Arkansas DUI/DWI Laws: Penalties, Court Process, and Records

Driving under the influence (DUI) and driving while intoxicated (DWI) are criminal offenses that carry significant legal and financial consequences in every state. While some states use the terms interchangeably, Arkansas law draws a distinction between DUI and DWI. Let’s explore Arkansas’s definition of DUI/DWI, penalties, court process, and the duration of retention of DUI records.

What Is a DUI or DWI in Arkansas?

In Arkansas, impaired driving laws are outlined under the Arkansas Code §5-65. Adult drivers are charged with DWIs, while underage drivers face DUI charges instead.

• DWI (Driving While Intoxicated): This term applies to drivers age 21 and older with a blood alcohol concentration (BAC) level of 0.08% or higher. For commercial drivers, the BAC limit is 0.04%. A driver may also be charged if impaired by drugs, whether illegal substances, prescription medications, or other intoxicants.
• DUI (Driving Under the Influence): Drivers under the age of 21 with a BAC level of 0.02% or higher are guilty of committing DUI offenses. This reflects Arkansas’s zero-tolerance law for underage drinking and driving.

Therefore, DWI is an adult offense, while DUI is the specific term that applies to underage traffic offenders.

DUI/DWI Penalties in Arkansas

In Arkansas, DUI/DWI offenses are subject to escalating penalties within a 10-year look-back period. Often, a repeat offense triggers harsher consequences.

• First DWI Offense:
  • A jail term between 24 hours and 1 year may be imposed
  • Fines range between $150 and $1,000
  • It is punishable by a driving license suspension of 6 months
  • Offenders are required to complete a mandatory alcohol education program
  • First-time offenders are required to install an ignition interlock device
• Second DWI Offense (if committed within 5 years):
  • It carries a minimum jail sentence of 7 days up to 1 year
  • Fines range between $400 and $3,000 in this category
  • It may lead to a license suspension for 24 months
  • Offenders are required to install an ignition interlock device to monitor driving and prevent alcohol and drug impairment.
• Third DWI Offense:
  • The penalties increase when it is a third-time offense; a jail term ranging between 90 days and 1 year is mandatory according to Arkansas law
  • Upon conviction, a fine payment ranging between $900 and $5,000 is required
  • It may lead to a license suspension for 30 months
  • A continued ignition interlock device is required on vehicles
• Fourth DWI Offense (Felony):
  • A prison term between 1 and 6 years is imposed on convicts
  • Traffic offenders are required to pay fines up to $5,000 for a fourth-time offense
  • A four-year license suspension is imposed
• Fifth DWI or Subsequent Offense (Felony):
  • It is punishable by 2 to 10 years in state prison
  • Persons guilty of felonies are required to pay fines up to $5,000
  • It leads to a lifetime license revocation (with possible reinstatement after 10 years)

For DUI offenders under the age of 21, penalties include fines, license suspension, and mandatory education programs. In general, jail time is not imposed for first-time offenses.

DUI Arrest and Court Process in Arkansas

In the state of Arkansas, a DUI/DWI follows a structured process:

1. Arrest and Chemical Testing—If a law enforcement officer suspects impairment, they may conduct field sobriety tests and chemical testing (breath, blood, or urine). A refusal on the part of the driver may lead to automatic license suspension under Arkansas’s implied consent law.
2. Booking and Charges – Upon arrest, the driver is taken into custody, fingerprints and photographs are taken, and they are formally charged.
3. Arraignment—The accused appears before a judge and hears the charges levied against them. Legal representation may be necessary, and the offender enters a plea at this stage.
4. Pre-Trial Hearings—Defense attorneys may file motions to suppress the legality of a traffic stop or the accuracy of test results.
5. Trial—If the case proceeds, the prosecution is required to prove beyond a reasonable doubt that the defendant was intoxicated or impaired while driving.
6. Sentencing—Under Arkansas law, a conviction results in penalties, which may include fines, jail terms, license suspensions, and mandatory treatment programs.

Arkansas offers certain treatment programs for DUI/DWI offenders. Also, according to the state law, Arkansas law does not permit plea bargaining, which reduces charges to reckless driving.

How to Search for DUI/DWI Records in Arkansas

In Arkansas, DUI/DWI cases are public records, although the type of record determines how to obtain them.

• Arkansas Judiciary (Search ARcourts portal): This is the official electronic statewide portal where the public may view DUI/DWI cases, charges, and outcomes. A search may be performed by name or case number.
• Arkansas Department of Finance and Administration (DFA)—Office of Driver Services: This agency maintains driving records, including DUI/DWI convictions, suspensions, and ignition interlock sanctions. Individuals may request their personal records from this organization.
• County Clerk of Court: The public may obtain certified copies of DUI/DWI judgments and sentencing records upon request from the clerk of court where the case was heard.
• Third-Party Record Providers: Private background check companies also compile DUI/DWI information; nevertheless, individuals may need to verify the accuracy of such records.

The type of information contained in a DUI/DWI record includes the BAC level, conviction type, sentencing information, and license status.

How Long Does a DUI/DWI Stay on Your Record in Arkansas?

In Arkansas, the retention of DUI/DWI records on an individual's criminal history varies depending on whether it is a criminal or driving record:

• Criminal Record: A DWI record stays on a person’s criminal history for a long period of time. At present, Arkansas does not allow the expungement of DWI convictions.
• Driving Record: In Arkansas, DUI/DWI convictions remain on a driving record for 5 years. On the contrary, sentencing for habitual offenses is determined by repeated violations committed within a 10-year look-back period.
• Insurance and Employment: A DUI/DWI conviction may affect insurance premiums for a period of 3 to 5 years, and it may also appear on employer background checks.

Arkansas enforces tough penalties for DUI and DWI offenses, and it distinguishes between adult and underage offenders. A single conviction may result in fines, jail time, and license suspension. Furthermore, repeat offenders may face longer prison terms and a license revocation. DUI/DWI public records are accessible through theARCourts Portal and the Office of Driver Services. This means that convictions are retained permanently on a criminal record. Understanding these laws is critical for drivers, employers, and researchers due to the long-term consequences of impaired driving in Arkansas.