Under Arkansas DWI laws drivers who are found to be guilty are faced with 2 cases; first the court case and then the DWI driver’s license case.

DWI laws can be charged using 2 different theories; "common-law" DWI charge, in which prosecution must show that the driver was impaired by either alcohol or drugs, and Arkansas DWI per se charges which require the government to simply prove that the defendant was driving while his/her alcohol blood level was at or above .08. Under the Per
se charge, it does not matter if the defendant is actually impaired or not.

To prove common-law DWI, the state will use a variety of methods ranging from driving patterns and physical appearance of the defendant, to field sobriety tests and chemical test results.

Proving per see convictions warrant the positive reading of alcohol above .08 in a person's breath, blood or urine sample that is provided upon being stopped by the officer.

Punishments for DWI convictions depend on the type of conviction and range from jail time to manditory substance abuse programs, license suspentions, ignition interlock devices and fines.

A first DWI offense results in; 1 day to 1 year in jail and a fine of $150 to $1000.

A second DWI offense results in; 7 days to 1 year in jail or no less than 1 month community service, a fine between $400 and $3000.

A third DWI offense results in; 90 days to 1 year in jail or 90 days of community service, a fine between $900 and $5000.

A 4th DWI offense results in; (felony charge) - 1 to 6 years in prison, $900 to $5000 fine.

A 5th DWI offense results in; (felony charge) - 2 to 10 years in prison, fine between $900 to $5000.

License Penalties also depend on the amount of prior DWI offenses.

First offense results in; 120 day suspention if breath test blows below .18.
If impaired by drugs, your license is revoked for 6 months. Refusing to provide a chemical sample for testing results in a 180 day hold on your license.

Your second DWI offense results in;2 year suspention of your license, and automatic 2 year suspention if you refuse a chemical test.

A 3rd DWI offense results in; 30 month license suspention, and refusal to provide a chemical sample for testing results in a 3 year license suspention.

4th or subsequent offenses result in; 4 year ban, and refusing to give a chemical sample for testing results in a permanent ban from driving.

Note: Upon your arrest for DWI you only have 7 days to request a DMV hearing.