vehicle from starting if alcohol is detected on the driver’s breath. Offenders must pay for the installation and maintenance of the IID.

License Reinstatement

Once the suspension period ends, drivers must satisfy all reinstatement conditions, including:

  • Completing treatment or education programs
  • Paying reinstatement fees
  • Providing proof of insurance, such as an SR-22 certificate

You can read more about required documentation in What Counts as Proof of Insurance in Arkansas.

Insurance Impacts

A DUI or DWI conviction can lead to higher insurance premiums or policy cancellation. Arkansas drivers are required to maintain minimum coverage levels; if your insurance lapses after a DUI, additional penalties may apply. Visit Minimum Car Insurance Requirements in Arkansas to understand the baseline coverage you must carry.

Driving without valid insurance after a DUI can compound your legal problems. Learn more at Penalties for Driving Without Insurance in Arkansas.

Additional Considerations

  • Commercial drivers face stricter limits: a BAC of 0.04% can lead to disqualification.
  • Out-of-state DUI convictions can affect your Arkansas license.
  • Open container laws prohibit alcohol in the vehicle's passenger area, and violations may support DUI charges.

For legal procedures or support, consult the Arkansas Department of Finance and Administration which oversees driver licensing and reinstatement protocols.

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