Arkansas DUI Laws and Penalties (2026)
A complete guide to DUI and DWI laws in Arkansas, including penalties for first and repeat offenses, BAC limits, license suspension rules, and when a DUI becomes a felony.
Arkansas DUI At a Glance
First Offense DUI in Arkansas
24 hours–1 year jail, $150–$1,000 fine, 6-month suspension
Zero tolerance for drivers under 21
Second Offense DUI in Arkansas
7 days–1 year jail, $400–$3,000 fine, 24-month suspension
When Does a DUI Become a Felony in Arkansas?
In Arkansas, a DUI typically becomes a felony charge at the 4th offense. Additional circumstances that can elevate a DUI to a felony include:
- Causing injury or death to another person while driving impaired
- Having a child passenger in the vehicle
- Having an extremely high BAC (typically 0.15% or 0.16%+)
- Driving on a suspended or revoked license due to a prior DUI
Arkansas DUI BAC Limits
| Driver Type | BAC Limit |
|---|---|
| Standard (21+) | 0.08% |
| Under 21 | 0.00%–0.02% (zero tolerance) |
| Commercial Driver (CDL) | 0.04% |
Refusing a Breathalyzer in Arkansas
Arkansas, like all U.S. states, has an implied consent law. By driving on Arkansas roads, you implicitly consent to chemical testing (breath, blood, or urine) if lawfully arrested for DUI. Refusing a test will typically result in automatic license suspension, separate from any DUI conviction, and the refusal can be used against you in court.
DUI vs. DWI in Arkansas
Different states use different terminology. Arkansas uses DUI (Driving Under the Influence) as its primary statute, though both alcohol and drug impairment can result in charges.
Finding a DUI Lawyer in Arkansas
If you are facing a DUI charge in Arkansas, it is strongly recommended to consult with a qualified DUI defense attorney as soon as possible. An attorney can:
- Review the circumstances of your arrest for procedural errors
- Challenge the accuracy of BAC testing equipment
- Negotiate for reduced charges or alternative sentencing
- Represent you at DMV hearings to contest license suspension