BAC limits: 0.08% for adults; 0.04% for commercial drivers; zero-tolerance for drivers under 21. A first offense: First DWI is typically a misdemeanor with fines, possible jail, license suspension, alcohol education, and ignition-interlock eligibility requirements. Felony threshold: A fourth DWI within a statutory lookback, or DWI causing serious injury/death, can be a felony. That is what separates Arkansas DUI penalties from a generic national summary. Read Ark. Code Ann. § 5-65-103 before the background sections below. Lookback: Prior DWI offenses within 5 years enhance penalties; related Omnibus DWI consequences can use longer tracks.. Ignition interlock: Ignition interlock is commonly required for restricted driving privileges after DWI.
Lookback window for prior offenses
Prior DWI offenses within 5 years enhance penalties; related Omnibus DWI consequences can use longer tracks.
First-offense penalties
First DWI is typically a misdemeanor with fines, possible jail, license suspension, alcohol education, and ignition-interlock eligibility requirements.
When a Arkansas DUI becomes a felony
A fourth DWI within a statutory lookback, or DWI causing serious injury/death, can be a felony.
A concrete Arkansas scenario
Here is one way the Arkansas pieces fit together. Change any fact and the statute may point somewhere else.
A driver in Arkansas is charged with a first impaired-driving offense and wants to know what the statute actually sets.
- Start with the alcohol limits: 0.08% for adults; 0.04% for commercial drivers; zero-tolerance for drivers under 21
- Read the first-offense range: First DWI is typically a misdemeanor with fines, possible jail, license suspension, alcohol education, and ignition-interlock eligibility requirements.
- Ask when the charge becomes a felony: A fourth DWI within a statutory lookback, or DWI causing serious injury/death, can be a felony. Lookback: Prior DWI offenses within 5 years enhance penalties; related Omnibus DWI consequences can use longer tracks.
- Interlock: Ignition interlock is commonly required for restricted driving privileges after DWI.
Arkansas DWI cases under § 5-65-103 proceed in district or circuit court with parallel administrative license issues. Repeat offenses escalate fines, jail, and felony exposure.
Ignition interlock and license consequences
Ignition interlock is commonly required for restricted driving privileges after DWI.
How a typical Arkansas DUI case unfolds
Arkansas DWI cases under § 5-65-103 proceed in district or circuit court with parallel administrative license issues. Repeat offenses escalate fines, jail, and felony exposure.
Related Arkansas guides
- How to file for divorce in Arkansas
- Child custody and parenting time in Arkansas
- Security deposit return in Arkansas
Case law: DUI penalties in Arkansas
Terry LOVELL, Mike FLUIATT, David BRITTON, Rick FIVEKILLER, Randall SIMMERMON, Sally BASWELL, Roger CARSON, Mike
…while under the influence of intoxicants and driving while intoxicated, and that a prior conviction for driving while under the influence should not be counted as a prior offense for driving while intoxicated. There is no merit in the argument. Both laws declare that drivers with a blood alcohol content of. 10% or more constitute a threat to public safety. The legislative inte…
Terry LOVELL, Mike FLUIATT, David BRITTON, Rick FIVEKILLER, Randall SIMMERMON, Sally BASWELL, Roger CARSON, Mike is worth reading on Arkansas DUI penalties because the court put the point in its own words: "There is no merit in the argument. Both laws declare that drivers with a blood alcohol content of. 10% or more constitute a threat to public safety." Use that passage as the starting point, then read the facts that precede it.
William Edward WHITSON v. STATE of Arkansas
William Edward WHITSON v. STATE of Arkansas, 314 Ark. 458 (1993)
…e to Ark. Code Ann. § 5-65-103(b), and 2) using it to prove driving under the influence of alcohol under a second statute much like Ark. Code Ann. § 5-65-103 (a). The court denied the use of HGN testing to establish blood alcohol content but did not prohibit introduction of the results of the test to prove driving under the influence. We agree that testimony of the driver’s nys…
Arkansas opinions such as William Edward WHITSON v. STATE of Arkansas are cited where DUI penalties is disputed. The court stated: "Ark. Code Ann. § 5-65-103(b), and 2) using it to prove driving under the influence of alcohol under a second statute much like Ark. Code Ann. § 5-65-103 (a)." That is the language to brief; the rest of the decision supplies the procedural posture.
Rodney LONG v. STATE of Arkansas
Rodney LONG v. STATE of Arkansas, 284 Ark. 21 (1984)
…, two separate acts are declared illegal: (a) driving while intoxicated or (b) driving with a blood alcohol content of .10% or more. The 1983 act, Ark. Stat. Ann. § 75-2503 (Supp. 1983), provides: (a) It is unlawful and punishable as provided in this Act [§§ 75-1031.1, 75-1045, 75-2501 — 75-2514] for any person who is intoxicated to operate or be in actual physical control of a…
Arkansas opinions such as Rodney LONG v. STATE of Arkansas are cited where DUI penalties is disputed. The court stated: "The 1983 act, Ark. Stat. Ann. § 75-2503 (Supp. 1983), provides: (a) It is unlawful and punishable as provided in this Act [§§ 75-1031." That is the language to brief; the rest of the decision supplies the procedural posture.
