DUI Laws in Arkansas

0.08% for drivers generally; 0.04% for drivers in a commercial vehicle; underage DUI applies at 0.02% to 0.079% for drivers under 21.

The Office of Driver Services suspends the license for 6 months for a first DWI (alcohol) offense, and reinstatement requires an ignition interlock for a period equal to the suspension, an alcohol education or treatment program, a Victim Impact Panel and a $150 fee. The state driver license study guide says a first conviction carries a fine of $150 to $1,000 plus court costs and possible jail of up to one year.

A fourth DWI within 10 years of the first offense is an unclassified felony (1 to 6 years in prison, or 2 to 6 years if a passenger under 16 was in the vehicle). A fifth or later DWI within 10 years is an unclassified felony with 2 to 10 years (3 to 10 with a passenger under 16). A sixth or later DWI within 20 years of the first offense is a Class B felony. First through third offenses are misdemeanors, with longer minimum jail terms when a passenger under 16 was in the vehicle. Out-of-state DWI convictions count as prior offenses.

A driver who refuses an alcohol or drug test faces an administrative suspension: 180 days for a first refusal, 24 months for a second within 5 years, a 3-year revocation for a third within 5 years, and lifetime revocation for a fourth within 5 years. Reinstatement requires a Victim Impact Panel and a $150 fee. A driver may request an administrative hearing within 7 calendar days of arrest and may drive for 30 days on the driver's license receipt if the license was valid.

5 years. Longer administrative suspensions apply for a second, third or fourth DWI or refusal within a 5-year span (DWI: 24 months, 30 months, and a 4-year revocation). For a second or later alcohol or drug offense within 5 years, vehicle registrations owned by the driver are also suspended.

How long a DWI stays on the driving record is not stated on the official pages read. For the criminal record, Arkansas lets people petition to seal convictions, but a DWI (misdemeanor or felony) cannot be sealed until the DWI lookback periods have passed (10 years, or 20 years for the sixth-offense rule). For a misdemeanor, the person must also have finished the sentence, paid court costs and completed all driver's license reinstatement requirements. A person who held a commercial driver license or learner's permit when committing a traffic offense cannot seal that offense.

After a DWI arrest, a driver can request an uncontested hearing with Driver Control to determine eligibility for an interlock restricted license or a restricted driving permit, depending on the offense. A restricted driving permit may also be available for underage alcohol (MIP/ID) suspensions, as decided by a hearing officer.