WHAT IS THE FINE FOR DRIVING WHILE INTOXICATED?

Any person who pleads guilty or no contest to or is found guilty of violating the Arkansas DWI statute shall be fined:

(1) No less than one hundred fifty dollars ($150) and no more than one thousand dollars ($1,000) for the first offense;
(2) No less than four hundred dollars ($400) and no more than three thousand dollars ($3,000) for the second offense occurring within five (5) years of the first offense; and
(3) No less than nine hundred dollars ($900) and no more than five thousand dollars ($5,000) for the third or subsequent offense occurring within five (5) years of the first offense.

WHAT IS THE POSSIBLE JAIL TERM FOR DRIVING WHILE INTOXICATED?

A. Jail terms are determined by the history of the person who is found guilty.

(a) FIRST OFFENSE: Any person who pleads guilty or no contest to or is found guilty of violating the DWI statute for a first offense, may be imprisoned for no less than twenty-four (24) hours and no more than one (1) year. However, if a passenger under sixteen (16) years of age was in the vehicle at the time of the offense, a person who pleads guilty or no contest to or is found guilty of violating the DWI statute, for a first offense, may be imprisoned for no fewer than seven (7) days and no more than one (1) year. In either case the court may order public service in lieu of jail.

(b) SUBSEQUENT OFFENSES: Any person who pleads guilty or no contest to or is found guilty of violating the DWI statute or any other equivalent penal law of another state or foreign jurisdiction shall be imprisoned or shall be ordered to perform public service in lieu of jail as follows:

(1) SECOND OFFENSE: For no fewer than seven (7) days but no more than one (1) year for the second offense occurring within five (5) years of the first offense or no fewer than thirty (30) days of community service. However, if a person under sixteen (16) years of age was in the vehicle at the time of the offense, for no fewer than thirty (30) days but no more than one (1) year for the second offense occurring within five (5) years of the first offense or no fewer than sixty (60) days of community service.

(2) THIRD OFFENSE: For no fewer than ninety (90) days but no more than one (1) year for the third offense occurring within five (5) years of the first offense or no fewer than ninety (90) days of community service. However, if a person under sixteen (16) years of age was in the vehicle at the time of the offense, for no fewer than one hundred twenty days (120) days but no more than one (1) year for the third offense occurring within five (5) years of the first offense or no fewer than one hundred twenty (120) days of community service.

(3) FOURTH OFFENSE: For at least one (1) year but no more than six (6) years for the fourth offense occurring within five (5) years of the first offense or not less than one (1) year of community service and is guilty of a felony. However, if a person under sixteen (16) years of age was in the vehicle at the time of the offense, for at least two (2) years but no more than six (6) years for the fourth offense occurring within five (5) years of the first offense or not less than two (2) years of community service and is guilty of a felony.

(4) FIFTH OFFENSE: For at least two (2) years but no more than ten (10) years for the fifth or subsequent offense occurring within five (5) years of the first offense or not less than two (2) years of community service and is guilty of a felony. However, if a person under sixteen (16) years of age was in the vehicle at the time of the offense, for at least three (3) years but no more than ten (10) years for the fifth offense occurring within five (5) years of the first offense or not less than three (3) years of community service and is guilty of a felony.

WHAT ADDITIONAL PENALTIES MAY BE IMPOSED FOR DRIVING WHILE INTOXICATED?

A. In addition to fines and jail sentences, the Court is also required to impose court costs and require completion of an alcohol education program.

WILL MY DRIVER’S LICENSE BE SUSPENDED?

A. At the time of arrest for DWI, the arrested person will be required to surrender his or her driver’s license. The Office of Driver Services will suspend or revoke the driving privilege of the arrested person.

The suspension or revocation will be based on the number of previous offenses as follows:

(a) Six (6) months for DWI, first offense.
(b) Twenty-four (24) months for DWI, second offense.
(c) Thirty (30) months for DWI, third offense.
(d) Four (4) years for the fourth or subsequent offense of DWI.

WHAT PREVIOUS OFFENSES ARE CONSIDERED FOR PURPOSES OF SUSPENSION?

In order to determine the number of previous offenses to consider when suspending or revoking the arrested person’s driving privileges, the Office of Driver Services will consider as a previous offense any of the following that occurred within the five (5) years immediately before the current offense:

(a) Any conviction for DWI that occurred in Arkansas or in another state;
(b) Any suspension or revocation of driving privileges for a DWI arrest when the person was not subsequently acquitted of the criminal charges; or
(c) Any conviction for an offense of operating a motorboat on the waters of this state while intoxicated or refusing to submit to a chemical test when the person was not subsequently acquitted of the criminal charges.