Arkansas DWI/DUI Penalties

Note: Additional penalties for driving with a child under 16 do not apply if the driver was under 18.

Basic penalty ranges for Arkansas DUI/DWI convictions

First Offense: The driver will be sentenced to between 1 day and 1 year in jail. If there was a child under 16 in the driver's vehicle at the time of the offense, the driver will be sentenced to between 7 days and 1 year in jail. The court may order the driver to perform community service instead of jail. The driver will also be fined between $250 and $1000.

Second Offense within 5 years: The driver will be sentenced to between 7 days and 1 year in jail, or at least 30 days if there was a child under 16 in the vehicle at the time of the offense. The court may order the driver to perform at least 30 days of community service instead of jail, or at least 60 days if there was a child under 16 in the vehicle. The driver will also be fined between $400 and $3000.

Third Offense within 5 years: The driver will be sentenced to between 90 days and 1 year in jail, or at least 120 days if there was a child under 16 in the vehicle at the time of the offense. The court may order the driver to perform at least 90 days of community service instead of jail, or at least 120 days if there was a child under 16 in the vehicle. The driver will also be fined between $900 and $5000.

Fourth Offense within 5 years: The driver will be sentenced to between 1 year and 6 years in prison, or at least 2 years if there was a child under 16 in the vehicle at the time of the offense. The court may order the driver to perform at least 1 year of community service instead of prison, or at least 2 years if there was a child under 16 in the vehicle. The driver will also be fined between $900 and $5000.

Fifth Offense or more within 5 years: The driver will be sentenced to between 2 years and 10 years in prison, or at least 3 years if there was a child under 16 in the vehicle at the time of the offense. The court may order the driver to perform at least 2 years of community service instead of prison, or at least 3 years if there was a child under 16 in the vehicle. The driver will also be fined between $900 and $5000.

Source: Arkansas Code Title 5 (Criminal Offenses) 5-65-111, 5-65-112

Vehicle Seizure In Arkansas DWI Cases:

If a driver is convicted of an Arkansas DWI offense and has committed at least 3 DWI offenses within the past 3 years, the State may seize his or her vehicle and sell it at auction.
Source: Arkansas Code Title 5 (Criminal Offenses) 5-65-117

License Suspensions for Arkansas DWI offenses:

For a first offense, the driver's license to drive will be suspended for 4 months, or 6 months if the driver was intoxicated by an illegal drug or had a BAC of at least 0.15.

For a second offense within 5 years, the driver's license to drive will be suspended for 2 years.

For a third offense within 5 years, the driver's license to drive will be suspended for 2 years and 6 months.

For a fourth offense or more within 5 years, the driver's license to drive will be suspended for 4 years.

Source: Arkansas Code Title 5 (Criminal Offenses) 5-65-104

Suspension periods for Arkansas DWI for drivers under 21:

First Offense: 90 days.

Second Offense within 1 year: 1 year

Third Offense or more before age 21: 3 years or until the driver reaches age 21, whichever comes last.

Source: Arkansas Code Title 5 (Criminal Offenses) 5-65-304

Fines for DWI or refusing a chemical test for drivers under 21:

First Offense: The driver will be fined between $100 and $500.

Second Offense before reaching 21: The driver will be fined between $200 and $1000.

Third Offense or more before reaching 21: The driver will be fined between $500 and $2000.

Source: Arkansas Code Title 5 (Criminal Offenses) 5-65-305

Arkansas DWI Negligent homicide penalties:

If a driver is convicted of negligent homicide, he or she will be sentenced to between 3 years and 10 years in prison and fined up to $10,000.

Source: Arkansas Code Title 5 (Criminal Offenses) 5-4-401, 5-4-201

Arkansas DWI Info