Arkansas DWI Statutes and Penalties

When an individual is stopped or arrested upon probable cause for an alcohol or drug related offense, the arresting law enforcement officer will give the individual an Official Driver’s License Receipt and take the individual’s driver’s license. This action is part of Arkansas Administrative Law.

The individual will also receive a “Notice of Suspension/ Revocation/ Disqualification of Driving Privilege Form (ALS)” which includes the following information:

The individual will be eligible to drive temporarily for thirty (30) days with the Driver’s License Receipt, provided they had a valid driver’s license at the time of the arrest.
The individual has the right to request an administrative hearing with a Driver Control Hearing Officer within seven (7) calendar days to contest the administrative suspension.
The individual may also request an uncontested hearing with Driver Control to determine their eligibility for an interlock restricted license or a restricted driving permit contingent on the type of DUI/DWI/BUI/BWI offense.

DWI Alcohol	Driving While Intoxicated/Alcohol
BWI Alcohol	Boating While Intoxicated/Alcohol, regardless of driver’s license class
DWI Drugs	Driving While Intoxicated/Drugs
BWI Drugs	Boating While Intoxicated/Drugs, regardless of driver’s license class
Refused to test	Refusal to Submit to Test (aka Implied Consent Law)
Underage DUI	Driving Under the Influence – BAC .02 – .079 (Underage only)
Underage BUI	Boating Under the Influence – BAC .02 – .079 (Underage only)
Underage Refused to test	Refusal to Submit to Test (aka Implied Consent Law)
MIP/Alcohol	Minor in Possession of Alcohol
Misrepresent ID/Alcohol	Misrepresentation of ID for Purchase of Alcohol
CDL DWI	DWI while holding a Commercial Driver’s License or Commercial Learner’s Permit
CMV DWI	DWI committed in a commercial vehicle, regardless of driver’s license class – BAC .04

Administrative Hearing Information

The hearing shall be before the Office of Driver Services or its authorized agent, in the Office of the Revenue Division of the Department of Finance and Administration nearest the county wherein the alleged events occurred for which the person was arrested. The Office of Driver Services or its authorized agent and the arrested person may agree to the hearing being held in some other county. The Office of Driver Services or its authorized agent may schedule the hearing or any part thereof by telephone and conduct the hearing by telephone conference call. The hearing shall not be recorded.

The scope of the hearing shall cover the issues of whether;

The officer had reasonable grounds to believe the person had been operating or was in actual physical control of a vehicle or motorboat while intoxicated or while there was an alcohol concentration of eight-hundredths of one percent (0.08%) for DUI/BUI offenses, four-hundredths of one percent (0.04%) for CDL offenses, or two-hundredths of one percent (0.02% through 0.07%) for Underage DUI/BUI offenses, or more by weight of alcohol in the person’s breath or blood; or
The person refused to submit to a chemical test of his or her breath, saliva, or urine for the purpose of determining the alcohol concentration or controlled substance content of the person’s blood or breath and whether the person was placed under arrest.

If the revocation, suspension, disqualification or denial is based upon a chemical test result indicating that the person was intoxicated or impaired and a sworn report from the arresting law enforcement officer, the scope of the hearing shall also cover the issues as to whether:

The person was advised that his or her privilege to drive would be revoked, suspended, disqualified or denied if the chemical test result reflected an alcohol concentration equal to or in excess of the amount by weight of blood provided by law or the presence of other intoxicating substances;
The breath, blood, saliva or urine specimen, was obtained from the person within the established and certified criteria of the Department of Health;
The chemical testing procedures used was in accordance with existing rules; and
The chemical test result in fact reflects an alcohol concentration, the presence of other intoxicating substances, or a combination of alcohol concentration of other intoxicating substance.

If the revocation, suspension, disqualification or denial is based upon the refusal of the person to submit to a chemical test as provided in Ark. Code Ann. § 5-65-205, § 5-65-310 or § 27-23-114(a)(5), reflected in a sworn report by a law enforcement officer, the scope of the hearing shall also include whether:

The person refused to submit to the chemical test; and
The person was informed that his or her privilege to drive would be revoked, disqualified, suspended, or denied if the person refused to submit to the chemical tests.

At the hearing, the burden of proof shall be on the state and the decision shall be based on a preponderance of the evidence.

Vehicle Registration Hearing Information

If your driving privilege is suspended, disqualified or revoked for a second or subsequent alcohol or drug offense within the past five (5) years, the registration of all motor vehicles owned or co-owned by you will be suspended for a time equal to the suspension of your driving privilege, or one year, whichever is longer, but shall not exceed five (5) years. You have the right to an administrative hearing concerning the suspension of your vehicle registration within twenty (20) days; the hearing request must be made within seven (7) calendar days of notice being given.

The scope of the hearing regarding the registration suspension will be limited to:

Determining if your driving privileges had been suspended, revoked, or disqualified for a similar offense in the five (5) years prior to the current offense, and
Determining if any motor vehicle is registered in your name as either owner or co-owner.

A family member or co-owner may be granted a restricted registration if the person is completely dependent on the motor vehicle for necessities of life.

Statutory Reference: § 5-65-103

Suspension periods for DWI/BWI Alcohol offenses are as follows:

1^st offense = 6 months suspension.
2^nd offense = 24-month suspension (if 2^nd offense was within a 5-year time span).
3^rd offense = 30-months suspension (if 3^rd offense was within a 5-year time span).
4^th offense = 4-year revocation (if 4^th offense was within a 5-year time span)

Statutory Reference: § 5-65-205

DWI/BWI “Alcohol” related administrative convictions require the following state statute requirements be completed before the licensee may be reinstated:

Individual with a “Revoked” license status will be required to pass all phases of the Arkansas Driver’s License Exam.

Individual must complete a state sanctioned Drug and Alcohol Education or treatment program. They must submit the “original” signed completion certificate to Driver Control.

Individual must attend a Victim Impact Panel class and submit a completion certificate to Driver Control.

Individual must have an ignition interlock device installed in their vehicle for a period equal to the driver’s license suspension time. They must submit a “Confirmation of Interlock Requirement” form to Driver Control.

Individual must pay a $150 reinstatement fee. Payments may be made in person at any State Revenue Office, by mail or online at mydmv.arkansas.gov.

Additional Arkansas DWI Resources

Arkansas DWI Classes – We offer a complete listing of state approved DWI & alcohol abuse classes.
Arkansas DWI First Offense – First offense information including penalties, fines, potential jail time, license suspension, DWI classes, and more.
Arkansas DWI Second Offense – Second offense information including penalties, fines, potential jail time, license suspension, DWI classes, and more.
Arkansas DWI Third Offense – Third offense information including penalties, fines, potential jail time, license suspension, DWI classes, and more.
Arkansas DWI Laws – Here you will find a comprehensive and detailed explanation of Arkansas’s DWI laws including all offense levels and penalties.
Arkansas SR22 Insurance – We have compiled everything you need to know about Arkansas’s SR22 insurance and filing requirements including important addresses, phone numbers, etc.