Sandra Colleen ROBERTS v. STATE of Arkansas
Sandra Colleen ROBERTS v. STATE of Arkansas, 324 Ark. 68 (1996)
…sas Code Annotated § 5-65-303 (Repl. 1993) of the “Underage Driving Under the Influence Law” codified at Arkansas Code Annotated §§ 5-65-301 to -311 (Repl. 1993 & Supp. 1995) (“Underage DUI Law”), and of direct contempt of court. Appellant raises four arguments for reversal. Jurisdiction is properly in this court pursuant to Ark. Sup. Ct. R. l-2(a)(l) and (3). We affirm the tri…
On DUI penalties, Sandra Colleen ROBERTS v. STATE of Arkansas speaks to the Arkansas dispute in this passage: "Code Annotated § 5-65-303 (Repl. 1993) of the “Underage Driving Under the Influence Law” codified at Arkansas Code Annotated §§ 5-65-301 to -311 (Repl. 1993 & Supp. 1995) (“Underage DUI Law”), and of direct contempt of court. Appellant raises four arguments for reversal." The surrounding opinion shows how the court applied that language to the record.
Bruce MACE v. STATE of Arkansas
Bruce MACE v. STATE of Arkansas, 328 Ark. 536 (1997)
…f appeals held that the State failed to show that Roach was driving under the influence of a controlled substance due to the absence of any showing that an empty bottle of prescription pills in Roach’s car contained a controlled substance. The facts in the present case are easily distinguishable from those in Roach. Here, we have substantial evidence gleaned from field sobriety…
On DUI penalties, Bruce MACE v. STATE of Arkansas speaks to the Arkansas dispute in this passage: "State failed to show that Roach was driving under the influence of a controlled substance due to the absence of any showing that an empty bottle of prescription pills in Roach’s car contained a controlled substance." The surrounding opinion shows how the court applied that language to the record.
Eric Keith HOYLE v. STATE of Arkansas
Eric Keith HOYLE v. STATE of Arkansas, 371 Ark. 495 (2007)
…the accident, officers believed that Hoyle might have been driving under the influence of drugs or alcohol at the time of the accident. Hoyle, who was transported by ambulance to a local hospital, was presented with a consent form to allow authorities to obtain a blood and urine sample from him. The samples later revealed the presence of amphetamine and methamphetamine in his…
Practitioners open Eric Keith HOYLE v. STATE of Arkansas when Arkansas DUI penalties turns on the distinction in this sentence: "Hoyle might have been driving under the influence of drugs or alcohol at the time of the accident. Hoyle, who was transported by ambulance to a local hospital, was presented with a consent form to allow authorities to obtain a blood and urine sample from him." Do not lift it out of the facts the court was deciding.
Kevin Edward McELHANON v. STATE of Arkansas
Kevin Edward McELHANON v. STATE of Arkansas, 329 Ark. 261 (1997)
…rk. Code Ann. § 5-65-103 (Repl. 1993), but was convicted of driving under the influence (“DUI”) in violation of Ark. Code Ann. § 5-65-303 (Repl. 1993). He appealed to circuit court where he was tried and convicted of DUI. ■ Appellant filed a petition for review from a decision of the Arkansas Court of Appeals delivered on December 23, 1996, where a 3-3 vote affirmed the lower c…
On DUI penalties, Kevin Edward McELHANON v. STATE of Arkansas speaks to the Arkansas dispute in this passage: "Code Ann. § 5-65-103 (Repl. 1993), but was convicted of driving under the influence (“DUI”) in violation of Ark. Code Ann. § 5-65-303 (Repl. 1993). He appealed to circuit court where he was tried and convicted of DUI." The surrounding opinion shows how the court applied that language to the record.
Key takeaways
- BAC limits: 0.08% for adults; 0.04% for commercial drivers; zero-tolerance for drivers under 21
- Lookback period: Prior DWI offenses within 5 years enhance penalties; related Omnibus DWI consequences can use longer tracks.
- First-offense range: First DWI is typically a misdemeanor with fines, possible jail, license suspension, alcohol education, and ignition-interlock eligibility requirements.
- Felony threshold: A fourth DWI within a statutory lookback, or DWI causing serious injury/death, can be a felony.
- Ignition interlock: Ignition interlock is commonly required for restricted driving privileges after DWI.
- Primary authority: Ark. Code Ann. § 5-65-103.
Blood alcohol limits in Arkansas
0.08% for adults; 0.04% for commercial drivers; zero-tolerance for drivers under 21
Frequently asked questions
What is the legal BAC limit in Arkansas?
0.08% for adults; 0.04% for commercial drivers; zero-tolerance for drivers under 21
Is a first DUI a felony in Arkansas?
A fourth DWI within a statutory lookback, or DWI causing serious injury/death, can be a felony.
Will I need an ignition interlock device?
Ignition interlock is commonly required for restricted driving privileges after DWI.
This guide covers Arkansas impaired-driving law as of 2026. Sentencing grids, administrative DMV rules, and local diversion programs change — verify the live statute and speak with counsel about your charging document.