DUI/DWI Laws in Arkansas

This information is from AR Code Title 5, Ch. 65 after it was updated for the 2013 session. The laws below are just a cursory glance at Arkansas alcohol laws and shouldn’t be taken as legal advice.

The maximum legal blood-alcohol content (BAC) is 0.08 percent. Drivers under 21 with a .02 percent BAC or higher will be convicted of DUI. Drivers with a BAC of 0.18 percent or more over the maximum legal BAC limit of .08 percent and drivers refusing chemical testing for intoxication will experience enhanced penalties.  How much can you drink before you are 0.08%$?

A driver’s license can be immediately suspended for up to one year for refusing to comply with a BAC test request. This is considered a violation of the implied consent law which states any person who operates a motor vehicle shall be deemed to have given consent to a chemical test of his or her blood, breath, or urine for the purpose of determining the alcohol or controlled substance content of his or her blood.

In Arkansas, open containers are allowed in a vehicle, but the driver and passengers are not allowed to drink. More general alcohol laws and what to do if you’re arrested for a DUI.

First DUI Conviction

  • 6 months driver’s license suspension
  • Between one day and one-year jail sentence
  • Community service may be granted in lieu of jail
  • $150 – $1,000 fine
  • Potential required use of ignition interlock device
  • Completion of Alcohol Education Program & $150 license reinstatement fee
  • If a passenger under 16 was in the car, a 7 day to one-year jail sentence will be imposed.

Second DUI Conviction (within 5 years)

  • Two-year driver’s license suspension
  • 7 days to 1-year jail sentence
  • Community service may be granted in lieu of jail (30 days minimum)
  • $400 – $3,000 fine
  • Potential ignition interlock device requirement
  • Completion of Alcohol Education Program & $150 license reinstatement fee
  • If a passenger under 16 was in the car, a 30 day to one-year jail sentence will be imposed.

Third DUI Conviction (within 5 years)

  • 30-month driver’s license suspension
  • 90 days – 1-year jail sentence
  • Community service may be granted in lieu of jail (120 days minimum)
  • $900 – $5,000 fine
  • Potential ignition interlock device requirement
  • Completion of Alcohol Education Program & $150 license reinstatement fee
  • If a passenger under 16 was in the car, 120 days to one-year jail sentence will be imposed.
  • Felony Offense

Fourth Offense (within 5 years)

  • 4-year driver’s license suspension
  • 1-6 year jail sentence
  • Community service may be granted in lieu of jail (2 years minimum)
  • $900 – $5,000 fine
  • Potential ignition interlock device requirement
  • Completion of Alcohol Education Program & $150 license reinstatement fee
  • Felony Offense
  • If a passenger under 16 was in the car, a 2-6 year jail sentence will be imposed.

Penalties for Refusal

  • First refusal: 180-day driver’s license suspension
  • Second refusal: 2-year driver’s license suspension
  • Third refusal: Three-year driver’s license suspension
  • Fourth refusal: Lifetime driver’s license revocation

Driving when your license has been suspended has penalties of a 10-day jail sentence and up to one thousand dollars in fines. Arkansas Driver’s License Laws.

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